Employers are responsible for adequately supervising their employees. Trucking companies are engaged in a business that presents a risk of harm to their drivers as well as others on the road. For this reason, Illinois law provides that trucking companies may be at fault for injuries caused by their employee truck drivers. Negligent supervision is a theory of law that offers a way for people injured in a truck accident to pursue compensation for their harm. The Chicago truck accident attorneys at Katz, Friedman, Eisenstein, Johnson, Bareck & Bertuca negotiate and litigate for clients throughout the state, and we have successfully secured monetary damages for people hurt by the negligent conduct of truck drivers and their employers.Trucking Companies May be Liable for Negligent Supervision
Truck accident victims can face devastating harm in a collision, and they often require lifelong medical care for physical injuries or disabilities. Trucking companies must meet their duty to ensure that drivers are safe on the road. This duty extends to meeting all federal and state regulations, such as truck maintenance and hours of service laws. When people hurt in a truck collision file a personal injury claim for negligence, the theory of negligent supervision may apply in certain cases.
Negligent supervision may apply in a truck accident legal claim when the trucking company, as an employer, knew or should have known that an employee was unfit or incompetent, and therefore they should not have been operating a truck. Injured individuals can bring a claim directly against the trucking company when the evidence shows that the trucking company failed to train or supervise its drivers. Other examples of negligent supervision include failing to conduct background checks on employees or carelessly continuing the employment of a driver when there is a strong known reason for termination.
To demonstrate negligent supervision, the plaintiff in a truck accident claim must show that their injuries were caused by a careless driver and that the employer trucking company knew or had reason to know that the employee was unfit. Additionally, the victim must show that the employer failed to adequately supervise the employee truck driver and that this led to the accident and the resulting injuries. The significance of a negligent supervision legal theory, as compared to vicarious liability, for example, is that the trucking company is directly responsible for the resulting losses.
The negligence of a trucking company in supervising a truck driver may take different forms. Some trucking companies do not adequately check the driving record of employees, even if a driver has accumulated moving violations. Other conduct that may result in liability includes failing to abide by safety laws in order to meet deadlines. Accident victims asserting a negligent supervision claim may benefit from investigating the employer’s work culture and assessing the priorities of the company. For example, a company that is routinely relaxed with driving-hour regulations in order to increase profits may ignore the hazards posed by fatigued drivers.Consult a Chicago Lawyer Regarding the Details of Your Truck Crash Case
When trucking companies negligently supervise their drivers, they may be held legally responsible for harm caused in a crash. Proving that a trucking company knew of a truck driver’s incompetence can prove challenging for accident victims, but the skilled motor vehicle collision lawyers at Katz, Friedman, Eisenstein, Johnson, Bareck & Bertuca understand Illinois and federal trucking laws, and we bring decades of experience to our representation of victims. We understand the financial strain that accompanies a truck accident, and as a result, we can set forth the full impact upon a victim's financial resources, which may include medical bills in the future and potential lost earning capacity. To better understand your legal rights, call our office at (800) 444-1525 or complete our online form to schedule a free appointment. Our Chicago attorneys have helped truck accident victims in Champaign, Aurora, Springfield, and Quincy, as well as other communities in Cook, Sangamon, Kane, Adams, Champaign, and Winnebago Counties.