Negligent Hiring and Training by Trucking Companies
Trucking companies must check that drivers are qualified, medically fit and safe before letting them drive, and keep a driver qualification file proving it. A carrier that hires, trains or keeps a driver it knew or should have known was unsafe can be directly liable for negligent hiring, training or supervision.
What must carriers check before hiring a driver?
All of this belongs in the driver qualification file (49 CFR 391.51).
- A valid CDL and a road test or equivalent (49 CFR 391.31).
- A current DOT medical certificate (49 CFR 391.41).
- Safety performance history from employers in the previous 3 years (49 CFR 391.23).
- Driving records, reviewed at least once a year (49 CFR 391.25).
- Drug and Alcohol Clearinghouse queries (49 CFR Part 382).
Why does negligent hiring matter if the carrier is already liable?
Carriers are usually liable for their employees' driving anyway. A negligent hiring or supervision claim adds direct fault on the company, which can support punitive damages in some states, and it matters when the driver is classed as an independent contractor.
What evidence supports a negligent hiring claim?
The driver qualification file, prior crashes and violations, gaps in the file, training records, and the carrier's safety ratings and roadside inspection history published by FMCSA.
Frequently asked questions
What is a driver qualification file?
A file carriers must keep for each driver, including their application, driving record, road test, medical certificate and previous employer safety history (49 CFR 391.51).
Can a trucking company be sued for hiring a bad driver?
Yes. If the company knew or should have known the driver was unsafe, it can be directly liable for negligent hiring, retention, training or supervision.
How do I find a trucking company's safety record?
FMCSA publishes carriers' registration details, inspection results and crash data through its SAFER and SMS systems, searchable by USDOT number.
Does it matter if the driver was an independent contractor?
It can. Negligent hiring and selection claims, together with federal leasing rules, help hold the carrier responsible even when it says the driver was a contractor.
What training must truck drivers have?
New CDL applicants must complete entry-level driver training from a registered provider before certain skills tests, and carriers must make sure drivers can operate their vehicles safely.