Tips for Proving Negligent Hiring in a Truck Accident Case

Truck accidents are rarely just about driver error; they often reveal systemic problems in a trucking company’s hiring and oversight practices. One important legal concept at work in these types of cases is negligent hiring, or the failure on a company’s part to adequately vet or evaluate a driver before allowing them on the road.

If a victim can show that negligent hiring occurred, it can greatly bolster their case, but it requires an in-depth investigation with strong evidence.

Below are tips for proving negligent hiring in a truck accident case:

1.   Obtain The Driver’s Employment Application

The driver’s employment application is one of the first documents to review when investigating negligent hiring. This form usually contains the driver’s work history, qualifications and disclosures regarding past incidents.

A review makes it possible to find inconsistences, omissions or lies the employer has missed or disregarded.

If an employer failed to check the information provided, it could reflect a lack of effort on its part to do due diligence before hiring.

2.   Request The Driver’s Personnel File

A driver’s personnel file can show the extent to which the trucking company screened and supervised the employee. This file typically contains records of training, performance reviews, disciplinary actions, and certifications.

Documentation gaps or omissions indicate that the employer failed to follow proper hiring or supervision protocols.

And if there had been past complaints or warnings in the file, that could help establish that the company was aware — or should have been — of the potential risks posed by the driver.

3.   Review Background Check Records

Comprehensive background checks are a key component of responsible recruitment for trucking industry drivers, where safety is held to a high standard.

These records can indicate whether the company conducted appropriate screenings before hiring the driver. This may include conducting a thorough background check on the candidate, which generally consists of checking for criminal history and verifying previous employment as well as references.

If a background check was skipped, done quickly, or not completed, it could be compelling evidence of negligence.

Far more serious is when a company hires the driver despite red flags that should have disqualified them from being on the road.

4.   Check The Driver’s Driving History (MVR)

Motor Vehicle Record (MVR) is defined as a record that captures an individual’s driving conduct while driving. The record gives information such as any traffic accidents, suspensions of license, and violations.

If one did not investigate the driver’s MVR, this would demonstrate that there had been negligent hiring.

5.   Look For Prior DUI Or Reckless Driving Convictions

Examples of serious unsafe behavior include a conviction for driving under the influence (DUI) or reckless driving. Such violations indicate a lack of respect for traffic regulations and a potential threat to societal safety, both of which are vital considerations when evaluating applicants.

If a trucking company knowingly employed — or failed to discover that it had hired someone with such a history, then questions must be raised about their hiring practices. Evidence of past convictions can be a powerful piece of evidence in support of an argument that the employer acted unreasonably.

Key Takeaways

To prove the case of negligent hiring after an accident with the truck, it is important to examine all relevant documents and determine appropriate hiring procedures. Revealing the missing signs and problems with the hiring process will help build a strong case and receive compensation.

These are the important points to note:

• It is important always to get the driver’s employment application.
• The entire personnel file should be requested and analyzed to find out how the driver has been screened.
• Background check documents should also be examined.
• The driver’s MVR record should be checked for any previous crashes, violations, or suspensions.
• Find out if the driver had any DUI or reckless driving incidents.