Heavy Duty Trucking Logo
MenuMENU
SearchSEARCH

5 Ways to Prevent Negligent Hiring Claims

With the ever-growing driver shortage looming, many motor carriers are lowering their hiring standards to fill their empty trucks. No company wants to turn down a job because they don’t have drivers to service the account.

by Don Jerrell, Associate VP, HNI
April 23, 2014
5 Ways to Prevent Negligent Hiring Claims

 

3 min to read


With the ever-growing driver shortage looming, many motor carriers are lowering their hiring standards to fill their empty trucks. No company wants to turn down a job because they don’t have drivers to service the account. But while companies to some extent are at the mercy of supply and demand, carriers have to keep the potential for negligent hiring lawsuits top of mind.

Ad Loading...

Negligent hiring is based on the principle that companies have a responsibility to protect their clients and the public from injury at the hands of their own employees. Companies can be held liable for property damages, deaths and physical injuries, and other errors caused by their employees within the scope of their employment. If you don’t establish driver hiring standards you can stick to rain or shine, you will have a hard time defending your recruiting processes in court if they were ever challenged in a negligent hiring suit.

Negligence can be alleged in all aspects of managing your employees: in hiring, retention, and when changing job responsibilities. In cases where a truck killed or injured people on the highway, the jury's sympathies will generally lie with the victim, not the motor carrier. This makes it even more important to shore up your processes to ensure they are thorough and legally defensible.

Ad Loading...

1. Do Your Homework Before Hiring Drivers

To prove that they did their due diligence in screening their drivers, motor carriers should perform background checks on all new hires. Pull a driver's PSP and MVR reports and verify the previous employment and experience listed on an applicant's resume. This demonstrates that the company made a good faith effort to ensure their employees don’t pose a risk to others.

2. Put Driver Hiring Policies in Writing

Establish consistent policies that can be applied across the board. Policies should name specific (not subjective) disqualifiers, and they should never fluctuate with the supply of applicants. Make your policies are public and share them with all employees and applicants. In addition to providing a basis for your defense in a lawsuit, putting these policies out in the open helps you hold recruiters and hiring managers accountable for the quality of people they're bringing on.

3. Train Drivers for Success

If a driver receives violations, require them to take training that addresses the issue behind it rather than just issuing a “warning letter” or other form of corrective action. When hiring owner/operators, many carriers assume the driver is competent and educated about how to perform their job properly.  Most of the time this is true, but as there is no formal training for owner/operators, this is a big assumption to make. 

4. Keep Your Ear to the Ground

If another employee reports concerns about the conduct of a co-worker, you have to address the concern. If an incident were to occur and the prosecution found out you ignored a red flag, you could be looking at hundreds of thousands in punitive damages for negligent retention. In 66% of negligent hiring cases that go to trial, the plaintiff is awarded damages of more than $600,000.

5. Re-evaluate If You Change the Job Duties

Companies can be held liable for extending an employee’s responsibilities beyond his or her skill level. Training for new job duties is essential, and an employee’s past should be considered when revising job responsibilities. If the duties assigned conflict with past behaviors, find someone else to do the job. For example, if you decide to go ahead and hire an employee with a history of theft and you give them oversight over client funds, you’re a flashing target for a negligence case.

Ad Loading...

This article originally appeared on the HNI blog. Used with permission. HNI is a non-traditional insurance and business advisory firm.

Subscribe to Our Newsletter

More Drivers

Illustration of data privacy, big brother concept, and truck driver behind the wheel
Safety & Complianceby Deborah LockridgeAugust 17, 2026

Driver Trust Can Make or Break the Success of Fleet Safety Technology

New Teletrac Navman research suggests that onboarding, transparency about driver data, and positive feedback can play a significant role in how commercial drivers respond to safety and coaching technology.

Read More →
Illustration incorporating a gavel, the back of a driver training trailer, and art showing a blue female shape standing out in a row of male shapes.
Driversby StaffAugust 11, 2026

EEOC Sues KLLM Over Alleged Sex Discrimination in Driver Training

KLLM is facing a federal sex-discrimination lawsuit over policies the EEOC alleges put female truck driver trainees at a disadvantage.

Read More →
Safety & Complianceby Deborah LockridgeAugust 10, 2026

FMCSA Moves to Codify English Language Requirements for Commercial Drivers

By changing regulations on English-language proficiency requirements for commercial drivers, rather than relying on a guidance memo, the FMCSA said future administrations won't be able to walk back the Trump administration's stricter enforcement with just a memo.

Read More →
Ad Loading...
YouTube thumbnail showing two Western Star trucks with the text "Behind the Experience: Western Star Star Nation"
Equipmentby Lauren FletcherAugust 3, 2026

Drivers Put Western Star Trucks to the Test at Star Nation Experience

Watch to get an inside look at the Western Star trucks, technology, and community behind the Star Nation Experience 2026!

Read More →
American flag in background with photos of military truck and Freedom Haulers ad graphic
Driversby Deborah LockridgeJuly 30, 2026

Trump Administration Looks to Put More Veterans Behind the Wheel

The Freedom Haulers program pulls together existing and expanded programs at several federal agencies to recruit veterans to drive commercial heavy-duty trucks and cut the red tape for them to get a CDL, training, and employment.

Read More →
Equipmentby Jim ParkJuly 30, 2026

Putting Mack’s Command Steer to the Test

A test drive of Mack’s Command Steer active steering system evaluates how it can make truck driving easier and less tiring.

Read More →
Ad Loading...
Truck driver behind the wheel with illustration overlaid of someone handing out cash
Driversby Deborah LockridgeJuly 28, 2026

Competition Heating Up for Truck Drivers

New report reveals rising driver hiring costs, the return of sign-on bonuses, growing AI advantages, and the operational factors shaping driver retention.

Read More →
Line of gray semi trucks with Fraley & Schilling logo
Safety & ComplianceJuly 15, 2026

How Fraley & Schilling Improved Logbook Compliance by Over 50%

Fraley & Schilling needed a way to close a compliance workflow gap in its ELD system without adding more work from driver training, reminders, and back-office follow-ups. It found the answer in a custom driver app.

Read More →
Volvo American Truck Simulator.
Driversby News/Media ReleaseJuly 8, 2026

Volvo Goes Gaming

Volvo has roared into American Truck Simulator with two new flagship trucks.

Read More →
Ad Loading...
Two black men in safety vests walking together laughing in a truck fleet yard
Driversby Deborah LockridgeJuly 6, 2026

What the Best Fleets to Drive For Teach About Driver Retention

Survey fatigue, AI-powered routing, owner-operator expectations, and the decline of social media all emerged as themes from this year's Best Fleets to Drive For program.

Read More →