When a collision happens between a trucking company and a passenger car, the injuries to the victims in the car often are horrific because of the size disparity between the 80,000 pound truck and 3- 4,000 pound car. Frequently, the fault lies with the driver of the truck who turned in front of the car or could not stop in time because of traveling at high speeds or due to distracted driving. However, the trucking company who put this driver on the road might share some of the blame.
The Miami truck accident lawyers of Greenberg Stone and Urbano understand that the trucking companies needed to take affirmative steps to protect everyone who shares the road with their rigs. When the these trucking operators fail to take reasonable actions, the trucking companies may be responsible for the harm that you or a loved one suffered in the collision with their trucks. Our law firm will work to hold all responsible parties accountable for your or your loved one’s injuries.
There is a shortage of skilled, qualified commercial truck drivers in most of the country.. This has led trucking companies to take certain short-cuts when hiring and retaining their drivers. However, if the company did not take basic steps to find skilled, responsible drivers for their large trucks then they may be liable for the harm that those drivers caused through negligence.
A trucking company should do the following five things when hiring drivers, at a minimum:
1. Collect a comprehensive file on the driver – This means collecting enough information to get a complete picture of what the driver has done before walking in the door looking for a job. Skills and training should match the job requirements. It is important to add the information from the background check to this file and a failure to do so may indicate a failure to conduct a thorough review. The mandated medical certificate, attesting to the health of the driver, is an absolute requirement as is a review of their “log book.”.
2. Ask for explanations for any employment gaps – Often, it is what is not in the file that contains the critical information. Was that six-month gap caused by the driver attending an alcohol rehabilitation program? Not asking the tough questions can have devastating consequences.
3. Retain a qualified company to perform background checks – The information that comes from these searches is only as good as the person conducting the inquiry. A trucking company that hires a company because it is cheap may be responsible for the fact that it missed an aggressive driving charge in the driver’s history.
4. Check references – Just because the driver provides them does not mean they have good things to say about the person’s work history. A trucking company should go beyond the listed references and speak to others who have knowledge of the driver’s skills.
5. Perform regular drug testing – It is important to follow through on any policies to test for illegal substances in order to maximize the deterrent effect of the testing policy.
Many times a trucking company will take a barely-qualified driver or overlook a possible red flag in order to get its trucks on the road to earn money. When these decisions lead to harm, the trucking company must be held liable.
South Florida Truck Accident Attorneys Dedicated to Getting You Justice
The damage caused by a collision between a truck and a car is horrific. With more than three decades of experience fighting for victims of these serious accidents, the attorneys at the Miami firm of Greenberg Stone and Urbano understand that you need the damages recovery to pay for emergency medical care and ongoing treatment and rehabilitation, along with covering bills that are mounting because you know longer can work. Our firm is proudly affiliated with APITLA, (Association of Plaintiff Interstate Trucking Lawyer’s of America). One of our partners sits on the Florida advisory board. Truck crashes need to be handled by someone experienced in handling trucking cases. The applicable standards are very different from a car on car crash. To get the highest money value, no step should be left unturned. Aside from proving fault, your lawyers need to be well versed in medicine, vocational rehabilitation, and economics and should have the skills and resources to try these major cases.
In addition, we know that family members may have had to give up careers to provide the constant care that a person injured in a truck accident often needs. With more than 100 years of collective legal experience, we will fight hard to get you the compensation that you deserve. Our commitment to our clients has earned us an “AV” rating from Martindale Hubbell, a membership with Primerus (an international society of leading law firms), and, the title of “Superlawyers.” In addition, the Miami Herald has voted us one of South Florida’s top firms. In order to schedule a time to tell us what happened to you, please call us at (888) 499-9700 or (305) 595-2400 or visit our website.