Liability for Companies Hiring Bad DriversA trucking company who hires a dangerous driver to operate their trucks on the highway may be liable when innocent third parties are hurt. An investigation would need to be conducted into the driver’s history. Did the trucking company know when they hired them that they had a history of bad driving? Did the trucking company allow them to continue driving even though they had proven themselves to be a danger behind the wheel? The Federal Motor Carrier Safety Administration (FMCSA) regulations require that trucking companies keep their driver’s files. The FMCSA also states what a trucking company should have in the driver file. During the investigation into the driver, your attorney will discover if the trucking company complied with federal regulations. The driver qualification file can be kept with their personnel file. When conducting discovery, a skilled 18 wheeler accident attorney will request both. In general, driver qualification files should include:
- The driver’s application.
- A copy of the motor vehicle record obtained from each state with information on the driver
- The driver’s road test certificate;
- Photocopy of the commercial driver’s license (CDL).
- A background check.
- A doctor’s certificate of approval.