Negligent Hiring: Unqualified Drivers
The Federal Motor Carrier Safety Administration (FMCSA) has minimum truck driver requirements. At a bare minimum, a driver must have a valid Commercial Driver’s License (CDL) from their state of residence, demonstrate a comprehensive knowledge of applicable traffic and safety laws, and pass limited health screenings.
It’s ultimately up to trucking companies to hire qualified drivers to operate their rigs. However, as profit-motivated companies, trucking services might be inclined to cut some corners to pad their bottom line. One shortcut that’s often made involves hiring unqualified drivers who can be paid less than their qualified counterparts.
When a trucking company hires unqualified drivers, it’s a violation of FMCSA regulations. It’s also negligent. When that negligence contributes to a truck accident in which a party is injured or killed, the trucking company can be liable for resulting damages.
What is Negligent Hiring?
At its core, negligent hiring involves onboarding truck drivers who do not meet minimum qualifications, as set by state and/or federal law, to operate a commercial vehicle.
This can include hiring drivers:
- Who have never held a Commercial Driver’s License
- Whose CDL has been revoked
- With a history of safety violations
- Who lacks experience or knowledge in operating the type of commercial vehicle used by the trucking service
- With a criminal record that precludes them from operating a commercial vehicle
- Who have failed health screenings, vision tests, and/or drug testing
Just because a driver was once qualified doesn’t necessarily mean that they’re qualified to drive a large rig today. Drivers must undergo regular testing and screenings to ensure that they retain knowledge of applicable safety laws and are physically and mentally fit to operate a commercial truck.
How Can Negligent Hiring Cause Truck Accidents?
Unqualified truck drivers are less likely to:
- Know how to properly operate all components of a large commercial vehicle safely
- Execute safe braking practices
- Appreciate the difference between handling a fully-loaded truck and an empty one
- Appreciate the threat of injury or death that any mistake or lapse in judgment can pose to themselves and other motorists on the road
- Know and follow FMCSA trucking regulations
In turn, unqualified truck drivers are more likely to:
- Speed, make unsafe lane changes, fail to check vehicle blind spots, and drive recklessly
- Jackknife or overturn their rigs
- Miss potential truck defects or mechanical problems by not performing pre- and post-trip inspections
- Fail to secure cargo properly, rendering their trucks unfit for transport
- Haul hazardous materials in an unsafe manner
Simply put, unqualified drivers may be more likely to make mistakes and/or skirt the law, both of which can significantly increase the chances of causing a truck accident.
At the end of the day, it’s not just the unqualified driver who can be responsible – it’s the trucking service that knowingly hired them, too.
If you’ve been injured in a truck accident in Chicago, Illinois, because of an unqualified driver, call Taxman, Pollock, Murray & Bekkerman, LLC. The trucking company has to be held accountable for its decision to put an unsafe driver at the wheel of its rig. Our Chicago truck accident lawyers can provide the powerhouse legal representation you’ll need to make it happen.
As award-winning civil litigators, we’ve helped injured crash victims and families win hundreds of millions in damages. Now, we’re ready to fight for top-tier case results for you, too. Call our personal injury law firm in Chicago for a free consultation today.