Being involved in a truck accidents or a car accident can be physically, emotionally and financially devastating. Due to the serious results of a commercial truck accident, one of the first questions many people ask is “Are background checks required to be done to hire a truck driver”? This is a popular question for several reasons, especially when the accident involved a truck driver who was hired by a trucking company, without undergoing an extensive background check.
Under the federal motor carrier safety regulations, thorough background checks are required to be performed. The trucking company which hires a driver is supposed to obtain detailed employment records and accident histories from previous employers. They are also supposed to gather comprehensive driving histories and insure that drivers are properly licensed, trained and medically fit to assume the position.
Why Hire a Personal Injury Attorney?
It is important for victims of a truck accident to understand that trucking companies will often do everything in their power to defend their drivers and the company against personal injury claims. Their goal is to protect their public image by deflecting the claims of violations in an attempt to pay their victims as little as possible. In fact, under the federal motor carrier regulations, trucking companies are allowed to destroy certain potentially relevant documents within just a few months of the accident. These documents can include the driver’s log sheets and the vehicle inspection reports. When you have an experienced personal injury attorney like Springer & Lyle on your side, you can level the playing field and know that you have representation that will preserve evidence and fight the trucking industry.
Truck Accident Liability
If you are involved in an accident, you will need to prove that the truck driver and/or any other parties, such as the trucking company, are responsible for your injuries. Trucking companies may be liable for your injuries through a theory known as vicarious liability, which means the employers are responsible for accidents their employed drivers get into during regular business. Proving liability often involves showing that the trucking company or the driver broke the law, which can determine negligence. One way to show that the truck company was negligent is to prove they negligently hired a bad driver. For example, if the driver who caused your injuries had several convictions for driving drunk, but the company hired the driver without doing a background check.
There is a variety of personal injury and negligence claims that may apply to your situation. The best way to determine what legal rights you have regarding your injuries is to consult with qualified personal injury attorneys like Springer & Lyle.