Negligent Hiring of Houston Truck Drivers

Negligent Hiring of Houston Truck Drivers

Key Takeaways

  • Negligent hiring occurs when trucking companies ignore red flags in a driver’s history or fail to conduct proper background checks.
  • Common red flags include past DUIs, reckless driving, at-fault crashes, CDL suspensions, regulatory violations, and lacking proper endorsements.
  • Driver shortages can lead companies to cut corners, increasing the risk of hiring unsafe or unqualified drivers.
  • A valid CDL and required endorsements are essential to ensure drivers have proper training to operate large commercial vehicles safely.
  • FMCSA rules require companies to review driving records, employment history, medical certifications, and conduct drug/alcohol testing.
  • Evidence of negligent hiring can strengthen a truck accident claim by providing additional grounds for holding the company liable.
  • The Callahan Law Firm helps injured victims pursue compensation when a trucking company’s negligent hiring contributes to a crash.

In some truck accident cases, it becomes apparent that the trucker’s record contained numerous red flags indicating a significant risk of future accidents, such as prior at-fault crashes or multiple convictions for traffic offenses.

When a trucking company disregards red flags in a trucker’s driving history or failed to perform a reasonable background check during the hiring process, the company could bear responsibility for a truck accident under the legal theory of negligent hiring.

If you suffered injuries in a Houston truck accident, contact the team at The Callahan Law Firm today or call us anytime at (713) 589-7767 to arrange a free initial consultation to discuss your legal options. Our office is conveniently located at 440 Louisiana St #2050, Houston, TX. Visit us! We take your injury personally.

What Is Negligent Hiring?

A trucking company engages in negligent hiring when it overlooks facts in a truck driver’s records that indicate that the driver poses an unreasonable risk of causing a future accident.

A few examples of potential red flags include:

  • Past intoxicated or reckless driving offenses
  • Prior at-fault accidents
  • Violations of traffic laws or trucking industry regulations

Another type of negligent hiring involves failing to conduct an adequate investigation into a prospective truck driver’s history, including performing a background check, obtaining the applicant’s driving record, or checking with previous companies for whom the person has operated a commercial motor vehicle.

The Dangers of Negligent Hiring in the Trucking Industry

In recent years, the trucking industry has faced a shortage of qualified truck drivers. Since many trucking companies struggle to hire enough truck drivers to meet their workload, some companies cut corners when hiring drivers, including overlooking red flags in applicants’ driving records, employment history, or criminal records, or by failing to conduct thorough background checks on prospective drivers.

Companies that skip reviewing drivers’ records or ignore red flags can end up hiring truck drivers who pose an unreasonable risk of causing an accident while driving for the company.

Negligent hiring by trucking companies also occurs when companies hire drivers who lack the required licenses for their work or who have a history of accidents, regulatory violations, or traffic violations that indicate they lack the skills or experience necessary to operate commercial trucks safely.

Why a Commercial Driver’s License Matters

Truck drivers must have a commercial driver’s license (CDL) to operate a commercial vehicle with a gross vehicle weight rating of 26,001 pounds (inclusive of any towed units weighing more than 10,000 pounds) or more, or that carries hazardous materials requiring a placard. CDLs help ensure that truck drivers have undergone basic training to enable them to operate large commercial vehicles safely.

The weight and size of commercial trucks make them handle differently from personal passenger vehicles. For example, trucks have longer braking distances, accelerate more slowly, are more prone to tipping over, and have a wider turning radius.

Consequently, people who want to become truck drivers typically attend special driving schools that train them how to operate large trucks. The application process for a CDL will assess a driver’s knowledge of laws and regulations applicable to commercial vehicles, as well as their skills in operating a commercial vehicle.

Complying with Federal Motor Carrier Safety Regulations

The Federal Motor Carrier Safety Administration (FMCSA) establishes requirements for truck drivers who wish to operate commercial trucks in interstate commerce or to haul hazardous cargo. Under FMCSA regulations, some of the requirements and conditions that trucking companies must follow when hiring truckers include:

  • Conducting a background check, which should include the trucker’s driving record, employment records, and, if applicable, criminal records
  • Reviewing the trucker’s driving record, ensuring that the driver has a valid CDL and necessary endorsements, and reviewing their history of traffic infractions, accidents, and arrests
  • Checking the driver’s medical certifications (if required) or evaluating the details of any medical waivers the driver has
  • Conducting pre-employment drug and alcohol testing

Common Red Flags: When Trucking Companies Ignore the Warning Signs

Some of the top warning signs that indicate that a truck driver poses a significant accident risk behind the wheel of a commercial truck include:

  • A lack of a CDL or relevant endorsements (for example, N tanker endorsement or T double/triple trailer endorsement)
  • Past driver’s license or CDL suspensions
  • A history of multiple truck accidents, especially at-fault crashes
  • Numerous traffic infractions and citations, including for speeding, running red lights or stop signs, or failure to yield
  • Prior intoxicated or reckless driving arrests or convictions
  • Previous terminations from other truck driving jobs for disciplinary infractions or regulatory violations (for example, violating hours-of-service regulations, failing to keep driver’s logs, improper loading and securing of cargo)

If a trucking company learns of these issues in a prospective trucker’s driving or employment record or ignores evidence that would lead a reasonable company to investigate the driver’s history further, and that driver causes a crash due to their careless or reckless driving, the company could be liable for negligent hiring.

How Negligent Hiring Impacts Truck Accident Claims in Texas

In a truck accident case, evidence of a trucking company’s negligent hiring could give you an alternate path to pursue compensation for your injuries and losses. When a truck driver is an employee of a trucking company, the trucking company can be held vicariously liable for the negligence of its driver that causes an accident. In other words, the trucking company can be held responsible for the negligent acts of its employee driver.

In addition, the FMCS creates what is known as a “statutory employee” relationship between a truck driver and trucking company. The effect is that an interstate motor carrier (trucking company) can be held liable for the negligence of a truck driver regardless of whether the driver is a formal employee of the trucking company, or if the truck driver is an independent contractor driving a company truck. As a result, not only is it possible for a trucking company to be responsible for a driver it doesn’t employ, that company can be held responsible for the devastation that can happen because of a driver they selected or allowed to operate one of its trucks

Contact The Callahan Law Firm for Help After a Truck Accident

If you have suffered injuries in a truck crash caused by a commercial motor vehicle driver’s negligence, you could have the right to hold the trucking company directly liable for the accident.

At The Callahan Law Firm, we have fought tirelessly for individuals and families in personal injury claims for over 30 years. We purposefully limit the number of cases we take so we can provide the people we represent with the time, attention, and resources they deserve. From the time we are hired, our legal team begins work to prepare each case as if it will go to trial. And that is because we understand that our clients have one chance to get justice, and our goal is to get full justice for the people we represent

Contact The Callahan Law Firm today or anytime at (713) 589-7767 for a free, no-obligation consultation with a Houston truck accident attorney to learn more about your options for pursuing liability claims against trucking companies for negligent hiring.