Negligent Hiring And New York Truck Accidents

Jed Dietrich, Esq. and His Team of Trial Lawyers and Paralegals are Aggressive, Tenacious and Hardworking and Will Fight to Obtain the Best Result After Your Accident With a Truck in Buffalo, New York; Rochester, New York and Niagara Falls, New York.

Large trucks are everywhere, and the sheer size of these vehicles can make sharing the road difficult and dangerous. Businesses and corporations employ trucking companies to transport cargo safely from one place to another. It is imperative that truck drivers are properly trained and certified in order to reduce collisions, which regularly cause catastrophic property damage, serious injury and death. Since 2012, approximately 3,700 people per year have been killed in accidents with large trucks and over 100,000 people have been injured.

If you, or a loved one, have been hit by a tractor-trailer, big rig truck or semi truck in Buffalo, New York; Rochester, New York or Niagara Falls, New York, you want a recognized Best Lawyer of America to fight for you so that you receive compensation for your expensive medical bills, lost wages and pain and suffering. Jed Dietrich, Esq. has settled in excess of $175,000,000.00 on behalf of his clients. His top rated and elite staff of Buffalo, New York truck accident lawyers has extensive experience and knowledge of the trucking industry. Call the Dietrich Law Firm P.C. today at 716-839-3939 so that we can battle to obtain the best result for YOU. We are available 24 hours a day, and there is never a fee unless we win for you.

Negligent Hiring Of Truck Drivers

If a truck driver is not appropriately certified to operate a commercial motor vehicle, and a trucking company hires them anyway, the company is liable for any accidents, injuries and damages that they cause under the theory of negligent hiring.

The Code of Federal Regulations from the Department of Transportation mandates that commercial trucking companies follow several steps in the hiring process, including:

1. Hiring drivers who have the proper licenses and certificates to operate a commercial motor vehicle. Truck drivers are required to have a Commercial Driving License (CDL) and to complete a skills and knowledge test. In some instances, companies are required to administer a road test to applicants to test their driving skills.
2. Properly screening their employees for drugs and alcohol. In 1991, Congress passed the Omnibus Transportation Employee Testing Act, which requires trucking companies to test new hires for alcohol and drugs. Additionally, employees must complete one hour of training on alcohol abuse and one hour of training on controlled substance abuse.
3. Completing a background check. In addition to personal information, truck companies must delve into the employment history of their applicants. It is required that companies:
   1. Investigate the safety and performance of their drivers through the Department of Transportation;
   2. Review the driving records and any accident information of the driver over the past 3 years; and
   3. Check the driving record of every operator, including accidents and violations, every 12 months.
4. Administering a physical examination. Truck drivers must be medically certified as “physically qualified” to operate a commercial motor vehicle. This examination will certify that:
   1. The driver has no loss of a foot, leg, hand or arm that prevents them from operating the truck properly;
   2. The driver does not have a clinical diagnosis for a serious heart condition;
   3. The driver does not have high blood pressure that could interfere with their ability to safely operate the vehicle;
   4. The driver has proper visual acuity and corrective lenses if necessary; and
   5. That the driver does not have a history of drug abuse or alcoholism.
5. Keeping a Driver Qualification File. This file must include:
   1. The employee’s application;
   2. The employee’s motor vehicle record from the State;
   3. A copy of the driver’s road test or their CDL;
   4. The annual review of the employee’s driving record by the company; and
   5. A certificate from the medical examiner.

If a trucking company does not follow the proper steps in the hiring process outlined above, then they have been negligent in their hiring process. If a truck driver that is ill-equipped to operate a tractor-trailer, big rig or semi truck has injured you in an accident in Buffalo, New York—the company is responsible for your medical bills, lost wages and pain and suffering.

You want the most experienced personal injury attorney in Buffalo, New York to fight for you against large truck companies. Jed Dietrich, Esq. is a recognized Best Lawyer of America and has a staff of Buffalo, New York truck accident lawyers that will zealously battle to obtain the best result for your personal injury case. Call the Dietrich Law Firm P.C. TODAY for a free consultation at 716-839-3939. We are available 24 hours a day, 7 days a week.

There are strict time constraints applicable to truck accident cases in Buffalo, New York. You should immediately call the superior team of truck accident lawyers in Buffalo, New York at the Dietrich Law Firm P.C. after you have been hurt in a truck accident in Buffalo, New York; Rochester, New York or Niagara Falls, New York. Let our tenacious attorneys guide you every step of the way and attempt to obtain the best result for your personal injury in New York and beyond.

Jed Dietrich, Esq. will attempt to obtain the best result for you by investigating whether the trucking company was guilty of negligent hiring. If negligent hiring caused or contributed to your truck accident, Jed Dietrich, Esq. will fight for the compensation you deserve by showing:

1. The truck company was responsible for hiring an employee that was either unqualified or unfit to driver a commercial motor vehicle.
2. The truck company was aware of, or should have been aware of, issues pertaining to:
   1. The applicant’s personal background;
   2. The applicant’s licenses and/or certifications; and/or
   3. The applicant’s drug or alcohol abuse.

   Knowledge that an applicant was unfit to be a truck driver and deciding to hire that person anyway can constitute a breach of a duty.

3. Your truck accident was a direct result of the trucking company employing an inexperienced, unqualified or otherwise unfit truck driver. This is referred to as the proximate cause.
4. As a result of the accident, YOU suffered serious injuries. Your medical records and expert testimony can prove this. If the injuries you sustained in the truck accident forced you to have surgery or left you with expensive medical bills, you may be entitled to large compensation. For more information on truck accident lawsuits, click here.

You want the most experienced personal injury attorney in Buffalo, New York to battle on your behalf so that you receive the compensation that you deserve after a truck accident. Jed Dietrich, Esq. and his top rated team of truck accident attorneys and lawyers in Buffalo, New York have a proven track record of winning personal injury accident cases for clients in Buffalo, New York; Rochester, New York and Niagara Falls, New York. Call the Dietrich Law Firm P.C. NOW for a free consultation at 716-839-3939.

Call the Dietrich Law Firm P.C. immediately at 716-839-3939 so that our aggressive, tenacious and hardworking personal injury lawyers can fight to obtain the best result for your personal injury claim in Buffalo, New York. We are available 24 hours a day, 7 days a week, and there is never a fee until we WIN for you!