Can a Trucking Company Be Liable for Negligent Hiring or Supervision?

Negligent hiring and supervision can be responsible for a serious crash and subsequent injuries. Like all employers, trucking companies have a legal duty to hire employees who are qualified for the job. They also have a legal duty to supervise their employees to ensure that they are not putting the public at risk. When trucking companies fail to meet these legal duties—and when their drivers cause serious or fatal accidents as a result—they can be held liable for negligent hiring and supervision under Arkansas law. 

Trucking Companies Are Required to Hire Qualified Drivers

Driving an 18-wheeler or any other large commercial truck requires special skills. Truck drivers are required to pass several tests in order to obtain a commercial driver’s license (CDL), and the skills needed to drive a tractor-trailer are very different from those required to drive a box truck, dump truck, garbage truck, or any other truck without a detachable trailer. 

But, even obtaining a CDL is just the first step toward becoming a competent truck driver—and the fact that someone holds a CDL does not mean they are capable of safely operating any type of large commercial truck in traffic. As a result, when hiring drivers, trucking companies need to make informed decisions based on individuals’ qualifications and abilities or risk being negligent hiring and supervision. 

Trucking Companies Are Required to Supervise Their Drivers  

Along with hiring competent drivers, trucking companies also have a legal duty to supervise their drivers when they are on the clock. While trucking companies might not be able to supervise their drivers directly, they can (and generally should) take steps such as:

• Monitoring truck drivers’ driving logs 
• Monitoring truck drivers’ telematics data (i.e., speed and braking data)
• Responding appropriately to any incidents on the road 
• Appropriately testing their drivers for drugs and alcohol 
• Ensuring their drivers maintain current qualifications

When trucking companies fail to adequately supervise their drivers, this can lead to accidents that could—and should—have been prevented. Again, just because a truck driver holds a CDL, this does not mean that the driver is capable of driving safely or that he or she will follow the rules of the road. 

Trucking Companies Can Be Held Liable for Negligent Hiring or Supervision 

Since trucking companies have a legal duty to both hire qualified drivers and supervise their drivers on an ongoing basis, when they fail to do so, they can—and should—be held duly accountable. 

In Arkansas, trucking companies can be held liable for both negligent hiring and negligent supervision. If a trucking company hires a driver who isn’t qualified to be behind the wheel, this can provide grounds to hold the trucking company liable in the event of an accident. Likewise, if a trucking company fails to adequately supervise a driver who causes an accident, this can serve as grounds to hold the trucking company liable as well. 

Proof of Negligent Hiring or Supervision Isn’t Necessarily Required 

With that said, proof of negligent hiring or supervision isn’t necessarily required to hold a trucking company liable for a truck accident in Arkansas. This is because trucking companies can also be held “vicariously liable” for their drivers’ negligence behind the wheel. 

As a general rule, employers are liable for their employees’ negligence on the job. This is known as “vicarious liability,” meaning that the employer’s liability is based on its employee’s negligence rather than its own. 

So, even if a trucking company meets its legal duties related to hiring and supervision, it can still be held liable for accidents resulting from a driver’s negligence. This includes (but is by no means limited to) common forms of negligence such as:

• Driving while distracted, fatigued, or impaired 
• Failing to check blind spots before turning or merging 
• Running red lights and stop signs
• Speeding (or driving too fast for the current weather or road conditions)
• Tailgating and failing to brake in time to avoid a collision

As a result, regardless of the circumstances involved, if you or a loved one has been injured in a commercial truck accident, it will be worth talking to a lawyer about the legal options you have available. Trucking companies can be held liable for serious and fatal accidents under a wide range of circumstances, and accident victims and their families will often be entitled to significant financial compensation. 

Speak with a Rogers Truck Accident Attorney for FREE

Do you need to know more about filing a claim for a truck accident in Arkansas? If so, we encourage you to contact us today. Oliver Law Firm is committed to helping accident victims move forward after a serious injury. Depending on the details of your situation, you may be eligible to recover damages for your physical, financial, and emotional losses. 

Contact the experienced truck accident lawyers at Oliver Law Firm today online or at (479) 202-5200 for a FREE case evaluation. We serve clients throughout Arkansas and across the United States from our office in Rogers, AR.