Truck accidents often result in catastrophic injuries for victims and substantial financial hardships for their families. These cases can also require an extensive investigation into the trucking company’s hiring, training, and supervision practices. It can be overwhelming to face a case like this alone.
If negligent hiring practices are a factor in your truck crash case in St. Louis, Missouri, contact the Roach Law Car Accident Lawyers at (636) 519-0085. You can schedule a free case review with a St. Louis truck accident lawyer to learn more about our services and your right to compensation.
Our team has over 30 years of combined experience handling accident claims. Our St. Louis personal injury attorneys have secured hundreds of millions of dollars in jury verdicts and settlements for our clients. Contact us today for a free consultation.
How Roach Law Car Accident Lawyers Can Help After a Truck Accident in St. Louis
Legal representation by experienced St. Louis truck accident attorneys is crucial for navigating the complex issues involved in negligent-hiring claims. These issues tend to include allegations of comparative fault, preserving key evidence, and establishing employer liability beyond driver negligence.
When you hire our St. Louis personal injury lawyers, you can trust that our legal team will:
- Thoroughly investigate the cause of the crash to determine every factor that contributed to it
- Identify all parties who may be liable for your damages
- Diligently gather and pursue evidence that supports and strengthens your case, including working with the best experts in their fields
- Aggressively negotiate settlements that represent the total value of your damages
- Prepare your case for trial and go to court if a settlement is not possible
Call Roach Law Car Accident Lawyers today for a free case evaluation. Let us help you get started on the path to recovery in St. Louis, MO.
What Federal and State-Specific Rules Are Relevant to Negligent Hiring Truck Accident Cases?
Trucking companies are generally required to follow the regulations of the Federal Motor Carrier Safety Administration (FMCSA). Missouri also has state-specific rules for commercial motor vehicles.
These regulations include driver background checks, drug screenings, licensing verification, and ongoing training to ensure the safe operation of commercial vehicles. Employers are also responsible for maintaining a safe fleet and ensuring that drivers are fit to operate large trucks safely.
Failure to adhere to these regulations may constitute negligence and support claims of negligent hiring or retention.
Examples of Negligent Hiring in St. Louis Truck Accident Cases
A trucking company may be guilty of negligent hiring if it:
- Fails to conduct appropriate background checks when hiring truck drivers
- Ignores red flags, such as reckless driving or a substance abuse history
- Provides insufficient training to truck drivers
- Fails to verify a truck driver’s required qualifications and required licensure
- Fails to conduct drug and alcohol tests for new hires
- Ignores a driver’s medical records that indicate an issue with physical fitness to operate a truck
If a driver causes an accident and the employer is negligent in the hiring process, the company may be held liable for negligently hiring or retaining an employee who is unsafe.
What Is the McHaffie Rule, and Why Does It Matter in a St. Louis Truck Accident Case?
In McHaffie v. Bunch, the Missouri Supreme Court ruled that plaintiffs may not be able to bring negligent hiring or supervision claims against a company if the company was vicariously liable for its employee at the time of the crash. In short, the McHaffie Rule can protect trucking companies from some negligent hiring claims.
Employers can be held responsible for their employees’ actions through vicarious liability if the employee was acting within the scope of their employment at the time of the accident. If a trucking company admits that its trucker was acting within the scope of employment at the time of a crash, the McHaffie Rule may prevent additional claims of negligent hiring or supervision.
There may be narrow exceptions. Examples of exceptions might include cases where the theory of liability does not rely on the employee’s negligence or where comparative fault exists between the employer and employee. Given the complex nature of this rule, it is a good idea to consult a lawyer after a truck crash in Missouri.
What Damages Are Available for Victims of a Negligent Hiring Truck Accident in St. Louis, MO?
Many truck accidents result in catastrophic injuries, including spinal cord damage, traumatic brain injuries, amputations, and death. A claim for negligent hiring in a truck accident case can result in economic and non-economic damages.
Damages may include, but are not limited to:
- Medical expenses and rehabilitative care
- Mental anguish and emotional distress
- Out-of-pocket expenses
- Permanent impairments, scarring, disfigurement, and disability
- Lost wages, employment benefits, and earning capacity
- Pain and suffering
- Diminished quality of life and loss of enjoyment of life
- Long-term nursing and/or personal care
The amount you receive for a negligent hiring truck accident depends on many factors.
Schedule a Free Consultation with a St. Louis Negligent Hiring Truck Accident Attorney
Because truck accident claims involve complex legal issues, including vicarious liability and the McHaffie Rule, it is crucial to seek experienced legal counsel as soon as possible. If you have been hurt in one of these crashes, we are here to help. Call Roach Law Car Accident Lawyers to schedule a free case review with an experienced St. Louis truck accident attorney.