What It Means
After a truck wreck, attention usually turns to the driver. But the company that put that driver, or that trucking company, on the road may share the blame. A trucking company may have engaged in negligent hiring if it:
- Did not run sufficient background checks or drug tests.
- Did not require physical exams.
- Knew the driver tended toward unsafe or reckless behavior.
- Did not contact the driver’s references about past work behavior.
Federal rules set minimum screening steps. Under 49 CFR 391.23, a motor carrier must request each new driver’s motor vehicle record covering the prior three years and investigate the driver’s safety performance history with DOT-regulated employers during the preceding three years. Under 49 CFR 391.51, the carrier must keep a driver qualification file, including the employment application, driving records, and the medical examiner’s certificate.
Why It Matters in a Truck Accident Case
A negligent hiring claim can hold a company responsible for its own careless choices, not just the driver’s mistakes. Driver shortages and short-term profit motives have led some companies to loosen their standards, and a missing record or skipped background check can become key evidence.
These claims can also reach freight brokers. In one case Morgan Adams handled, a court rejected a large freight broker’s argument that federal preemption barred a negligent hiring claim over the carrier it hired.
