What is negligent hiring in trucking?

A negligent-hiring theory generally alleges that a carrier failed to use reasonable care in selecting a driver and that the failure contributed to the crash or harm. Whether the theory is available and supported depends on the evidence and governing law.

Trucking Company Negligent Hiring Lawyer Oklahoma | Driver Screening Failures

Case overview

What to decide first

Consider the harm, the parties involved, the available evidence, and whether an attorney review may help.

Case focus

Catastrophic Trucking Litigation

Federal rules generally require covered motor carriers to maintain driver-qualification and screening records. After a serious crash, evidence that a carrier overlooked material safety information may become relevant to an independent negligence claim.

Evidence to preserve

Available employment or safety records were not reviewed.

The carrier had information about prior license or serious driving issues that may have affected fitness.

Attorney review

Request Attorney Review

Use the case-review form or call (405) 759-0515 to share the basic facts.

Start review

Send the key facts for attorney review.

If this involves death, catastrophic injury, a commercial defendant, or evidence that may need preservation, jump to the case-review form or call the firm.

Request Attorney Review Call (405) 759-0515

FMCSA Driver Qualification Requirements

Part 391 generally requires covered motor carriers to maintain driver-qualification records. Depending on the driver, carrier, and applicable exceptions, those records may address:

Employment application and driving-employment history
Prior-employer safety inquiries
Motor-vehicle records and periodic review
Road-test or equivalent qualification documents
Medical qualification documents
Required drug-and-alcohol program checks

If a screening failure is tied to the crash, the records may support an independent-negligence theory in addition to any claim based on the driver's conduct. The available claims depend on the facts and governing law.

Records That May Support a Negligent-Hiring Claim

Driver Qualification File: Discovery may seek the applicable DQ records and compare them with the requirements in effect. Missing records may bear on whether required screening occurred.
Previous Employer Inquiries: Did the carrier contact prior employers, and what safety information was available?
MVR / Driving Record: Did the carrier review the records required for the driver, and did those records contain material safety information?
Clearinghouse Records: Was a required FMCSA Drug and Alcohol Clearinghouse query completed, and did available information affect the hiring decision?

Evidence PreservationDriver-qualification and employment records may require early preservation. The hiring record can help show what information was available to the carrier before the crash.