Can a Trucking Company Be Liable for Hiring an Unsafe Driver?

 Posted on May 28, 2026 in Truck Accidents

Trucking companies have a legal duty to screen the drivers they put on the road. If a driver with a history of crashes, license suspensions, or failed drug tests causes a serious truck accident, the company that hired them may share responsibility. "Negligent hiring" or "negligent retention" of unsafe drivers can be the grounds for a lawsuit against the trucking company.

If you or someone you love was hurt in a truck crash in 2026, a Washington County, MD truck accident lawyer can help you file a claim.

How Do You Know if a Trucking Company Has Committed Negligent Hiring?

Negligent hiring is a legal claim that holds an employer responsible for putting a dangerous person in a role where they could hurt others. Federal regulation 49 C.F.R. Part 391 gives the qualifications commercial drivers must have before they can be hired by a carrier company. At a minimum, carriers must:

• Obtain the driver's employment history for the past three years

• Pull motor vehicle records from every state where the driver has been licensed

• Verify that the driver holds a valid commercial driver's license (CDL)

• Query the FMCSA Drug and Alcohol Clearinghouse (a database of employee drug and alcohol violations) for violations

If a company skips any of these steps or ignores red flags raised at any point in the hiring process, it may be guilty of negligent hiring. Things they should catch may include prior DUI or DWI convictions, a pattern of reckless driving or speeding, a previously suspended CDL, or other violations that indicate unsafe behaviors.

How Can Negligent Retention Affect My Maryland Truck Accident Case?

Companies aren’t only responsible for hiring employees who aren’t qualified. They must also hold employees accountable for poor behavior throughout their employment. Failure to do so is called "negligent retention."

If a trucking company becomes aware of a driver's dangerous behavior after hiring them and keeps that driver on the road anyway, the company can be held liable. Examples of negligent retention could be repeated speeding tickets, failed roadside inspections, or complaints from dispatch.

Part of making sure drivers are behaving safely involves holding them to federal driving time limits. Under 49 C.F.R. Part 395, most commercial truck drivers are limited to 11 hours of driving within a 14-hour on-duty window. These hours-of-service rules exist because fatigued driving is a major cause of serious crashes. A company that ignores logging data showing that a driver regularly exceeds those limits can face liability. The same is true if a company pressures drivers to push past driving limits to meet delivery deadlines.

How Do You Prove a Trucking Company Failed to Screen a Driver Properly in Maryland?

Building a negligent hiring case requires obtaining records of the person’s driving and past screenings. The most important evidence typically includes:

• The driver's personnel file

• Pre-employment screening documents

• CDL verification records

• Drug and Alcohol Clearinghouse query results

• Electronic logging device (ELD) data showing the driver’s activity in the hours leading up to the crash

Federal law requires motor carriers to keep driver qualification files for the duration of employment plus three years. However, other data, including ELD records, may only be kept for six months.

Intricate evidence like this is often best handled by a legal professional. An attorney can send a legal hold letter requiring the company to preserve records before they're deleted or overwritten. They can then build this evidence into a case demonstrating the company’s liability in hiring or continuing to use a negligent driver.

Call a Smithsburg, MD Truck Accident Lawyer Today

The Washington County, MD personal injury attorney at Serafini Law has more than 12 years of experience taking on trucking companies and their insurers. Attorney Serafini grew up in Hagerstown and is deeply involved in the local community. Each case is handled personally to ensure that no detail falls through the cracks.

Call 240-744-1600 anytime, 24/7, to schedule a free consultation today. We work on contingency, meaning you pay nothing unless we recover compensation for you.