TRUCK DRIVER CANNOT READ OR SPEAK ENGLISH: IS THIS NEGLIGENT HIRING?December 15, 2016
In Texas, employers can be negligent if they hire someone who is not competent to perform the job they for which they were hired. An employer cannot just hire anyone – especially in the context of truck driving. There are certain rules and regulations the truck driver must be aware of and be able to follow, and if he cannot follow them he is not fit for the job. So, is it negligent hiring if a trucking company hires a driver who cannot read or speak English?
Federal law requires truck drivers to be able to read and speak English sufficiently. The driver must be able to converse with the general public, read, and understand traffic signs, respond to official inquiries, and make entries on records all in English. If the driver cannot sufficiently read and speak English, he shall not drive a commercial motor vehicle and a motor carrier shall not permit him to driver.
There are three main elements in a negligent hiring case: breach, duty, and causation. The first two elements are easily met when a company hires a driver that cannot read or speak English. The third element of negligence in hiring requires that the employer’s failure to investigate, screen, or supervise its employees caused the injuries the plaintiffs allege.
To impose liability for negligent hiring, there must be evidence that the plaintiff’s injuries were brought about by reason of the employment of the incompetent driver. To prove negligent in hiring, you must show that the driver’s inability to speak or read English was a direct cause of the wreck. For example, if a truck driver fails to yield at a yield sign because he is unable to read the sign, then the company can be liable for negligent hiring. As another example, if the driver had been able to read and understand English, then he old have been able to read, understand, and periodically review the rules that he broke which caused the wreck.
If you or a loved have been involved in a truck wreck and has suffered injuries as a result of the negligence of another person, please contact us immediately. The attorneys at the Amaro Law Firm have successfully handled many complex truck wreck cases. Our attorneys have vast experience uncovering negligent hiring and have held trucking companies liable for negligently hiring drivers who cannot speak or read English. Contact us today for a free consultation.