Can You Sue A Trucking Company For Hiring An Unsafe Or Unqualified Driver?
A serious truck accident can be caused by more than just a driver’s mistake. Sometimes, the trucking company makes a risky choice by hiring or keeping a driver who was not qualified to drive safely. A driver’s past might show traffic violations, previous accidents, substance issues, license problems, poor training, or other warning signs that should have been noticed before letting them drive an 18-wheeler.
Federal rules require trucking companies to carefully hire and supervise their drivers. If a company ignores these rules and an unsafe driver causes a crash in Detroit, we look into whether the company can be held directly responsible for the injuries that result.
Trucking Companies Have A Duty To Use Qualified Drivers
Commercial trucking companies cannot simply hand the keys to anyone who applies for a driving position. Under 49 C.F.R. § 391.11, a motor carrier generally may not require or permit a person to operate a commercial motor vehicle unless that person is qualified to do so. The federal qualification rules address matters such as driving ability, physical qualifications, licensing, experience, and the ability to operate the particular commercial vehicle safely.
These rules are important because an 80,000-pound tractor-trailer can cause severe injuries if the driver is not skilled or qualified. When we investigate a serious truck accident, we look at more than just the moments before the crash. We also check what the trucking company knew, or should have known, about the driver before allowing them on the road.
Federal Law Requires Background And Driving-History Checks
Federal law requires motor carriers to investigate certain parts of a driver’s history. Under 49 C.F.R. § 391.23, a carrier generally must obtain the driver’s motor vehicle record from licensing authorities covering the preceding three years and investigate the driver’s safety-performance history with prior Department of Transportation-regulated employers.
These records can show important details after a crash. If a driver has a history of preventable accidents, serious traffic violations, license suspensions, unsafe driving, or past safety issues, it may raise questions about whether the company made a good hiring choice.
A carrier’s failure to perform the required investigation can become significant if the missing information would have revealed that the driver presented an unreasonable safety risk. We examine both what the trucking company actually knew and what a proper investigation would likely have disclosed.
Driver Qualification Files Can Become Important Evidence
Under 49 C.F.R. § 391.51, motor carriers generally must maintain a driver qualification file for each covered driver. These records can include the driver’s employment application, motor vehicle records, road-test documentation, medical qualification records, and other materials required by federal regulations.
In a serious Michigan truck accident case, these documents can help answer important questions. Did the company review the driver’s record? Was the driver properly qualified? Were required records missing? Did the carrier continue employing the driver after later warning signs appeared?
We may seek these records during litigation because they can provide a much different picture from the one presented in the initial accident report.
Drug And Alcohol History Can Affect A Negligent Hiring Claim
Federal rules also regulate controlled-substance and alcohol testing for covered commercial drivers. In Michigan, carriers have specific obligations concerning testing and the Commercial Driver’s License Drug and Alcohol Clearinghouse.
Under 49 C.F.R. § 382.701, covered employers generally must conduct a pre-employment Clearinghouse query before allowing a driver to perform safety-sensitive functions. The Clearinghouse may contain information concerning certain positive drug tests, alcohol violations, refusals to test, and other prohibited conduct.
A trucking company that ignores required safety information or allows a prohibited driver to operate may face serious questions after a collision. We investigate whether the carrier followed required procedures and whether information existed that should have prevented the driver from being placed behind the wheel.
Keeping A Dangerous Driver On The Road Can Also Create Liability
Hiring is only part of the issue. A driver may appear qualified initially but later develop a record that should cause the company to reconsider whether that person can safely continue operating a commercial vehicle.
The legal issue may therefore involve negligent retention or supervision rather than just negligent hiring. Repeated crashes, safety complaints, license problems, failed tests, hours-of-service violations, or reports of dangerous driving may all become relevant depending on the facts.
Federal regulations also prohibit carriers from permitting certain unsafe driving conditions. For example, 49 C.F.R. § 392.3 prohibits a motor carrier from requiring or permitting a driver to operate when fatigue, illness, or another condition has impaired the driver’s alertness to the point that continued driving would be unsafe.
If management knew a driver was repeatedly falling asleep, driving dangerously, or violating safety policies and continued sending that driver onto Michigan highways, those facts may become important evidence of corporate negligence.
Liability May Extend Beyond The Truck Driver
One reason trucking accident cases can differ substantially from ordinary car accident claims is that several parties may bear responsibility. Depending on the circumstances, claims may involve the commercial driver, motor carrier, vehicle owner, maintenance provider, freight company, or another business connected to the transportation operation.
A trucking company’s direct negligence can be particularly important when its own hiring, training, supervision, or retention practices contributed to the crash. We look at corporate records, safety policies, driver files, prior violations, electronic logging information, vehicle data, communications, and other evidence that may explain why an unsafe driver remained on the road.
Michigan Law Still Requires Proof Of Causation And Damages
A regulatory violation does not automatically produce compensation. We still must connect the trucking company’s conduct to the collision and the injuries suffered.
In Michigan motor vehicle cases, MCL 500.3135 governs tort liability for noneconomic damages and addresses the serious impairment of body function threshold. Serious truck crashes often result in fractures, traumatic brain injuries, spinal injuries, internal injuries, permanent disabilities, or death, but every claim must be evaluated on its specific facts.
Michigan’s comparative-fault statute, MCL 600.2959, can also reduce damages when the injured person shares responsibility for the occurrence. If the injured person’s fault exceeds the combined fault of the other persons, noneconomic damages are barred under the statute. For that reason, trucking companies and their insurers may aggressively attempt to shift blame to the injured motorist.
Evidence Must Be Preserved Quickly After A Truck Accident
Trucking cases often involve evidence that does not exist in a typical passenger-vehicle crash.
Driver qualification files, electronic logging data, onboard vehicle information, dispatch communications, safety records, employment materials, inspection records, and surveillance footage may become critical.
We want that information identified and preserved before ordinary retention practices result in records being lost or overwritten. Early legal investigation can also help determine whether there were warning signs surrounding the driver before the collision occurred.
Michigan’s general limitations statute, MCL 600.5805, ordinarily provides a three-year period for actions seeking damages for personal injury or death, subject to exceptions that may apply to a particular claim. Waiting until that deadline approaches can make an investigation far more difficult, even when the lawsuit technically remains timely.
Frequently Asked Questions About Unsafe Or Unqualified Truck Drivers
What Makes A Commercial Truck Driver Unqualified Under Federal Law?
Federal law imposes multiple qualification requirements on commercial drivers. Under 49 C.F.R. § 391.11, a driver generally must have the experience or training needed to operate the vehicle safely, possess the required licensing, satisfy applicable physical requirements, and meet other federal qualifications. A driver’s individual history may also reveal problems that should have prevented the carrier from hiring or continuing to employ that person. We examine both formal regulatory qualifications and evidence showing whether the carrier reasonably responded to known safety risks.
Can We Sue The Trucking Company If The Driver Had Previous Accidents?
Potentially. A prior accident alone does not automatically establish negligent hiring, but a pattern of preventable crashes or serious safety violations may be important. Under 49 C.F.R. § 391.23, covered carriers must investigate specified portions of a driver’s recent motor vehicle and safety-performance history. If a proper investigation would have revealed serious warning signs and the company nevertheless hired the driver, those circumstances may support a claim against the carrier.
What If The Trucking Company Never Checked The Driver’s Record?
That can be significant. Federal regulations require specific inquiries concerning driving records and previous safety performance. We may seek the carrier’s driver qualification file and investigation records to determine what was checked, when it was checked, and whether required information was missing. The next question is whether the failure contributed to the crash by allowing an unsafe driver onto the road.
Can A Trucking Company Be Responsible For Keeping A Dangerous Driver Employed?
Yes, depending on the evidence. A company may face allegations involving negligent retention or supervision when it learns of serious safety concerns but continues allowing the driver to operate. Prior crashes, complaints, license problems, substance-related violations, fatigue issues, or repeated unsafe conduct may become important. We investigate when management learned about these problems and what the company did in response.
Ravid & Associates, P.C. Can Investigate The Trucking Company Behind The Crash
A serious truck collision should not automatically be treated as a claim against one individual driver. When an unsafe or unqualified commercial driver causes devastating injuries, we examine the trucking company that selected, trained, supervised, and continued employing that driver. The records may show that the collision followed warning signs that should have been taken seriously much earlier.
We investigate both the driver’s conduct and the carrier’s decisions so that every potentially responsible party can be identified. When the evidence supports a claim, we pursue compensation for medical expenses, lost income, future losses, pain and suffering, disability, and other damages available under Michigan law.
If you were seriously injured in a crash involving an 18-wheeler, tractor-trailer, semi-truck, or other commercial vehicle, contact our Detroit trucking accident attorneys at Ravid & Associates, P.C. today by calling (248) 948-9696 to receive your free consultation. We represent injured clients in Detroit and throughout the entire state of Michigan from our office location in Southfield, Michigan. We can investigate the driver, the trucking company, and the safety records behind the collision to determine who may be legally responsible.
