After a serious California truck crash, you may learn that the driver had previous crashes, license suspensions or serious traffic violations. That history alone does not make the trucking company responsible. However, it may matter if the trucking company was aware, or reasonably should have been aware, of a safety risk.
What trucking companies should check before hiring drivers
Federal rules require many trucking companies to check a driver’s history before hiring them. Depending on the circumstances, that process can include:
- Checking three years of the applicant’s driving history
- Contacting certain former employers about the driver’s safety record
- Keeping required records about the driver’s qualifications
California also requires employers of certain commercial drivers to use the Employer Pull Notice program. The program alerts employers when certain changes appear on a driver’s DMV record, such as a conviction or license suspension. These records can reveal warning signs that existed before a crash.
When poor hiring decisions contribute to a crash
A trucking company may face a negligent hiring claim if it hired a driver it knew, or should have known, was unsafe. That particular safety risk must also be connected to the crash that injured you. For example, past serious driving violations may matter if the company overlooked them and similar unsafe driving later contributed to your crash.
California Civil Jury Instruction (CACI) 426 explains the elements of negligent hiring. However, if a trucking company admits responsibility for its driver’s negligence while the driver was working, California law may prevent negligent hiring from remaining a separate basis for compensatory liability. Evidence of the company’s own conduct may still matter if the facts support a claim for punitive damages.
The hiring and qualification records may show whether the trucking company overlooked information that should have raised concerns about the driver’s safety.
Why the company’s hiring decisions may still matter
A serious truck crash may involve more than the driver’s actions behind the wheel. Questions about how the trucking company screened and hired that driver can affect which legal issues become relevant to your case.
Legal guidance can help you understand those issues, identify records that may be difficult to obtain and assess how the company’s hiring decisions relate to your crash.