Let’s talk a little more specifically about instances where the trucking company can actually be held responsible for hiring or that is, I should say, negligent hiring an incompetent driver. If the truck driver actually fails to meet the requirements of the federal regulations then the trucking company can be held responsible under a very, of either, negligent hiring of that truck driver or they’ve retained that driver after discovering that the truck diver does not meet those qualifications.
Many times, the liability of a company as far as negligent hiring of its driver will result because the driver has actually had many, many previous accidents or they have had many, many previous traffic citations but they still meet the requirements of the federal regulations. Just because of that, that is, that they still meet the requirements of the federal regulations, if the company has not disciplined that truck driver properly, the trucking company can be and will be held responsible, most likely in a jury trial for its failure to properly discipline the driver.
Sometimes, believe it or not, truckers actually file false trucking applications. In such an instance, if the trucking company has not done its due diligence and obtained from the state agencies that driver’s past record, that is the driver’s past criminal record with regard to traffic violations. Then if an accident ensues, the trucking company will be held liable for any damages.
There are also instances where a trucking company has failed to terminate a driver after discovering that the driver is clearly incompetent, has had too many prior accidents, or has had too many traffic violations. In some, the trucking company actually has, according to the federal regulations, an affirmative duty to investigate, that is, to do a proper background check on any of the driver set that hires. The purpose, of course, behind that regulation is to ensure that the public is not unnecessarily exposed to any unsafe truck drivers.
If you have any questions, whatsoever, about whether the company actually was negligent in the hiring of its truck driver, please feel free to contact my office at 770-792-1000.