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Negligent Retention

What is Negligent Retention in a Truck Wreck Case?

The negligent retention cause of action in a truck wreck case is a legal claim that can be brought against a trucking company or other employer when they retain an employee who is known to be incompetent or unfit, and that employee subsequently causes an accident. In the context of a truck wreck case, this can include a claim that the trucking company knew or should have known that the driver was not qualified or safe to operate a commercial truck yet allowed them to continue working.

To prove negligent retention, the plaintiff (usually the injured party or their representative) must show that the defendant (the trucking company or employer) knew or should have known that the driver posed a risk of harm to others yet continued to employ them. This can include knowledge of the driver's prior accidents, violations, or other incidents that suggest they are not fit to operate a commercial truck.

If the plaintiff can demonstrate that the defendant's negligence in retaining the driver led to the accident, they may be able to recover damages for their injuries, such as medical expenses, lost wages, pain and suffering, and other related losses.

It is important for trucking companies and employers to properly evaluate and screen their employees to ensure they are qualified and fit for the job. By doing so, they can help prevent accidents caused by incompetent or unfit employees and avoid potential liability for negligent retention.

Negligent retention is a breach of an employer's duty to be aware of an employee's unfitness and to take corrective action through coaching, reassignment, or termination. A driver violates his driving log but the company continues to retain him and he gets into an accident.

Why Hire a Truck Accident Attorney in Colorado?

Simply put, hiring an experienced truck accident attorney after your accident gives you the best possible chance of ending up with a good outcome in a very bad situation. Numerous parties may be liable for your injuries, and an experienced attorney from Hagen Nares PLLC will be able to identify those parties and determine how best to pursue compensation. The introduction of these other parties, as well as the complicated web of statutes and regulations, means that pursuing a claim requires a special level of expertise.


Contact a Truck Accident Attorney in Colorado Today

At Hagen Nares PLLC, we have successfully represented clients who were involved in a trucking accident. We understand the laws established by the State of Colorado as well as federal law and will make sure that each party who is liable is held accountable. You don't have to face this alone–call 720-772-8513 today to schedule Free Consultation.

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