Negligent Hiring Truck Accident Lawyer

Legally reviewed by our attorney networkUpdated 2026

Federal rules require motor carriers to maintain a driver qualification file for every driver — including employment history, driving record, medical certification, and road test. When a carrier hires a driver with a history of crashes, violations, or failed tests and that driver injures someone, the carrier is directly liable for negligent hiring.

Key Takeaways

  • Driver qualification files are mandatory under 49 CFR Part 391.
  • Carriers must check 3 years of driving records and prior employer safety history.
  • Chronic driver shortages tempt carriers to cut vetting corners.
  • Negligent hiring claims unlock evidence of company-wide safety culture.

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Frequently Asked Questions

What is a driver qualification file?+

The federally required personnel file for each commercial driver: license verification, driving records, employment history, medical certificate, road test results, and annual reviews (49 CFR Part 391).

How do you find out if the driver had a bad record?+

Through discovery: the qualification file, Clearinghouse queries, prior employer records, and the driver's PSP (Pre-Employment Screening Program) report reveal the history the carrier saw — or should have seen.

Can the trucking company be liable for poor training?+

Yes. Inadequate training on hours-of-service, cargo securement, mountain driving, or winter operations supports a direct negligence claim alongside negligent hiring.

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