Truck Crashes and Negligent Hiring Practices: Holding Employers Accountable

Although trucking companies must adhere to strict federal hiring practices, they often disregard the rules, resulting in devastating truck crashes caused by drivers unfit for duty. In such a situation, the employer of a negligent truck driver could be liable for injuries and other crash-related losses.

At the law firm of Craig, Kelley & Faultless LLC, our experienced truck accident lawyers thoroughly investigate commercial motor vehicle crashes to determine what role a trucking company’s negligent employment practices played in causing a crash. We are ready to review the facts in your case and explain your options for pursuing compensation.

The initial claim review and consultation are free, confidential, and come without further obligations on your part. Contact us now to find out how our truck accident attorneys can help you pursue truck accident claims for negligent hiring, negligent supervision, negligent training, or other forms of employer negligence.

Understanding Negligent Hiring in the Trucking Industry 

When a trucking company fails to thoroughly screen potential drivers before hiring them, it could be liable for negligent hiring practices if the driver later causes a crash.

Trucking companies have a legal duty to employ competent and qualified truck drivers to operate commercial motor vehicles. When employers breach this duty, they can be liable for the harm their drivers cause. A crash victim injured by an unqualified trucker may be entitled to take legal action against the driver and the trucking company.

How Are Trucking Companies Negligent When Hiring Truck Drivers?

The Federal Motor Carrier Safety Administration (FMCSA) regulates the trucking industry, including hiring practices. According to the FMCSA, to qualify to operate a commercial motor vehicle (CMV), a driver must:

• Be at least 21
• Read and speak English sufficiently to communicate with the general public, understand highway traffic signs and signals, respond to official inquiries, and make entries on reports and records
• Be able to safely operate the type of CMV they drive
• Be physically qualified to drive a CMV
• Have a valid commercial motor vehicle operator’s license
• Have completed a driver’s road test and been issued a certificate of driver’s road test
• Be able to determine whether the cargo they are transporting in their CMV has been adequately distributed and secured and be familiar with methods and procedures for securing cargo

How Negligent Employment Practices Contribute to Truck Accidents

When a trucking company hires a truck driver who does not meet the qualifications required by the FMCSA, the trucking company is putting other motorists and road users at risk. 

Negligent employment practices by trucking companies can result in unqualified, incompetent, and dangerous truck drivers on the road, increasing the chances of devastating accidents. For instance, a company that hires a driver who does not know how to adequately secure the cargo on their truck could be liable for a commercial truck accident resulting from an overloaded truck or cargo that spills onto the road.

Common Negligent Hiring Practices in Trucking

Some of the most frequent negligent hiring practices that result in truck accidents include: 

• Insufficient Background Checks – A trucking company that fails to check driving or criminal records in every state where a candidate holds a license could miss issues such as previous crashes, citations, or license revocations.
• Lack of Driver Training and Supervision – Trucking companies must ensure their truck drivers are trained to safely operate their CMVs and determine when cargo is secured correctly. Trucking companies must carefully monitor truck drivers to ensure they do not violate hours of service (HOS) or other federal and state regulations.
• Negligent Retention of Problematic Drivers – Drivers who operate their vehicles under the influence of alcohol or drugs, disobey traffic laws, or otherwise drive recklessly must face appropriate consequences, which might include being fired. A trucking company that negligently retains a dangerous truck driver could be liable if the driver causes an accident.

What Laws Do Trucking Companies Have to Follow When Hiring Drivers? 

Trucking companies must follow federal and state laws when hiring truck drivers. Under FMCSA regulations, all trucking companies must maintain a “qualification file” for each employed driver. Typically, a truck driver qualification file should include the following documents:

• The truck driver’s completed application for employment
• A copy of the motor vehicle record from the truck driver’s licensing authority
• The certificate of driver’s road test issued to the truck driver
• A note relating to the annual review of the truck driver’s driving record
• The medical examiner’s certificate indicating the truck driver passed the mandatory medical examination
• A Skill Performance Evaluation Certificate issued by the FMCSA

A trucking company must investigate, document, and retain a truck driver’s previous employment safety performance history for three years immediately before the driver joins a new employer. The investigation may consist of personal interviews, telephone interviews, letters, or any other method the employer deems appropriate. 

Trucking companies must make a written record concerning each previous employer contacted or good faith efforts to do so. A trucking company should retain a truck driver’s qualification file for the length of the driver’s employment and three years after that.

Consequences for Negligent Employers After Truck Crashes

When a trucking company’s negligent hiring or retention practices result in a crash, the company can face various consequences. For instance, an injury victim might file a personal injury lawsuit against the trucking company based on the legal theory of vicarious liability. Vicarious liability means an employer can be legally responsible for its employees’ actions. That requires the injury victim to prove the trucking company was negligent in hiring the driver who caused the accident.

Other consequences for negligent employers after truck crashes include penalties for violating FMCSA regulations, increased insurance rates, and loss of business for the trucking company.

Get Help from Our Truck Accident Attorneys

Did you suffer injuries in a truck crash and believe that negligent hiring practices could be to blame? If so, you need help from the dedicated lawyers at Craig, Kelley & Faultless LLC.

Our experienced legal team has the resources and skills to fully investigate the truck accident and gather crucial evidence to prove the trucking company’s negligence. We can help you pursue the compensation you deserve for your medical bills, lost wages, pain, suffering, and other crash-related losses. For over 30 years, injury victims have trusted our firm to provide compassionate service and aggressive representation. We want to do the same for you.

Contact us now to speak to an experienced truck accident attorney during a free initial consultation.