Negligent Hiring and Retention: Holding Trucking Companies Accountable
When a commercial truck collides with a passenger vehicle, the truck’s immense size and weight often leave the other driver severely injured or worse. Seeking compensation can be an uphill battle when facing the trucking company’s insurance and legal teams. However, claims of negligent hiring and retention can provide recourse by focusing liability back on the trucking company itself.
Trucking companies have a duty to thoroughly vet drivers before allowing them behind the wheel of an 80,000 pound vehicle. They must also implement adequate supervision to identify dangerous driving behaviors. When those responsible for public safety fail to uphold these obligations, they must be held accountable under the law.
What is Negligent Hiring and Retention?
Negligent hiring occurs when a company does not take reasonable care to ensure it is employing competent, safe drivers. Negligent retention is when a company retains employees who engage in hazardous behavior. Under these legal doctrines, trucking companies have a responsibility to thoroughly vet drivers before hiring them. They must also supervise drivers and take corrective action if dangerous behavior is observed.
If a trucking company breaches these duties, it can be held legally responsible for any resulting harm. Even if the driver caused the accident, the trucking company enabled it through negligent hiring or retention. This provides accident victims with another avenue to pursue compensation for their injuries.
Importance of Driver Screening and Supervision
Thorough screening and supervision of drivers is critical for trucking companies. According to federal regulations, motor carriers must investigate a driver’s background before hiring them. This includes reviewing their driving record over the past three years.
Once hired, truck drivers must comply with hours of service regulations that limit driving time. Their employer must monitor these hours to prevent fatigued driving. Trucking companies should also implement systems to track speeding violations and require regular equipment inspections.
Effective screening processes should include criminal background checks, review of employment history, verification of licenses and training certifications, drug tests, road tests and personal interviews. No step should be skipped.
Ongoing supervision is also essential. Dispatchers should regularly review ELD records, GPS data, and driver vehicle inspection reports to identify problems as soon as possible. Following up quickly on issues is key to preventing accidents before they happen.
Cameras and Electronic Logging Devices
Dash cams and electronic logging devices (ELDs) are tools that help document driver behavior and compliance. Dash cams record footage that can reveal traffic violations or distraction. ELDs automatically log a driver’s hours, preventing logbook errors that conceal hours of service violations.
Despite the benefits, many trucking companies fail to utilize these devices. Without objective data, they often remain unaware of dangerous driver behaviors. Plaintiffs can cite this as evidence of negligent hiring and retention.
Common Red Flags in Driver Histories
Trucking companies are deemed to be on notice about any issues in a driver’s background that should raise red flags. Here are some common red flags that suggest a driver may be unsafe:
- History of moving violations or license suspension
- Past involvement in preventable accidents
- Failed drug or alcohol tests
- Criminal charges related to vehicle operation
- Complaints of reckless or aggressive driving
Less obvious indicators could include a spotty work history, gaps in employment, previous firings or denial of certification. Personality factors like selfishness, lack of empathy, impatience and difficulty accepting criticism might also predict poor driving.
If a company hires or retains a driver with these glaring red flags, juries may find the trucking company negligent. The key is proving the company knew or should have known about the risks posed by the driver.
Using Experts to Prove Negligent Hiring and Retention
These cases often boil down to what the trucking company knew versus what they should have known about the driver. Plaintiffs can retain expert witnesses to demonstrate the company’s failures.
For example, an industry operations expert can review the company’s hiring policies and procedures. They can opine on whether the company met basic standards for vetting drivers.
A human factors expert may also examine driver logs, inspection records and other data. They can help identify patterns of non-compliance or dangerous driving that the company missed.
A vocational rehabilitation counselor can analyze a driver’s background for red flags that warranted further investigation. They can also evaluate whether the company’s screening tools were adequate to identify high-risk applicants.
An accident reconstruction expert can analyze the crash itself to highlight driving errors and determine preventability. This further builds the case for negligent retention.
Experts strengthen negligent hiring and retention claims by establishing what the company reasonably should have known. Their testimony demonstrates the company’s negligence in contrast to what a reasonably prudent carrier would have done.
Damages in Negligent Hiring and Retention Lawsuits
Like other truck accident claims, plaintiffs can recover economic and non-economic damages. This includes medical expenses, lost income, pain and suffering, and loss of enjoyment of life resulting from the accident.
Punitive damages may also be awarded in egregious cases. For instance, if a company routinely ignored complaints about a driver or signs they were using drugs. This serves to punish and deter companies that show a conscious disregard for public safety.
Statute of Limitations for Filing Claims
In Ohio, plaintiffs have two years from the date of their injury to file a truck accident lawsuit. Minors have until age 20 to file. It is important to act quickly to avoid exceeding this statute of limitations. An attorney can advise on the deadlines for a particular case.
Holding Companies Accountable for Negligent Hiring and Retention
Trucking companies have enormous responsibility for vetting and supervising their drivers. When they fail to implement adequate safety measures, they must be held accountable for the consequences under Ohio law. Partnering with an experienced truck accident attorney is key to proving negligent hiring and retention claims.
To discuss your case in a free consultation, visit our offices at:
- Westerville – 4151 Executive Pkwy, Suite 355, Westerville, OH 43081
- Mansfield – 33 S. Lexington-Springmill Rd, Mansfield, OH 44906
Or call now for a free consultation: (614) 224-4114.