Negligent Retention Truck Accident Lawyer in Houston
When it comes to personal injury resulting from a commercial truck crash, driver negligence is one of the first concerns.
In some cases, negligent hiring or retention is the cause of a crash. Have you or a family member been in a commercial truck wreck due to negligent retention? You may be able to collect compensation benefits. Here’s what you need to know about hiring a good 18-wheeler injury law firm in Houston.
How Negligent Retention Can Cause a Truck Accident
State and federal laws require driving companies to practice diligence when hiring commercial drivers. However, this does not always occur. Negligent retention occurs when an employer hires and retains an inexperienced or unqualified employee to operate an 18-wheeler. It also happens when they know that keeping an employee may pose a threat to public safety.
An example of negligent retention could be if a company hired a driver with a history of drug use. Commercial truck drivers must register with drug abuse databases whenever they seek a new job. Unfortunately, drug use puts the public at risk as the driver’s compromised health could lead to unsafe driving decisions. A company retaining this employee would be at fault for negligent retention.
Assessing Negligent Retention
When assessing an employer’s negligence, the trucking company will have to undergo a review. It determines if they had prior knowledge that their employee was unfit for the position. If the employer knew of their employee’s situation, liability for negligence falls on the company.
There is generally a paper trail of evidence in the event of negligent retention. Trucking companies must maintain extensive driving records and histories. When submitting a case, you will want the best automobile injury lawyer in Houston to hold the trucking company accountable.
Factors in Determining Negligent Retention
When a big rig employer hires an applicant, there are a few set things they should consider for safe employment. They will need to analyze an applicant’s DMV records and driving history. If an applicant has a history of violations, license suspensions, and accidents, they likely cannot handle a big truck.
Commercial truck drivers must keep a current medical examiner’s certificate. Certain medical conditions could disqualify them from holding a CDL.
Substance abuse records will also need screening. Driving companies must ask for a current drug test and pull drug test records from previous years.
Failure to account for any one of these could be grounds for a negligent retention case.
Call One of the Best Truck Accident Lawyers in Houston
A trucking company’s negligence could result in vehicle damage, personal injuries, or fatalities. Society must hold them responsible.
At The Stephens Law Firm, we will work to ensure accountability for negligent hiring and retention. If you’ve been the victim of one of these incidents, we understand that it can be a difficult time. We will help you secure the financial compensation you deserve. Get in touch with us, and we’ll help you deal with your negligent retention case today!
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