Sunday, June 27, 2010

NEGLIGENT HIRING WILL GET COMPANIES SUED

People often will say something akin to “I might get hit by a bus tomorrow,” when referring to the fragility of life and the unknown moment when death may strike. For a number of Denver area families, that saying recently became all too much of a reality.

In April 2010, at least four people were killed and many more injured in accidents involving Regional Transportation District (RTD) buses.

Fatalities included:

  • A 42-year old man on a bicycle who was struck by an RTD bus as it turned left into an intersection.
  • A man and woman, 28 and 29 years old, who were hit by an RTD bus when it ran a red light. A dozen other people were also injured in this accident.
  • A 78-year old man who was hit by an RTD bus and left in the gutter. He later died from his injuries. The driver was unaware he had hit anyone and continued driving for at least two more miles.

Charges in the cases include careless driving resulting in death, a class one misdemeanor traffic offense.

Concerned, the bus company has mandated that all drivers, including private contractors, are to take a refresher training course.

That is good, but is that enough? The families of the victims additionally may be able to file for wrongful death lawsuits if the drivers were found to have been reckless, careless, negligent, or if inadequate supervision contributed to the deaths. Negligent hiring may even be a consideration. For instance, the bus driver who hit and killed the bicyclist had prior convictions for driving while impaired and for sidesweeping another bicyclist.

In Colorado, an employer will be found liable for negligent hiring if it:

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