Trucking companies understand that their trucks can cause catastrophic damage in a collision and they owe a duty of care to take reasonable action to avoid harming others.
When companies hire inexperienced truck drivers or fail to properly train them, they are putting others at an unreasonable risk of harm.
If you have been injured in a truck accident, it is important to determine its cause and who is liable for your damages.
At Chris Corzo Injury Attorneys, our Baton Rouge truck accident lawyers carefully investigate every accident to determine all possible causes and liable parties to help ensure maximum client compensation.
We have been handling truck accident injury cases for decades, have recovered billions of dollars for our clients, and we want to help you recover every dollar you are owed.
Call (225) 999-1111 or visit our contact page to schedule a free consultation to discuss your case.
The Chris Corzo Injury Attorneys Advantage
- Our Christian values drive us to help injury victims recover maximum compensation for their damages.
- We have a deep understanding of truck accident injury litigation and the relevant state and federal laws.
- We treat every client with dignity and respect.
- We pay all costs of your case and you owe nothing until we win for you.
- Free consultations.
- Numerous multi-million dollar awards for truck accident injury victims.
Why You Need an Experienced Negligent Hiring and Training Attorney
- Truck accident injury cases are complex and often involve numerous parties, insurance companies, and defense attorneys.
- Truck accident injury litigation is expensive and most Baton Rouge personal injury lawyers will take your case on a contingency basis so you pay nothing until compensation is recovered.
- You need to discover and collect evidence such as the trucking company’s hiring, training, and supervisory policies to prove a negligent hiring and training claim. The trucking company’s attorneys will assert legal defenses to try and limit the amount of information they must give you. An experienced negligent hiring and training attorney will know the laws and procedures to combat the defense attorney’s objections and be much more likely to discover the vital evidence needed to support your case.
- Insurance companies and some defense attorneys may use unfair tactics to take advantage of injury victims to get you to accept a much lower settlement offer than you are entitled to.
- Your chances of recovering maximum compensation are much greater when you have an experienced truck accident injury attorney representing your interests.
What is a Negligent Hiring and Training Claim?
Until recently, an injured party in Louisiana could only file a claim against an employer for an employee’s actions under the theory of “vicarious liability.”
Under this theory, most courts held that an injured party could not bring a separate action against the employer for an employer’s independent negligence if the employer stipulated that the employee was in the course and scope of their employment.
This prevented an injured plaintiff from discovering information such as the employer’s internal hiring, training, and supervising policies. However, the Louisiana Supreme Court recently changed this.
In the case of Martin v. Thomas et al., 21-1490 (La. 12/21/21), 328 So.3d 1164, the Louisiana Supreme Court stated:
“(A) plaintiff may pursue both a negligence cause of action against an employee for which the employer is vicariously liable and a direct claim against the employer for its own negligence in hiring, supervision, training, and retention as well as a negligent entrustment claim, when the employer stipulates that the employee was in the course and scope of employment at the time of the injury.”
Employers can now be held liable not just vicariously for their employee’s negligence, but also for their own negligence in hiring and training their employees when the employee causes harm to another person that could have been prevented had the employer adequately screened and trained them.
If an employer knew or should have known that an employee posed a threat to others, the employer may be held responsible for injuries caused by that employee under the theory of negligent hiring.
Even if an employer did not initially know that an employee posed a threat, if they continue to employ an employee after learning of the danger they pose, the employer may be responsible for negligent retention.
However, an employer will not be negligent if they conducted a reasonable background check and the harm committed was not foreseeable based on anything found on the background check.
Likewise, before an employer puts an employee to work in a position where harm could occur, they must ensure the employee has been adequately trained for the job.
What Damages Can I Recover in A Negligent Hiring and Training Claim?
In most personal injury cases in Louisiana, you can recover economic and non-economic damages. In a very few situations set forth by specific statues, you may be awarded punitive damages.
Punitive damages are not intended to compensate the injury victim, but to punish the wrongdoer and deter similar behavior in the future.
Economic and non-economic damages are intended to compensate the injury victim for their losses.
Economic damages you may be able to recover include current and future medical expenses, current and future lost wages, property damages, and any other expenses incurred because of your injuries.
Non-economic damages include pain and suffering, emotional and mental distress, loss of enjoyment of life, and other intangible losses.
Schedule a Free Consultation With an Experienced Negligent Hiring and Training Attorney
If you have been injured in an accident caused by the fault of another party, you may be entitled to recover compensation for your damages.
If the at-fault party is an employee working within the scope of their employment, their employer may also be responsible for the employee’s negligence. Additionally, the employer may be held liable for their own negligence in hiring, training, and supervising their employee.
Defense attorneys will fight hard to avoid an employer being found negligent for their own actions or inactions in hiring and training an employee.
You need an experienced negligent hiring and training attorney to help you discover the evidence needed to support your claims and hold all at-fault parties responsible for your damages.
Our Louisiana truck accident lawyers at Chris Corzo Injury Attorneys, we know how to thoroughly investigate your accident to determine all possible causes and potentially liable parties, including negligent employers.
We have recovered billions of dollars for our clients and we want to help you get the justice and compensation you deserve.
Call (225) 999-1111 or complete the short form on our contact page to schedule a free consultation to discuss your case.