Negligent Selection and Hiring

Accomplished Prince George’s County Attorneys Addressing Crashes Caused by Faulty Hiring Practices

Trucking companies must thoroughly vet drivers before putting them behind the wheel of massive commercial vehicles. However, some companies prioritize profits over safety, failing to conduct background checks or ignoring red flags like past traffic violations or substance abuse. These negligent hiring practices significantly increase the likelihood of serious or fatal truck accidents. A Prince George’s County truck accident lawyer can hold employers accountable for their role in such preventable tragedies.

At Foran & Foran, we take a meticulous approach to investigating these cases. Whether your crash resulted from poor hiring decisions, inadequate training, or negligent supervision, we uncover the full scope of employer liability. Contact us today for compassionate representation that seeks to deliver justice while promoting safer hiring practices in the trucking industry.

What Qualifications Are Required to Be Hired as a Truck Driver?

Truck drivers must meet strict qualifications to operate commercial vehicles safely. The Federal Motor Carrier Safety Administration (FMCSA) sets minimum requirements for obtaining a Commercial Driver’s License (CDL), which include passing a written knowledge exam and a skills test. Drivers must also meet specific medical standards, proving they are physically capable of handling the job demands. Additional endorsements may be required for specialized cargo, such as hazardous materials or oversized loads.

Trucking companies are responsible for verifying that applicants meet these qualifications before hiring them. This includes conducting background checks, reviewing driving histories, and ensuring the driver has completed Entry-Level Driver Training (ELDT) as mandated by federal regulations. A Prince George’s County truck accident lawyer can investigate whether a company overlooked these critical requirements, leading to unqualified drivers being put on the road.

What Happens if a Driver Lies About Their Qualifications?

Applicants may attempt to hide disqualifying information during the hiring process, such as a history of traffic violations, DUI convictions, or license suspensions. While drivers are responsible for providing accurate information, trucking companies must verify these claims.

Employers should conduct thorough background checks, which include reviewing driving records through the FMCSA’s Commercial Driver’s License Information System (CDLIS) and contacting previous employers to confirm work history and safety performance. Companies that fail to perform these checks can be held liable for accidents caused by drivers who lied about their qualifications.

If a driver with a falsified record causes an accident, the driver and the company may share responsibility. A Prince George’s County truck accident attorney can uncover evidence of negligent hiring practices to hold all liable parties accountable.

The Role of Negligent Selection in Truck Accidents

Hiring drivers with prior DUI convictions or reckless driving violations, overlooking gaps in employment that may indicate termination for unsafe behavior, or failing to verify medical certifications and compliance with FMCSA physical standards are all examples of negligent selection. In Maryland, trucking companies have a legal duty to ensure that their drivers are qualified and fit to operate commercial vehicles. Victims can seek compensation for their injuries when these failures lead to accidents.

Common Defenses Used by Trucking Companies

Trucking companies accused of negligent selection often use several defenses to shift or minimize liability:

Denial of Responsibility: Arguing that the driver misrepresented their qualifications and the company was unaware of the issues.

Independent Contractor Status: Claiming that the driver was not an employee but an independent contractor, absolving the company of direct liability.

Compliance with Regulations: Asserting that the driver met all licensing and training requirements at the time of hire, even if they later exhibited unsafe behavior.

A Prince George’s County truck accident lawyer can counter these defenses by gathering evidence of the company’s hiring practices and demonstrating their role in enabling unsafe conditions.

How to Prove a Trucking Company Is Responsible for a Negligent Employee?

Proving negligent selection involves conducting a thorough investigation into the trucking company’s hiring practices. Evidence such as background check records can reveal whether the company reviewed driving histories, criminal records, and employment references to vet candidates properly. Employment policies are another critical piece of the puzzle, as examining whether the company had written hiring guidelines—and adhered to them—can highlight systemic issues. Driver files are also essential; they provide details about the driver’s qualifications, certifications, and training records, which may reveal gaps or inconsistencies. Additionally, accident data, such as a driver’s history of unsafe behavior, can establish a pattern of negligence that contributed to the crash.

In some cases, negligent hiring overlaps with other factors, such as poor truck maintenance, where a company fails to ensure that both its drivers and vehicles meet safety standards. By linking negligent hiring practices and unsafe maintenance to the accident, victims can hold trucking companies accountable for their role in enabling unqualified drivers and unsafe conditions.

Maryland Law on Employer Liability

Maryland law holds employers responsible for ensuring that their drivers meet all qualifications and are fit to operate commercial vehicles. Companies failing to perform due diligence during the hiring process can be held liable under negligent hiring or supervision claims.

This accountability extends beyond the driver’s actions to include systemic failures within the company, such as inadequate background checks or failure to enforce safety standards. Victims injured in truck accidents caused by unqualified drivers can seek compensation for medical expenses, lost wages, and pain and suffering.

Did Negligent Hiring or Selection Contribute to Your Truck Accident?
Negligent hiring practices can lead to unqualified or unsafe drivers behind the wheel of large trucks, endangering everyone on the road. Foran & Foran, P.A. understands how to investigate these claims and identify all liable parties. Our Prince George’s County truck accident attorneys are committed to helping you seek justice while advancing all case costs to reduce your burden. Call 301-441-2022 or use the secure online form to schedule your free consultation.