Negligent Hiring & Retention In Commercial Motor Vehicle Accidents

Most of the time, an employer cannot be held liable for the negligence of their employees, unless the employee is acting within the scope of their employment (and there are specific criteria that must be met in order to say an employee is acting in that capacity). If, however, an employee can be shown to have acted intentionally, this is a different situation for both them and their employer, and it may be possible to hold both them and their employer liable for what you have experienced.

A Rebuttable Presumption Exists

The theory of negligent hiring, sometimes referred to as negligent retention, happens when a company hires a person that it either knew or should have known was unfit for the job – that is, someone who might be likely to cause harm to someone else in that situation. For example, if a person with multiple DUIs and points on their license is hired to drive a commercial motor vehicle (CMV), the vehicle’s owner might face a case of negligent hiring if an accident occurs.

It is worth noting that in Florida, a presumption against negligent hiring exists in law – it states that if the employer conducted a background check of sufficient diligence, which did not unearth any evidence that a reasonable person would take as proof of unfitness to do the job, they are presumed not to have been negligent. However, the law does lay out the specific criteria that a background check must meet in order to have been sufficient for these purposes.

Is Conduct Within The Scope Of Employment?

Even if you are unsure if the theory of negligent hiring applies in your case, the question of whether the CMV driver was acting within the scope of their employment is very relevant. In order to establish this, it must be shown that the conduct in question occurred within “authorized time and space limits,” and is performed at least partly to further the business of the employer. If the conduct fits these criteria, then general negligence may apply; if the driver’s conduct was reckless or intentional, negligent hiring may become more of an issue.

If you have been through an accident involving a commercial motor vehicle, it can be difficult to know how to proceed, particularly since many commercial transportation companies have the proverbial deep pockets. However, it is generally worth seeking damages if you suspect that the accident would not have happened without the negligence of the driver and their employer. The right attorney on your side can make the process easier.

Contact A Tampa Commercial Motor Vehicle Accident Attorney

Experiencing a commercial motor vehicle accident attorney can be a life-changing event, but knowing that a catastrophic accident occurred because of another person’s negligence can be too much for any one person to handle. A Tampa truck accident attorney from the Rinaldo Law Group can help you determine the best path for you and your family, and work hard to get you the compensation you deserve. Contact our office today for a free consultation.

Source:

leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&URL=0700-0799/0768/Sections/0768.096.html