Large trucks share Kansas City roads with commuters, pedestrians, and other road users every day, and the drivers operating those trucks carry enormous responsibility. A single wrong move behind the wheel of a huge, multi-ton vehicle can have devastating consequences that change lives in a matter of seconds.
When a trucking company hires an unqualified driver without proper screening or keeps an unfit driver on the road despite clear warning signs, the company may be liable for preventable trucking accidents that result.
What Is Negligent Hiring by a Trucking Company?
Negligent hiring by trucking companies in Kansas City occurs when a trucking company fails to properly vet a driver before putting them behind the wheel of a commercial vehicle. Trucking companies have a duty to evaluate applicants carefully, given the risk their operations pose to others on the road.
A thorough hiring process typically includes the following:
- A review of the applicant’s history of prior accidents, license suspensions, or traffic violations
- Confirmation of the driver’s previous work history and reasons for leaving past positions
- Drug and alcohol screening as required under federal law
- Verification of the applicant’s valid commercial driver’s license and any required endorsements
If a company skips these steps or ignores clear red flags, it may bear responsibility for negligent hiring if its driver later causes a crash. Courts will consider factors like whether the company knew, or should have known, that the driver posed a danger to others when determining negligence.
What Is Negligent Retention?
Negligent retention involves what a company does after a driver is already on its payroll. Specifically, negligent retention by a trucking company occurs when a company continues to employ a truck driver despite mounting evidence that the driver is unsafe.
Warning signs that should prompt a company to act include repeated traffic citations, complaints from other motorists, failed drug tests, or a pattern of hours-of-service violations. A company that sees these kinds of red flags and takes no corrective action – whether through retraining, suspension, or termination – may be held accountable in the event that the driver ever causes anyone harm. The law expects trucking companies to monitor their drivers on an ongoing basis, not just at the point of hire.
How Trucking Company Negligence Can Lead to Serious Accidents
Trucking company negligence, like poor screening practices and unaddressed safety concerns, can show up on the road in dangerous ways. If a company hires or retains a driver with a history of fatigue-related violations, that driver could fall asleep at the wheel. Similarly, a driver who never received proper training is more likely to lose control during difficult maneuvers.
Truck crashes frequently involve catastrophic injuries because of the size and weight disparity between commercial trucks and passenger vehicles. And in some cases, the cause of this type of collision traces back to a driver who should never have been on the road in the first place. When companies cut corners on driver hiring or retention, it puts everyone who shares the road with its drivers at unnecessary risk.
Federal Safety Standards for Commercial Drivers
The Federal Motor Carrier Safety Administration (FMCSA) sets minimum driver qualification standards that trucking companies must follow. Specifically, FMCSA regulations require companies to review applicants’ driving records, verify at least three years of employment history, and confirm medical fitness through a certified examiner.
FMCSA rules also govern drug and alcohol testing, hours-of-service limits, and ongoing maintenance of driver qualification files. If a company fails to comply with these regulations, it can face harsh federal penalties. Proof of violations can also serve as strong evidence of negligence in a Kansas City truck accident claim.
Evidence That May Support a Negligent Hiring or Retention Claim
Relevant evidence in a negligent hiring or retention claim after a truck accident may include the following:
- Documentation showing whether the company met FMCSA screening requirements
- Employment and disciplinary records showing any history of complaints, citations, or corrective action taken against the driver
- Training documentation that indicates whether the driver received proper instruction for the equipment and cargo involved in the accident
- Drug and alcohol testing results confirming compliance with federal testing requirements
Before you can build a strong claim based on these types of evidence, you’ll need access to records that the trucking company controls. Trucking companies don’t always preserve these records voluntarily, and some documents can disappear or become harder to obtain as time passes. It’s always best to contact a lawyer as soon as possible after any truck accident so they can begin investigating and preserving this evidence while it’s still available.
How Missouri Law May Apply to Trucking Company Liability
Missouri courts allow injured victims to hold trucking companies directly responsible for their poor hiring and retention decisions. This principle comes from McHaffie v. Bunch, a case in which the Missouri Supreme Court confirmed that a company’s choice to hire or retain an unsafe driver on the road counts as its own act of negligence.
The company doesn’t get to hide behind the fact that its driver is the one who caused the crash. If the company knew or should have known that the driver posed a danger and put that driver on the road anyway, it can be held liable for negligence under Missouri law.
How a Kansas City Truck Accident Lawyer Can Help Investigate Company Negligence
An experienced Kansas City truck accident lawyer will know where to look for evidence of trucking company negligence. They can send preservation letters to prevent the destruction of key records, subpoena driver qualification files, and depose company safety officials about their hiring and retention practices. This level of investigation can reveal patterns of negligence that aren’t obvious from the outside, such as a company culture that consistently overlooks safety warnings to keep trucks moving.
Why Choose Presley and Presley Trial Lawyers?
At Presley and Presley Trial Lawyers, we handle catastrophic injury cases that demand substantial resources and litigation skill. Our attorneys have secured significant results for clients hurt by dangerous trucking practices, including one $5.25 million verdict for a client injured in a tractor-trailer collision. That result reflects the kind of top-notch investigation and advocacy we bring to every case we accept.
If a negligent trucking company caused an accident that has changed your life, contact Presley and Presley Trial Lawyers now for a free, no-obligation, fully confidential consultation. Our Kansas City truck accident attorneys are ready to review the details of your case and help you explore your legal options.
