Negligent Hiring Practices

National Truck Accident Lawyer and Attorney

Part of the process in keeping our highways safe is to ensure that employers know who their drivers are. But negligent hiring practices – which allow the worst of the worst back on the road – runs rampant, especially in Texas. The law states that every trucking company must keep a driver qualification file for each of its drivers, that the company must perform a background check, and that it performs annual reviews to ensure that drivers are following company and government regulations. Failing to do so could be seen a sign of negligent hiring practices.

A company hiring a driver must, among other things:

• Obtain a list of the applicant’s employers for the past three years
• Check for any driving offences (speeding, driving under the influence, etc.)
• Conduct reference checks with past employers
• Ensure proper training and licensing
• Check for the driver’s accident record

Once hired, the company is also responsible for drug testing and ensuring drivers follow regulations.

The employer is not under obligation to check for a criminal record, though this is recommended since it could turn up things like previous drug-related charges, reckless driving, and other charges directly related to driving an 18 wheeler responsibly. If the driver’s past criminal charges do come up in court, the jury will likely see this as negligent hiring practices, regardless of the letter of the law.

Truth Is, Negligent Hiring Practices Are Rampant

Many of the 64,000 trucking companies in Texas have what would be considered negligent hiring practices. A report done by the Dallas Morning News revealed that many trucking companies do not take background checks seriously. Some fax recommendation requests to one past employer and don’t follow up if there is no response. Even basic things like driver training is taken only at the word of the applicant.

Unfortunately, the results can be deadly. In one instance, a Texas driver killed four out of five passengers in a minivan, including a woman pregnant with twins. The only survivor was a 14-month baby.

During the civil suit against the company, it was found that the driver was an illegal immigrant, had obtained his driver’s license illegally by using a fake social security number, and had several trucking-related violations. Despite this, the driver was not deported, his illegal driver’s license was not taken away, and he was not even ticketed. The company, which should have been investigated for negligent hiring practices, was neither fined nor reviewed. If it wasn’t for the family filing a lawsuit against the company (the jury awarded them $23.5 million), everyone responsible would have walked away scot-free.

Negligent hiring practices are often contributing causes of 18 wheeler accidents – at the very least, more accidents could be prevented if companies did proper background checks on their drivers. But this is very hard for the average person to investigate. And it is certainly nothing that the company or the insurance company will admit to.

Get David P. Willis on your side, and make sure your rights are protected. Mr. Willis can help you by getting to the bottom of your case, investigating the accident thoroughly, and ensuring that you have all the evidence you need to prove negligence. Call or e-mail David P. Willis for a free consultation, and find out the facts about your case to make an informed decision about your lawsuit.

Truck Accident Lawyer and Attorney

If you or a loved one have been seriously injured or killed in an 18 wheeler trucking accident, caused by the negligence or gross negligence of the truck driver or trucking company, then call us toll free at 1-800-883-9858 to discuss your potential truck accident lawsuit. Know your legal rights and remedies under the law, talk to a trial lawyer with 20+ years of personal injury experience in representing injured clients and their families. Mr. Willis is a Board Certified Personal Injury Trial Lawyer certified by the Texas Board of Legal Specialization. Call and speak with an attorney who has experience in handling significant cases involving serious injuries and catastrophic losses to those injured and their families.

Call our law firm for a Free Truck Accident Lawyer Evalution at 1-800-883-9858 or use our free and confidential online evaluation form:

Click Here for a Free Truck Accident Case Evaluation