Negligent Hiring and Supervision in the Trucking Industry

What is negligent hiring and will it affect my truck accident case?

Trucking companies may be held legally responsible for the harm caused by their truck drivers under the doctrine of respondeat superior.

However, there is another doctrine called “negligent hiring” that may also be used to hold trucking companies liable for the actions of their employees. What’s more, unlike the doctrine of respondeat superior, the doctrine of negligent hiring also applies when an employee intentionally harms someone.

Let’s take a closer look at negligent hiring as it relates to truck accidents.

What is negligent hiring?

Under the doctrine of negligent hiring, an employer can be held liable for the harm their employee inflicts on a third party if the employer knew or should have known that the employee posed a risk of inflicting the harm.

The doctrine of negligent hiring is most often used in cases where an employer hires an employee with a criminal record.

Let’s look at an example:

What is negligent retention?

A similar legal doctrine called “negligent retention” can be asserted when an employer retains an employee after learning that the employee poses a risk of inflicting harm.

Let’s look at an example:

Why file a negligent hiring or retention lawsuit?

Plaintiffs often file negligent hiring claims to get around the fact that an employer can’t be held liable for the intentional acts of their employees under the doctrine of respondeat superior.

What’s more, plaintiffs often file negligent hiring claims (in addition to negligence claims under the doctrine of respondeat superior) because it improves their chances of recovering punitive damages.

Consider the following example:

How do you prove negligent hiring?

The specific elements a plaintiff needs to prove to establish a negligent hiring claim vary by state. But generally speaking, the plaintiff must prove that:

• The employer knew or should have known that the employee’s conduct would subject third parties to an unreasonable risk of harm, and
• The plaintiff’s injuries resulted from the general typeof harm that was foreseeable.

There are numerous pieces of evidence that can be used to support a negligent hiring claim. A plaintiff’s attorney in a negligent hiring case will often:

• Request copies of convictions for all prior felonies, misdemeanors, or other crimes from the courts in the county where the truck driver resides
• Request copies of all incident reports, arrest records, charges, and other investigative documents  from the truck driver’s local police department
• Request prior safety violations under the Federal Motor Carrier Safety Regulations (FMCSA) from the appropriate compliance division
• Request the truck driver’s Motor Vehicle Record (MVR)
• Request the truck driver’s qualifications and personnel file from all prior employers listed on the driver’s applications
• Depose an employee of the trucking company to learn what type of background check they did or did not do

Do trucking companies have a legal obligation to conduct background checks?

Under the FMCSR, trucking companies are required by law to inspect a driver’s history. More specifically, trucking companies must:

• Request personal information from previous regulated employers for the preceding 3 years
• Obtain a motor vehicle record of the new applicant from every state they held a permit for the previous 3 years
• Review the drug testing history of the driver over the last 3 years
• Continue to inspect the driver’s motor vehicle record every year

If a truck company fails to adequately inspect a driver’s history, they may face federal penalties. In addition, the evidence can be used to support a negligent hiring claim.

Do I need a lawyer for my negligent hiring case?

Any time you suffer physical injuries in a truck accident, you should strongly consider hiring an attorney to ensure you get the past and future damages you deserve.

In a negligent hiring case, an attorney can issue subpoenas to collect documents related to the truck driver’s background and the trucking company’s internal hiring policies. The lawyer can also depose the trucking company and the truck driver to find out exactly what information was provided during the interview process.

Need legal advice? Consider using our free online directory to locate an attorney in your area.

Once you’ve found an attorney, take a look at the following resources to prepare for your initial consultation: