A Texas trucking company can be liable for negligent hiring when it knew, or should have known, that a driver was unqualified or unsafe. Texas courts look at what the company did to check the driver and what those checks would have revealed to determine whether the driver’s shortcomings caused the crash.
The injured person must connect the hiring failure to the injuries. For example, a company that hired an employee holding a suspended license may face an action for negligent hiring if that documented background of reckless motoring contributed to the collision. Negligent entrustment is a related claim that applies when a company lets a driver operate a truck despite known risks. These legal theories focus on the specific qualifications a driver must maintain.
What qualifications a commercial driver must meet
Anyone who drives a commercial truck weighing 26,001 pounds or more needs a Commercial Driver’s License. Beyond that license, the FMCSA, the federal agency that regulates commercial trucking, imposes additional requirements through its safety rules for motor carriers. Carriers must confirm each driver meets these core requirements, including background inquiries completed within 30 days of hire:
- Valid license: The driver holds a Commercial Driver’s License for the class of truck being operated.
- Medical certification: A medical examiner certifies the driver as physically fit for the work, unless an exception applies, such as for certain Canadian and Mexican drivers.
- Driving record review: The carrier collects the driver’s record from every state that issued the driver a license or permit in the three years before hire.
- Employment history check: The carrier looks into the driver’s work with each DOT-regulated employer over the previous three years, including the driver’s safety performance.
- Minimum age: Drivers who cross state lines must be at least 21.
Carriers must keep these documents in a driver qualification file. A missing or incomplete file may show that a company skipped required screening steps.
How screening and supervision duties work
A company’s duty doesn’t end the day it hires a driver. Federal rules require carriers to assess each operator’s driving history annually and remove drivers who no longer qualify. Carriers must also supervise hours of service, vehicle inspections, and maintenance.
Weak supervision can take many forms, such as ignoring repeated violations, overlooking complaints from other motorists, or pushing schedules that encourage fatigue. Each failure can support a claim that the carrier put an unsafe driver behind the wheel. When these failures lead to a crash, a claim needs specific evidence to prove the carrier’s liability.
Truck accident lawyer in El Paso, TX: Proving negligent hiring
Proving negligent hiring usually starts with records. Evidence for a truck accident claim in El Paso County may come from the driver qualification file, past violations, logbooks, company hiring policies and the results of the driver’s alcohol and drug tests.
Evidence can disappear quickly, since carriers do not keep every record forever. A lawyer can send a preservation request early, so the company must retain files that may explain how the driver got the job. Texas law gives injured people two years from the date of the crash to file most personal injury lawsuits, so timely action matters.
Using safety history to explain a crash
Reviewing the safety history of both the driver and the company helps clarify why a serious accident happened. Those records may show whether the carrier followed federal screening rules or ignored warning signs.
Anyone hurt in a collision with a commercial truck may want a lawyer to review the carrier’s hiring records before they are lost. While every case is different, and results depend on the facts, it never hurts to consider your options. Call Scherr Law Firm at 866-751-7083 to schedule a consultation.