Can Trucking Companies Be Liable for Negligent Hiring?

Trucking companies are expected to practice sound judgment when hiring drivers. These commercial drivers may operate vehicles weighing up to 80,000 pounds. They have an essential responsibility to drive safely and in accordance with the law. The Federal Motor Carrier Safety Administration (FMCSA) requires interstate commercial trucking companies to meet specific hiring and employee retention standards. As we know from experience, companies sometimes relax these standards and hire drivers unfit for the job. Negligent hiring practices may lead to truck accidents.

Are Trucking Companies Required to Perform Background Checks?

Depending on the circumstances, companies may be required to obtain specific information from applicants' prior employers. This means employers review driver qualification files, which contain detailed information about applicants' histories. For example, a driver qualification file may include the following:

• Prior and current driver’s licenses

• Applications for employment

• Information on prior work experience at other companies

• License suspensions

• An annual list of violations and review of driving records

• Medical examination certificates

These are only a few examples. Driver qualification files contain extensive information. Furthermore, federal regulations require driver qualification files to be updated annually. The information found within changes each year.FMCSA regulations require companies to ask prior employers whether drivers have a history of safety problems or substance abuse. They must also conduct pre-employment drug tests. Finally, trucking companies must provide new hires with a DOT (Department of Transportation) medical examination, as certain health conditions are automatic disqualifiers.

Why Do Companies Hire or Retain Unsafe Truck Drivers?

Conducting background checks is a time-consuming and sometimes expensive process. Trucking companies with relaxed hiring standards generally aim to cut operating costs. Although negligent hiring standards may be more common with smaller trucking companies, it affects the entire trucking industry. There are certain conditions under which drivers are disqualified from being hired. For example, companies cannot hire truckers with suspended licenses or with recent histories of drug and alcohol abuse. They are forbidden from hiring drivers who have recently tested positive for drugs. Companies may also have their own policies that disqualify applicants. These same conditions apply when businesses retain truckers. When trucking companies knowingly hire drivers with poor safety records or those who are not qualified to drive, they may face negligent hiring and retention claims when those drivers cause truck accidents. The same may also be true when companies ignore their own hiring policies or retain unsafe drivers. Depending on the circumstances, injured motorists could bring negligent hiring and retention claims against these companies. The Texas truck accident attorneys at Mike Love & Associates, LLC can help victims of truck crashes and their families hold negligent commercial carriers accountable.