Can a Trucking Company Be Liable for Negligent Hiring?

Trucking companies have a responsibility to put qualified, safe drivers behind the wheel. When a company fails to properly investigate a driver before hiring them, that decision can put everyone on the road at risk.

In Wisconsin, a trucking company may be held responsible for negligent hiring if it failed to use reasonable care when hiring a driver, and that failure contributed to the conduct that caused a crash. This is a claim based on the trucking company’s own negligence, separate from the driver’s negligence.

That can mean the truck driver isn’t the only party responsible for a serious crash. Depending on what happened, the trucking company may also be liable for the harm the accident caused.

For help determining if you have a trucking company negligent hiring claim, contact a Wisconsin truck accident lawyer for a FREE case evaluation.

What Does Negligent Hiring Mean?

Negligent hiring generally means an employer failed to use reasonable care when deciding whether someone was qualified and safe to hire for a particular job.

That can be especially important in the trucking industry. Commercial truck drivers operate large vehicles for long hours and at high speeds. Trucking companies can’t put just anyone behind the wheel.

Federal regulations require motor carriers to investigate the drivers they hire (49 C.F.R. § 391.23). This includes obtaining driving records and investigating a driver’s safety performance history with previous employers.

A negligent hiring claim focuses on what the trucking company did, or failed to do, before hiring the driver.

What Are Some Examples of Negligent Hiring by a Trucking Company?

Potential examples could include a trucking company:

• Failing to properly review a driver’s motor vehicle record
• Ignoring a history of serious crashes or unsafe driving
• Failing to investigate required safety information from previous employers
• Hiring a driver who wasn’t properly qualified to operate the vehicle
• Overlooking information showing that the driver may pose a safety risk

Federal rules generally require motor carriers to investigate a driver’s safety performance history with DOT-regulated employers for the previous 3 years. They must also obtain motor vehicle records from states where the driver held a license during the applicable period.

A violation of a regulation doesn’t automatically establish liability. But the company’s hiring practices and compliance with safety requirements could be important evidence after a crash.

When Can a Trucking Company Be Liable for Negligent Hiring in Wisconsin?

Wisconsin courts recognize negligent hiring, training, and supervision claims against employers (Miller v. Wal-Mart Stores, Inc.). 

To establish liability, there must be a connection between

• The employer’s negligence
• The employee’s wrongful conduct
• The resulting injury

For example, imagine a trucking company hires a driver without properly investigating their history of dangerous driving. If that driver later causes a crash through similar unsafe behavior, the company’s hiring decision could come into question.

Simply discovering a problem in the hiring process isn’t enough, though. The evidence has to connect the trucking company’s negligence to the conduct that caused the accident and injuries.

How Do You Prove a Trucking Company Was Negligent in Hiring a Driver?

You may not know whether negligent hiring played a role in the truck accident immediately. Much of the evidence needed to determine that might be in the trucking company’s possession.

An investigation might look into the following:

• The driver’s employment application
• Motor vehicle & driving records
• Previous employment & safety records
• The driver’s qualifications & licensing
• The company’s hiring policies & procedures
• Records showing what background checks the company performed
• Information about previous crashes or serious safety violations

Motor carriers are required to maintain driver qualification files, including employment applications, driving records, and records related to required safety investigations (49 C.F.R. § 391.51). A Wisconsin truck accident attorney can obtain and review these records and determine whether the trucking company’s hiring practices played a role in the crash.

What To Do if You Suspect Negligent Hiring Caused the Accident

After a serious truck accident, your focus needs to be on yourself and getting the help you need to heal. Questions about who was responsible can wait for the moment.

For now, you can help protect yourself by:

• Getting the medical treatment you need
• Keeping records related to the crash & your injuries
• Saving photos, videos, insurance information & other evidence
• Avoiding assumptions about who may ultimately be responsible
• Talking with a lawyer before accepting a settlement or signing anything that could threaten your claim

Speak With a Wisconsin Truck Accident Lawyer for FREE

If you were seriously injured in a crash with a commercial truck, finding out what caused the accident is a critical part of determining who may be responsible. A dedicated Wisconsin truck accident lawyer can investigate, determine whether negligent hiring or another form of negligence may have contributed, explain your options, and support you throughout the process of seeking just compensation.

At Studinski Law, LLC, we do more, so you get more. We have the resources, the determination, the experience, and the belief that “good” is never good enough. Contact us today online or call (715) 343-2850 to schedule a FREE case evaluation. We proudly serve all of Wisconsin, including Plover, Marshfield, Stevens Point, and other areas.