When trucking companies put dangerous drivers behind the wheel of 80,000-pound vehicles, innocent people pay the price. Negligent hiring claims hold motor carriers accountable for failing to properly screen drivers before trusting them with commercial vehicles.
At Phillips Law Offices, we investigate trucking company hiring practices to prove when carriers knew—or should have known—that their drivers posed a danger to the public.
What Is Negligent Hiring?
Negligent hiring occurs when an employer fails to exercise reasonable care in selecting employees, and that failure results in harm to others. In trucking cases, this means the carrier:
- Failed to properly investigate a driver’s background before hiring
- Ignored red flags that should have disqualified the driver
- Allowed an unqualified or dangerous driver to operate commercial vehicles
- Put profits ahead of public safety in hiring decisions
This is a form of direct negligence by the trucking company—separate from and in addition to the driver’s own negligence in causing the crash.
Federal Driver Qualification Requirements
The Federal Motor Carrier Safety Administration (FMCSA) establishes minimum requirements for commercial driver hiring under 49 CFR Part 391. Motor carriers must:
Verify Driver Qualifications
- Confirm the driver is at least 21 years old for interstate driving
- Verify the driver holds a valid Commercial Driver’s License (CDL) with appropriate endorsements
- Confirm the driver can read and speak English sufficiently to communicate with officials and understand signs
- Ensure the driver is physically qualified under FMCSA medical standards
Obtain Driver History
Carriers must obtain a driver’s employment history for the preceding three years, including:
- Names and addresses of previous employers
- Dates of employment
- Reasons for leaving each position
- Whether the driver was subject to FMCSA regulations
- Whether the driver was terminated for cause
Check Driving Records
Motor carriers must obtain the driver’s motor vehicle record (MVR) from each state where the driver held a license in the past three years. They must also query the FMCSA’s Drug and Alcohol Clearinghouse.
Conduct Drug and Alcohol Testing
Pre-employment drug testing is mandatory. Carriers must also verify that previous employers conducted required testing and check for any positive results or refusals.
The Driver Qualification File
FMCSA regulations require carriers to maintain a Driver Qualification (DQ) File for each driver. This file must contain:
- Employment application with full work history
- Inquiries to previous employers and their responses
- Motor vehicle records from relevant states
- Medical examiner’s certificate
- Road test certification or equivalent
- Annual review of driving record
- Drug and alcohol testing records
In truck accident litigation, the DQ file often reveals whether the carrier followed proper hiring procedures—or cut corners that endangered the public.
Red Flags That Should Disqualify Drivers
Certain warning signs should prevent carriers from hiring drivers:
Poor Driving History
- Multiple speeding tickets
- At-fault accidents
- Reckless or aggressive driving citations
- CDL suspensions or revocations
- Following too closely violations
Substance Abuse Issues
- Previous positive drug tests
- DUI/DWI convictions
- Failed to complete return-to-duty requirements
- Refusal to submit to required testing
Criminal History
- Convictions for violent crimes
- History of drug trafficking
- Theft or fraud convictions
- Crimes involving motor vehicles
Employment Problems
- Termination for safety violations
- Falsifying driving logs
- Failure to follow company safety policies
- Gaps in employment history that can’t be explained
Common Negligent Hiring Failures
In our investigation of truck accident cases, we frequently discover that carriers:
- Failed to contact previous employers – Simply didn’t make required inquiries
- Didn’t obtain MVRs – Hired drivers without checking their driving history
- Ignored disqualifying information – Hired drivers despite red flags
- Falsified DQ files – Created paperwork after-the-fact to appear compliant
- Skipped pre-employment drug tests – Hired drivers before test results returned
- Didn’t query the Clearinghouse – Failed to check for previous drug/alcohol violations
Why Carriers Hire Unqualified Drivers
The trucking industry faces chronic driver shortages, creating pressure to fill seats quickly. Some carriers prioritize getting trucks on the road over proper vetting:
- Driver shortage creates desperation to hire anyone with a CDL
- Proper screening takes time that delays putting trucks in service
- Background checks cost money that cuts into profits
- High turnover rates make thorough hiring seem impractical
- Brokers and shippers demand loads be covered immediately
None of these excuses justify putting dangerous drivers on public roads.
Proving Negligent Hiring in Court
Establishing a negligent hiring claim requires showing:
- The carrier had a duty to exercise reasonable care in hiring drivers
- The carrier breached that duty by failing to properly investigate the driver
- The driver had a dangerous history that a proper investigation would have revealed
- The carrier would not have hired the driver if it had conducted proper screening
- The driver’s dangerous propensities contributed to causing the accident
- You suffered damages as a result of the crash
Key evidence includes the driver’s complete DQ file, prior employment records, MVRs from all relevant states, and the carrier’s hiring policies and practices.
Negligent Retention: Keeping Bad Drivers
Related to negligent hiring is negligent retention—keeping drivers on the payroll despite evidence they’re dangerous. Carriers have ongoing duties to:
- Monitor driver safety performance
- Conduct annual MVR reviews
- Investigate accidents and safety incidents
- Respond to customer complaints about driver conduct
- Remove drivers who demonstrate unsafe behavior
When carriers ignore warning signs after hiring, they can be held liable for negligent retention.
Damages in Negligent Hiring Cases
Negligent hiring claims can significantly increase compensation because they:
- Establish the carrier’s direct fault beyond respondeat superior liability
- Support claims for punitive damages when the carrier knowingly hired a dangerous driver
- Demonstrate corporate disregard for public safety
- May pierce liability-limiting corporate structures
Contact Phillips Law Offices for Negligent Hiring Investigation
If you’ve been injured by a truck driver with a dangerous history, the trucking company may share direct responsibility for your injuries. At Phillips Law Offices, we know how to investigate carrier hiring practices and prove when dangerous drivers should never have been on the road.
Contact us today for a free consultation. We’ll obtain the driver’s qualification file, investigate the carrier’s hiring practices, and fight to hold negligent companies fully accountable.
