The new year is not even a month old, and there have already been several truck accidents in Florida. This is par for the course in this state, considering it sees more than 32,000 commercial truck accidents yearly.
While several factors are involved in these accidents, one of the most concerning is lacking or negligent hiring practices (by trucking companies). Negligent hiring can result in a truck accident that causes injury or death. This can turn a preventable mistake into a devastating outcome.
What Is Negligent Hiring?
Negligent hiring means an employer fails to vet potential employees. In some cases, this leads to the employment of unqualified and even dangerous individuals. In the trucking industry, negligent hiring usually refers to hiring drivers who lack the credentials and skills to operate large vehicles.
An employer may fail to conduct a background check. They may ignore obvious red flags in the driver’s employment history. Even worse, employers sometimes completely disregard federal and state hiring regulations.
In Florida, trucking companies must follow strict guidelines to ensure the safety of their drivers and the public. This means employers must confirm that a driver is qualified to operate a truck. Their qualifications must also extend to the type and size of truck they will be driving.
Moreover, employers should conduct drug and alcohol screenings to comply with DOT (Department of Transportation) standards.
How Negligent Hiring Happens
There are many ways negligent hiring happens in trucking companies. Firstly, employers are supposed to confirm that potential employees hold a valid commercial driver’s License (CDL).
This license proves that the driver has received proper training to operate large vehicles. Even if the potential employee produces a CDL, the employer must check that the license is authentic and valid.
Failing to do this can result in unqualified drivers being hired. If a driver does not have experience or enough training to operate a large truck, it immediately increases the chances of an accident.
Furthermore, employers often hurry to get someone to fill a vacancy, ignoring the candidate’s driving record. This is critical because a driver’s history provides insight into their ability and skill to operate a truck safely.
If an employer does not review a candidate’s driving record, they may unwittingly hire someone with several traffic violations. They may also hire someone who has been pulled over and fined for a DUI or reckless driving.
Hiring a driver like this puts a company at great risk. Not only is there a good chance that the driver will cause an accident, but they could also ruin a business’s reputation if they drive under the influence.
As mentioned above, a lack of extensive background checks is also a problem. When employers ignore this step in the hiring process, they risk hiring people with a criminal history or a substance abuse problem.
The same applies to skipping drug and alcohol testing. If an employer decides not to test candidates, they will likely regret it in the long run. After a while, it may become clear that a candidate is unfit to drive safely.
The Devastating Consequences of Negligent Hiring
Negligent hiring does not only mean skipping a step in the hiring process. It opens the door to several scenarios that could devastate the business and others.
Some of the consequences of negligent hiring include:
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An increased risk of accidents. Unqualified or reckless drivers are prone to making poor decisions on the road. One critical mistake can lead to a serious accident.
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Severe injuries or fatalities. The size and weight of a commercial truck make it likely for an accident to result in severe injury or fatalities.
Those who survive the accident may suffer from long-term traumatic brain injuries, spinal injuries, or internal bleeding.
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Legal and financial issues. A trucking company can be held liable for accidents caused by negligent hiring. Victims can file legal cases to recoup their losses, including medical bills and lost income.
The trucking company will likely face penalties and fines in addition to paying a settlement. Their reputation will also take a hit.
Federal and State Regulations for Truck Driver Hiring
Trucking companies are responsible for preventing negligent hiring. This means adhering to federal and state-specific regulations.
The Federal Motor Carrier Safety Administration (FMCSA) enforces strict hiring standards for commercial drivers. All drivers must hold a valid CDL appropriate for the vehicle they will operate.
Random and pre-employment drug and alcohol testing are mandatory. Moreover, employers must review a driver’s motor vehicle record for the past three years.
It is also necessary for drivers to pass medical exams to ensure they are physically healthy and able to drive a commercial truck.
Florida imposes more rules for trucking companies. For instance, drivers must meet state-specific licensing criteria. The state also mandates minimum liability insurance for commercial vehicles. Drivers must adhere to state weight regulations to prevent damage to roads.
How Trucking Companies Can Avoid Negligent Hiring
By now, it is clear that employers in the trucking industry must do due diligence to ensure they hire only competent and suitable skilled drivers.
To avoid negligent hiring, employers must also invest in entry-level driver training. Drivers should have access to training that makes upgrading their Class B CDL to a Class A CDL easier.
Drivers must also understand which CDL skills test they must pass. They do not necessarily need to practice for a set number of hours but must prove proper skills to instructors.
Furthermore, according to the FMCSR (Federal Motor Carrier Safety Regulations), each driver must have a qualification file. When a driver applies for a job, they must provide a list of prior traffic violations (if relevant). They must also provide a motor vehicle record.
Additionally, they must have a medical examiner and skills performance evaluation certificate.
At the same time, trucking companies must do background checks on all potential drivers. If there are past DUIs or other serious violations, the company should decide whether the driver will be a risk to the business.
Negligent Hiring Remains a Serious Issue
Negligent hiring is still prevalent in the U.S., including Florida. If you are involved in an accident because of a driver who has been negligently hired, you may have grounds for a personal injury case.
The best thing to do is hire a lawyer to assess your case and advise whether to file an official claim.