Negligent Hiring in the Trucking IndustryBy Stewart J. Guss on October 28th, 2016
Research published by the Federal Motor Carrier Safety Administration (FMCSA)1 indicates that the primary cause of commercial truck accidents is errors or wrongful acts on the part of the truck driver. While sometimes the driver’s negligence could not have been predicted, in other situations, the trucking company that employed the driver may have been aware of the risks of hiring that particular driver. If the company knew the driver was potentially dangerous and hired them anyway, the company may be held liable for negligent hiring if a collision and injuries resulted.
Hiring and retention of truck drivers can be negligent for many different reasons, some of which include:
- A driver did not have the proper commercial driver’s license (CDL)2 needed to drive that particular type of commercial vehicle.
- A driver has a history of reckless driving, drunk driving, or other dangerous acts on the road.
- A driver failed a drug or alcohol test and was still hired or allowed to continue driving.
- A driver did not pass a health examination or has developed a serious health condition that may lead to an emergency health event on the road.
- A driver has a pattern of past FMCSA violations or other illegal acts on the road.
- A driver has caused numerous accidents in the past.
If a trucking company knows a driver is risky and still hires or retains that driver, accident victims can file a cause of action against that company. Proving negligent hiring can be difficult, as it requires investigation into the driver’s history and into the records that the trucking company had available when they made the hiring or retention decision. You need a truck accident lawyer with the resources necessary to investigate your case and identify whether negligent hiring played a role.
Contact an Experienced Texas 18-wheeler Crash Attorney for a Free Consultation
Stewart J. Guss, Attorney At Law is a highly skilled Houston big rig crash lawyer who has successfully represented the rights of many different truck accident victims. Please call today at 800-898-4877 to discuss your claim.