When a trucking company hires a driver, the employer is responsible for learning everything they can about the driver to determine whether or not it's safe to place the driver behind the wheel. If you are involved in an accident with a commercial truck driver, you'll want to consult with a truck accident injury attorney about how the hiring policies of the trucking company involved in your accident can affect your case.
Medical Records
An employer must make sure that the driver is healthy enough to be able to safely drive a commercial truck. For example, you will need to be able to prove that the driver is not suffering from narcolepsy, which can lead to the driver falling asleep while behind the wheel.
Drug Testing
The employer must test the driver to make sure that they are not under the influence of drugs or alcohol. The employer must submit the driver to regular drug tests. Also, if the driver has been arrested for a DUI in the past, they should not be hired.
Background Checks
The employer should perform a full criminal background check and should examine the applicant's driving record. If the applicant has a history of reckless driving, they should not be put behind the wheel of an 18-wheeler. The driver must also have the appropriate license and be trained on how to operate a commercial truck.
Vicarious Liability
If your lawyer is able to prove that the employer was negligent when hiring the truck driver, they could be held responsible for your accident. Then you will not only be able to seek compensation for your injuries through the commercial insurance provider of the truck, but you may also be able to sue the trucking company directly.
How to Determine the Damages You Have Suffered
To be able to seek compensation for your injuries, you will need to prove that you were injured as a result of the accident. Therefore, you will need to seek medical attention immediately. Your attorney will help you calculate the damages you have suffered so you can seek compensation for your injuries.
The Demand Letter
Once your damages have been calculated, such as pain and suffering and lost wages, your attorney will help you write a demand letter that will then be sent to the insurance provider. This letter will list the amount that you are requesting to be compensated for the accident.
Contact a local truck accident lawyer to learn more.
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