- Each motor carrier must maintain a driver's qualification file for every driver they employ. This may be combined with his/her personnel file.
- The driver's application for hire.
- A copy of the motor vehicle record received from each state with information.
- The driver's road test certificate; photocopy of the commercial driver's license (CDL).
- A background check.
- A medical examiner's certificate of approval .
- In 2007, An Atlanta based accident occurred when a commercial truck driver ran a red light and stuck two vehicles at the traffic light. One of these victims sued the driver and company because of the chronic extreme pain and discomfort that ensued due to the accident. The owner of the trucking company admitted that he failed to conduct a pre-employment background check on the driver as mandated by the FMCSA. As such, if the background check was completed, the company would have found out that the driver had already been involved in two previous rear-end accidents within commercial trucking world; his commercial driver's license has been suspended for 60 days, and he had received a speeding citation while operating a tractor-trailer two months prior to the collision. The driver also admitted that he did not share this information with his current employer. The victim ended up receiving $566,000 in compensatory damages and $15,000 in punitive damages against the trucking company for negligent hiring .
- In 2011, an Arkansas Federal Court awarded $7 million in damages to the family of an Arkansas 18 wheeler driver killed in a 2008 accident in a wrongful death lawsuit brought against a timber company and its truck driver who caused the accident. The timber company had negligently hired the truck driver who caused the accident without conducting a basic background search that the lawyers representing the family found it revealed a history of unsafe driving that included having his license revoked twice. Evidence also revealed that the timber truck driver lied on his application. However, if the company followed regulations and checked on the information the truck driver supplied, this accident wouldn't have happened 19 days after the truck driver was supposedly hired. The jury found the timber company 75 percent liable and its driver 25 percent liable .
Truck Accident AttorneyNegligent hiring and retention is just one of the many issues surrounding the trucking industry. Ever since the economy has been improving since 2009, trucking accidents have gone up about 17% due to increasing demands on drivers and trucking companies . As such, companies hire employees at startling rates, sometimes overlooking basic federal guidelines to ensure the safeness of a driver. In general, if you were a truck accident victim due to someone else's negligence, your chances of recovering something are high. Whether that will be covered medical bills, property damage repair, lost wages, or other personal injuries sustained will depend on the complexity of the truck accident case. Our experienced truck accident attorneys understand how to handle these cases of negligence. Please contact us for a scheduled free consultation and evaluation of your claim. Don't be the victim of a trucking company's improper due diligence. Call Dolman Law Group Accident Injury Lawyers, PA today at (727) 451-6900. Dolman Law Group Accident Injury Lawyers, PA 800 North Belcher Road Clearwater, Florida 33765 (727) 451-6900 References:  LIABILITY OF THE COMMERCIAL DRIVER: NEGLIGENT HIRING MEETS THE DANGEROUS INSTRUMENTALITY DOCTRINE  https://definitions.uslegal.com/d/dangerous-instrumentality-doctrine/  https://www.fmcsa.dot.gov/regulations/title49/section/391.51  https://www.hireright.com/blog/2011/06/581000-pre-employment-truck-driver-screening-lawsuit/  Toolbox  https://www.fmcsa.dot.gov/safety/data-and-statistics/large-truck-and-bus-crash-facts-2013