Can a Trucking Company Be Liable for Hiring an Unsafe Driver in Kentucky?
Many people think the truck driver is the only one responsible after a commercial truck accident, but that’s not always true. Sometimes the trucking company can be at fault too, especially if they hired or retained a driver who posed a safety risk. If you’ve been hurt in a truck crash in Kentucky, knowing when the company might be responsible is crucial.
Trucking Companies Must Comply With Federal Law When Hiring Drivers
Before hiring a commercial truck driver, trucking companies must comply with federal safety regulations intended to promote roadway safety. They are generally required to confirm that applicants;
- have a valid commercial driver’s license (CDL),
- can safely operate a commercial vehicle,
- understand emergency procedures, and are
- capable of performing required pre-trip inspections.
Trucking companies must also review a driver’s background, including their driving record, employment history, and medical qualifications. They are expected to comply with federal drug and alcohol testing requirements, and additional testing may be necessary after certain crashes or whenever there is reasonable suspicion that a driver is impaired.
How Do Unsafe Drivers Get Hired?
Even with federal hiring standards in place, unsafe drivers can still end up behind the wheel. A company may fail to review an applicant’s driving history thoroughly, overlook repeated traffic violations, ignore gaps in employment, or neglect required background checks. In some cases, businesses facing driver shortages may rush the hiring process. When these failures contribute to a preventable truck accident, the trucking company may share legal responsibility for the resulting injuries and losses.
What Is Negligent Hiring?
Negligent hiring is a legal theory that allows an employer to be held liable if they hire someone they knew, or should reasonably have known, was unfit for the job. For trucking companies, this may apply when a company skips proper background checks or ignores signs that a driver presents a danger to other road users.
Every situation is unique, and just being involved in a crash isn’t enough to prove the trucking company was negligent. The key question is usually whether the company acted reasonably based on what they knew when hiring the driver.
Evidence That Might Help Your Case
Determining whether the trucking company was negligent usually requires a thorough investigation. Useful evidence might include:
- The driver’s employment and qualification records
- License and training documents
- Driving history and past accident reports
- Drug and alcohol test results (if available)
- Company hiring policies and safety procedures
- Records of any discipline or safety violations
Most of this information is in the company’s hands, so it’s crucial to act quickly before anything gets lost or destroyed.
These Cases Are Complicated
Cases involving negligent hiring are usually more complex than regular claims. You need to show not only that the driver was careless, but also that the trucking company failed to do its job when hiring or retaining that driver, and that this failure contributed to the crash.
Looking closely at the driver’s background and the company’s hiring policies can reveal important evidence that may not be apparent immediately after the accident.
Contact Us for Legal Help
If you were hurt in a Kentucky truck accident and think the company’s hiring decisions contributed to it, a seasoned London & Southeast Kentucky truck accident attorney at Cessna & George Law Firm can investigate the facts, preserve key evidence, and walk you through your options. We can help protect your rights and pursue the compensation you deserve. Contact us today to schedule a consultation.
