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RD- an actual child support client
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01/10/2014
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Negligent Hiring, Negligent Supervision & Other Employer Related Negligence

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Personal Injury

Florida has one of the highest incidence rates for trucking wrecks in the nation. While some of these accidents occur due to the negligent actions of other motorists, many trucking collisions are caused by the negligence of the truck driver, their employer, or a combination of both. The owners and drivers of trucks have an obligation to adhere to the standards proscribed by state and federal law regarding  the use and operation of such vehicle. When a trucking company or truck driver violates these standards, or any other duty or obligation, the Gainesville Trucking Collision Attorneys of the Law Office of Alba & Yochim P.A. believe they should be held accountable to the fullest extent possible.

In general, employers have a duty to ensure that the drivers they employ are good drivers. This requires the employer to properly screen drivers to determine whether the driver is both physically and mentally capable of performing truck driving duties, as well as legally permitted to operate the type of vehicle intended to be used.

Claims involving injury or death caused in a trucking collision are almost always based upon theories of negligence. While in some cases an employer may fail to take adequate precautions to ensure the hiring of responsible drivers, other cases involve an employer’s knowledge of employee safety risks, which can result in an award for punitive damages due to the employer’s gross negligence.

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While allegations of general negligence are typically asserted in trucking collision claims, specific theories of negligence may also be presented in certain circumstances. For example, the employer should verify that a driver possesses the appropriate class of license, has a clean driving record with adequate training and experience, and has no history of drug or alcohol abuse that may affect the ability to perform driving duties.

Common claims against an employer involving specific instances of negligence include negligent hiring, negligent retention, negligent entrustment, negligent training, and negligent supervision. Trucking Collisions can also involve issues concerning the actual vehicle put into use on a roadway. Failure to properly maintain a truck, or perform regular inspections on key safety components such as braking systems, steering mechanisms, and tires, can result in liability in the event of an accident.

In addition, employers also have a duty to ensure that trucks are loaded in an appropriate manner, such that the load does not exceed weight limitations; cargo has been evenly distributed; and all items have been properly secured. Although both the owner and operator of a truck have a duty to check for vehicle safety issues, typically it is the employer that is ultimately held responsible for their negligent action or inaction.

Because the average tractor trailer, when fully loaded, can weigh up to 20 times more than the average passenger vehicle, the potential for devastating injury in a collision between the two is significantly greater than in accidents involving only passenger vehicles.

Trucking companies know that heavy trucks, like tractor trailers, are massive pieces of machinery capable of considerable destruction, and given this knowledge, the Trucking Collision Attorneys of the Law Office of Alba & Yochim P.A. believe that the owners and operators of heavy trucks owe not only a legally duty, but also a moral duty to take adequate measures to protect the safety of others.

If you or a loved one were the victim of a trucking collision involving the negligence of another, you may be entitled to compensation for your injury or loss.