Brad Pistotnik Law
Abogado El Toro

How do I find a truck accident lawyer who knows how to bring a claim for negligent retention or negligent supervision?

How do I find a truck accident lawyer who knows how to bring a claim for negligent retention or negligent supervision?

The answer is simple. You hire The Bull Attorneys. ® You hire Brad Pistotnik Law. ® You get highly qualified and experienced trial attorneys who understand trucking law and how to get evidence about a bad truck driver’s misconduct into evidence. In Kansas, an employer is liable for the negligent or reckless actions and omissions of the truck driver when there is a foreseeable risk that their truck driver will cause harm to another person or cause death and wrongful death to a motorist in a car wreck. It is not necessary that the precise nature of the injury alleged by the plaintiff be completely foreseen by the employer. When the risk exists because of the quality of the bad truck driver employee then there is liability to the trucking company for the harm caused by the low quality of the bad truck driver. Kansas State Bank & Trust Co. v. Specialized Transportation Servs., 249 Kan. 348, Syl. 1, 819 P.2d 587 (1991).249 Kan. 348, Syl. 1, 819 P.2d 587 (1991).

The Department of Transportation and the Federal Highway Administration and the Office of Motor Carriers know that hiring truck drivers that are not highly trained and experienced or qualified leads to wrongful death and injury to people. There is a publication and bulletin that is put out by the government which is called “On Guard” which explains that the trucking company employer should ensure that the driver is properly trained to operate that particular trucking company’s type of freight. A CDL does not mean that the driver is qualified or trained. When a trucking company keeps a bad truck driver who has committed other regulatory violations of the FMCSR and the CSA BASICs, the motor carrier that keeps the bad truck driver is negligently retaining that bad truck driver and can be sued for negligent retention.

Most trucking industry publications indicate that the turnover rate for truck drivers in the average trucking company is close to 150%. This means that the average trucking company is replacing half of their truck driver fleet every year with a new drivers who are untrained. That is why it is so important that they set up a long orientation process with videotapes and defensive driving information from publications like the Smith system. They have to train truck drivers with accident avoidance techniques, defensive driving techniques and hazard perception techniques or they have bad truck drivers. No one wants bad truck drivers on the road. No one wants a bad truck driver to kill their loved one. Bad truck drivers should not be allowed to drive on the nation’s highways and should be removed immediately from operating on the nation’s highways. The only way to get rid of bad truck drivers is to hire a truck accident attorneys and truck accident lawyers who study and know the regulatory system of safety to keep the trucking companies straight and honest.

Hire the Bull Attorneys. ® Our lawyers and attorneys are truck accident attorneys that understand the FMCSR and are truck accident lawyers that understand the CSA BASICs and how to prove negligent supervision and negligent retention. Call us at 800-WIN-BULL or at 620-THE-BULL or at 800-241-BRAD. You can call truck accident attorney Brad Pistotnik on his cell phone any time at 316-706-5020 even at night and on the weekends and holidays. Brad is awake he answers his cell phone 7 days a week. Our regular phone line is 316-684-4400. You can call truck accident lawyer Tony Atterbury at 316-617-9237. He answers the phone 24/7. When you need a free consultation call The Bull Attorneys ® to help you with your wrongful death and truck accident injury claims.

Bradley A. Pistotnik © 2020