When trucking companies assign commercial vehicles to unqualified or reckless drivers, they risk everyone on the road. Negligent entrustment occurs when an employer knowingly allows a driver with a history of unsafe practices or inadequate experience to operate a truck. This failure to prioritize safety often results in preventable accidents with devastating consequences. A Prince George’s County truck accident attorney can help uncover evidence of negligent entrustment and pursue claims against irresponsible employers.
Foran & Foran understands the broader issues at play in these cases, which often involve poor hiring practices or a lack of supervision. Trucking companies have a duty to vet drivers carefully and monitor their conduct to prevent harm. Contact us today to discuss your case and explore your legal options with a dedicated team that fights for accountability and fair compensation.
Examples of Negligent EntrustmentNegligent entrustment arises when a trucking company allows an unqualified or unsafe driver to operate a commercial vehicle, despite clear indications of risk. Common examples include:
Hiring a driver with a history of reckless behavior: Employing a driver with prior accidents, speeding tickets, or other traffic violations.
Ignoring red flags during background checks: Failing to review a driver’s record for DUIs, license suspensions, or other disqualifying incidents.
Permitting unlicensed or improperly trained drivers to operate trucks: Assigning vehicles to individuals who lack the necessary skills or certifications.
Allowing fatigued or overworked drivers to continue operating: Turning a blind eye to violations of hours-of-service regulations or signs of extreme fatigue.
Under Maryland law, employers may be held liable if it can be shown that they knew or should have known the driver posed a danger to others. A Prince George’s County truck accident lawyer can investigate these situations and hold companies accountable for their negligent decisions, ensuring justice for those affected.
Are Truck Drivers Independent Contractors?A key issue in negligent entrustment cases is determining whether the truck driver was classified as independent contractors or employees. Many trucking companies attempt to label drivers as independent contractors to avoid liability for their actions. However, the nature of the working relationship often reveals whether the company exercised control over the driver’s activities, including training, scheduling, and vehicle maintenance.
In Maryland, courts consider factors such as the company’s role in assigning loads, setting delivery schedules, and overseeing safety compliance. If the company maintained significant control over the driver’s work, it may still be liable for negligent entrustment even if the driver was technically classified as an independent contractor. A Prince George’s County truck accident attorney can evaluate these factors to determine the company’s level of responsibility.
Defenses Trucking Companies Might UseTrucking companies facing negligent entrustment claims often employ several defenses to reduce their liability. One common tactic is a denial of knowledge, where the company argues that it was unaware of the driver’s dangerous tendencies or unfitness to operate a commercial vehicle. Another frequently used defense involves claiming the driver was an independent contractor, not an employee, to distance the company from responsibility. Employers may also assert compliance with regulations, arguing that the driver met all licensing and training requirements under Maryland and federal law, thereby shifting the blame entirely to the driver. Additionally, some companies may rely on comparative negligence, suggesting that the victim’s actions contributed to the accident and attempting to reduce or eliminate their share of liability. An experienced Prince George’s County truck accident lawyer will anticipate these defenses and gather evidence to counter them effectively. For cases involving tractor trailer accidents or fatal truck accidents, it is critical to demonstrate the company’s role in enabling unsafe practices, ensuring that all negligent parties are held accountable.
How to Prove Negligent EntrustmentProving negligent entrustment requires thoroughly examining evidence to establish that the trucking company knowingly entrusted a dangerous driver with a vehicle. Critical steps include:
Driver Background Checks: Review the driver’s record for prior violations, crashes, or signs of unfitness.
Employment Policies: Examining the company’s hiring practices, training programs, and safety protocols.
Accident Investigation: Analyzing the crash circumstances to determine whether driver behavior, such as fatigue or reckless driving, contributed to the collision.
Company Knowledge: Gathering evidence that the employer was aware of the driver’s history or failed to conduct adequate background checks.
These elements help establish a direct link between the trucking company’s negligence and the victim’s injuries.
Why Negligent Entrustment MattersNegligent entrustment claims go beyond holding drivers accountable—they target systemic failures within the trucking industry that endanger the public. In 2022, large trucks were involved in 5,936 fatal crashes, with 70% of fatalities being occupants of other vehicles. Many of these accidents could have been prevented if trucking companies had implemented stricter hiring and training standards.
Holding companies liable for negligent entrustment provides justice for victims and incentivizes better safety practices across the industry. Addressing these systemic issues can help reduce the number of preventable truck accidents in Maryland.
The Role of an Attorney in Negligent Entrustment CasesNegligent entrustment cases often involve challenging legal and factual issues, making experienced legal representation essential. A Prince George’s County truck accident attorney can uncover the evidence needed to prove liability, such as hiring records, internal policies, and driver logs. These cases often intersect with other claims, such as inadequate training or negligent supervision, requiring a comprehensive approach to litigation.
By pursuing a negligent entrustment claim, you seek compensation for your injuries and contribute to safer roads for everyone. Holding companies accountable encourages industry-wide improvements, reducing the likelihood of future accidents caused by unsafe drivers.
Were You Injured Due to the Negligent Entrustment of a Trucking Company?When trucking companies hire or entrust vehicles to unqualified drivers, they put everyone on the road at risk. If negligent entrustment caused your injuries, the skilled attorneys at Foran & Foran, P.A. will fight to hold the company accountable. As trusted Prince George’s County truck accident lawyers, the firm will thoroughly investigate your claim and pursue fair compensation for your losses. Their contingent fee policy ensures you owe nothing unless you win. Contact them at 301-441-2022 or through the secure online contact form to begin your case.