Content reviewed by:
Alex Shulman
Trucking companies can be sued for bad hiring if they hire an unqualified driver who then causes accidents.
Companies are legally required to screen applicants and check their qualifications. If they fail to do so and an unqualified driver causes injuries, the company can be liable.
If you’ve been injured in a truck accident and suspect the driver was unqualified to be hired, you need to speak to a New York City truck accident lawyer about your case. A lawyer can help you sue the company to recover your medical bills, lost work income, and more.
What Is Negligent Hiring for Trucking Companies?
Trucking companies are legally obligated to vet their drivers and ensure that they are not a public safety risk. This includes performing background checks and determining whether the driver holds a valid commercial driver’s license.
Trucking companies are negligent when they fail to properly assess and evaluate driver qualifications and conduct. Negligence in recruitment practices runs the risk of hiring unqualified drivers who are much more likely to cause severe injuries and death.
Examples of Negligent Hiring
Below are some of the most prevalent types of negligent hiring and why they’re problematic.
Skipping Background Checks
Trucking companies need to perform background checks to check for bad driving or criminal records. For example, drivers with a history of DUI convictions or a record of causing crashes should not be considered for employment.
Some trucking companies may still hire a driver even after a background check shows concerning issues.
Not Checking for Certifications
Trucking companies must also check that all drivers hold the proper certifications to be a truck driver.
Important qualifications include:
- Commercial driver’s license (CDL). Truck drivers must hold a valid state-issued CDL for the type of truck they’re driving (Class C, Class B, or Class A).
- DOT Medical Examiner’s Certificate. A medical certificate from a Department of Transportation examiner shows that the driver meets the physical requirements for driving a commercial vehicle.
- Endorsements. Truck drivers need specific license endorsements and extra training to transport things like hazardous materials or oversized loads.
Failing to Properly Train Employees
Trucking companies must abide by federal regulations, but each one has its own procedures and internal regulations. Trucking companies are expected to train drivers and offer sufficient guidance on internal procedures.
If a truck driver causes injuries because they weren’t taught proper procedures, the company can be liable for negligence.
Proving Negligent Hiring on the Part of Trucking Companies
To prove negligence in hiring, you must show that the trucking company knew or should have known that the driver in question was unfit for duty. Even if the trucking company didn’t actually know about the disqualifying factors, it can be liable for failing to perform due diligence and not checking.
Documents or information that can prove the trucking company was negligent might include:
- Truck driver records that show past violations and misconduct
- Information regarding driver training and certification
- CDL certifications (or lack thereof)
- Copy of trucking company hiring policies and training procedures
- Eyewitness testimony concerning the hiring of unqualified drivers
Compensation You Can Recover in a Negligent Hiring Truck Accident Lawsuit
A negligent hiring lawsuit can compensate you for the losses that were caused by the truck accident.
This means that the trucking company can be responsible for paying for your:
- Medical bills and future medical expenses
- Income you lost due to being absent from work
- Reductions in your lifetime earning potential
- Pain and suffering, mental anguish, and emotional distress
Trucking Companies May Face Additional Punishment
Trucking companies that make egregious violations or act with wanton disregard for safety can face additional punishments. A court may order them to pay victims additional punitive damages to punish violations and deter future misconduct.
Companies can also face fines and additional sanctions that can impact business operations.
How Long Do I Have to Sue a Truck Company for Negligent Hiring in New York?
New York’s statute of limitations on personal injury claims generally gives you three years from the accident date to sue for injuries due to negligence. Once three years have passed from the accident date, you’ll lose your right to sue for financial compensation.
Three years sounds like a long time, but you shouldn’t delay getting started. Trucking companies may try to destroy or eliminate records of negligent drivers, even though they’re legally required to keep those records. A lawyer can preserve company records and pursue a speedy resolution to your case.
Contact a Truck Accident Lawyer Today
Do you have any more questions about suing a trucking company for negligent hiring? If so, contact Shulman & Hill Injury Lawyers today to speak to a New York City truck accident lawyer.
Consultations are free, and we are available 24/7, so feel free to call whenever is convenient for you. Let us help you determine whether the trucking company of the driver who injured you can be sued for bad hiring.