The federal government requires all commercial truck drivers to hold a proper license and certification to drive. Trucking companies are responsible for vetting their drivers and ensuring they are qualified to operate commercial vehicles. If a trucking company negligently employs an incompetent or unqualified driver and the driver causes injuries, the victim might be able to sue the trucking company for negligent hiring practices.
If you have sustained injuries in a truck accident and suspect negligent hiring was involved, consider meeting with an attorney to discuss your options for recovering financial compensation and holding negligent trucking companies accountable for irresponsible hiring and training practices.
How Negligent Hiring Creates Liability in Truck Crashes
The typical semi-truck weighs tens of thousands of pounds, so companies must ensure their drivers can responsibly operate their vehicles. When trucking companies forsake that duty and skirt federal hiring requirements, they can be liable for any harm the unqualified driver causes.
For instance, imagine that a trucking company fails to run a background check and hires a driver without a valid commercial driver’s license. If the driver caused an accident, the trucking company could be liable for negligent hiring practices. The company should have known the driver was unqualified but neglected its duty to ensure driver credentials.
More specifically, a trucking company can be guilty of negligent hiring if:
- An employee is unqualified to operate a commercial vehicle
- The trucking company either knew or should have known the employee was unqualified
- The employee causes injuries
Unlike vicarious liability, under which a trucking company is responsible for the negligence of its drivers, negligent hiring is a form of wrongdoing on the part of the company itself. Negligent retention is a related issue wherein a trucking company becomes aware that an employed driver is a risk but takes no steps to remedy the issue. In both cases, the employer violates their legal duty to ensure driver qualifications and reduce the risk of injury.
Federal Hiring Standards for Trucking Companies
The Federal Motor Carrier Safety Administration (FMCSA) regulates truck driver hiring standards across the country and requires all trucking companies to keep records of driver qualifications. 49 CFR 391.11 requires that all truck drivers:
- Be at least 21 years old
- Read and speak English proficiently enough to communicate and create reports
- Be physically able to operate a truck
- Hold a valid commercial driver’s license (CDL) in at least one state
- Pass a driver’s road test or have certification of passing an equivalent road test
Additionally, 49 CFR 391.15 lists criteria that can disqualify a driver from operating a commercial motor vehicle. These disqualifications include:
- Driving a commercial vehicle under the influence of alcohol or drugs
- Refusing to undergo drug and alcohol testing
- Conviction of transporting controlled substances
- Violations of texting while driving
- Fleeing the scene of a commercial motor vehicle accident
- Committing a felony with a commercial vehicle
Checking for operator credentials is costly and time-consuming. For this reason, some companies skirt regulations and utilize unqualified drivers. If a driver causes an accident and it’s discovered that the employer violated one or more federal hiring regulations, the victim may be able to sue the trucking company for negligent hiring practices.
Presumption Against Negligence in Negligent Hiring Cases in Florida
Negligent hiring cases in Florida can be more difficult to pursue than in other states because employers have special statutory protections. Fla. Stat. 768.096 establishes that employers have a legal presumption against negligence in hiring if they conduct a background check. As long as the background check did not reveal information reasonably demonstrating the applicant’s unsuitability, the case will start from the assumption that the employer was not negligent in hiring.
This presumption is rebuttable, so it is not a total liability shield. However, it is difficult to demonstrate in court that the background check was not sufficient to prove that no negligence occurred. This difficulty underscores the importance of working with an experienced and qualified personal injury attorney. With the right evidence, they can argue the trucking company did not meet the presumption of non-negligence in hiring.
Evidence to Prove Negligent Hiring in Florida
An attorney can rely on several types of evidence to prove a specific trucking company is guilty of negligent hiring practices:
- Conviction records for former disqualifying offenses
- Copies of past investigative reports, charges, and arrest records
- Prior FMCSA safety and hiring violations
- The truck driver’s individual motor vehicle record (MVR)
- Depositions from staff about which hiring practices were performed
- Records of mandatory drug and alcohol testing
Trucking companies must keep detailed records of all hiring and retention practices, and failing to keep records is itself a violation. A key step in negligent hiring lawsuits is preserving and gaining access to these records to look for violations. If necessary, an attorney can subpoena a company to obtain relevant documents relating to employer hiring and training practices.
Compensation Available in Negligent Hiring Truck Accident Claims
Accident victims can pursue the negligent trucking company for compensation for their injury-related losses, including:
- Emergency medical bills and continuing medical expenses (e.g., prescriptions, rehabilitative treatment)
- Lost employment compensation (e.g., hourly pay/salary, bonuses, tips, commission)
- Diminished lifetime earning capacity due to disability
- Out-of-pocket injury expenses
- Pain and suffering
- Scarring and disfigurement
- Property damage
In addition to compensatory damages, an attorney may be able to secure punitive damages. Victims can receive punitive damages in personal injury cases if the offender was guilty of gross negligence or intentional misconduct. Punitive damages in negligent hiring cases are rare but not unheard of.
Contact a Truck Accident Lawyer in Florida Today
Florida’s legal landscape makes negligent hiring lawsuits difficult but not impossible. By working with an attorney, you can maximize your likelihood of making a successful claim and recovering your losses with a financial settlement or verdict. If you have further questions about employer liability in truck accidents or FMCSA hiring violations, contact Jurewitz Law Group Injury & Accident Lawyers or reach out at (619) 233-5020 today for a free consultation call with a Florida truck accident attorney.
