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The driver of the truck that rear-ended our family mini-van had a terrible driving record and a history of drug abuse. Can we sue the trucking company for hiring this guy?

 

A:

Possibly.  The company that hired the driver may be responsible under the theory of negligent entrustment or negligent supervision if they failed to properly screen the truck driver before the accident or if they failed to provide required training.  In addition, there may also be a claim for negligent maintenance where the truck company failed to ensure that the truck was properly maintained and serviced.


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