When a tractor-trailer crashes, the truck driver is often blamed first. But many collisions trace back to a much deeper problem: the trucking company’s own negligence. When companies hire unqualified or unsafe drivers, the consequences can be catastrophic.
This is called negligent hiring, and it’s one of the strongest legal grounds for holding a trucking company accountable. Below, we explain how Jacksonville truck accident lawyers uncover and prove negligent hiring, what evidence they use, and how victims can recover compensation.
Understanding Negligent Hiring in Trucking Cases
Negligent hiring happens when a trucking company employs a driver it knew or should have known posed a safety risk. Federal and Florida laws require carriers to thoroughly screen, train, and monitor drivers before letting them operate massive commercial vehicles on public roads.
When a company cuts corners or overlooks red flags, it violates its duty of care to the public. Those decisions can make the company liable for any injuries or deaths that result.
Common red flags companies ignore include:
- Hiring drivers with prior DUIs, speeding tickets, or reckless-driving records
- Allowing someone to drive without a valid commercial driver’s license (CDL)
- Failing to verify drug test results or medical clearances
- Ignoring prior employer warnings about safety or performance
- Putting inexperienced drivers behind the wheel without proper supervision
Each of these lapses demonstrates a failure to protect the public and provides grounds for a negligent hiring claim.
How Jacksonville Lawyers Expose Unsafe Hiring
A negligent hiring claim succeeds on evidence. Trucking companies and insurers defend aggressively, so a Jacksonville personal injury lawyer will build these cases through meticulous investigation, document review, and expert analysis.
Reviewing the Driver’s Employment and Qualification File
Truck accident lawyers in Jacksonville begin by obtaining the driver’s qualification file, which federal law requires carriers to maintain. This file should contain:
- The driver’s employment application and background check results
- Motor vehicle records from each state where the driver was licensed
- Drug and alcohol test results
- Medical examiner’s certificate confirming physical fitness
- Training and performance evaluations
If these records are incomplete, falsified, or show ignored violations, that evidence strongly supports a negligent hiring claim.
Verifying Compliance With FMCSA Regulations
The Federal Motor Carrier Safety Administration (FMCSA) sets nationwide safety rules for hiring and monitoring commercial drivers. A Jacksonville truck accident lawyer will examine whether the company complied with these requirements, such as:
- Conducting pre-employment driving-record checks
- Performing drug and alcohol screenings before hiring
- Verifying the driver’s training and road test results
- Maintaining accurate driver qualification files
Failure to comply with FMCSA standards can be used as proof of negligence.
Uncovering Unsafe Hiring and Training Practices
Even if a trucking company claims to follow the rules, its internal policies and culture often tell a different story. Attorneys dig into hiring manuals, interview current and former employees, and look for patterns such as:
- Rushing to hire a driver to meet delivery demands
- Allowing untrained drivers on the road
- Ignoring past incidents or falsifying safety records
- Using underqualified supervisors to conduct training
These practices demonstrate a corporate disregard for safety, exactly what negligent hiring laws are meant to prevent.
Investigating the Driver’s Conduct Before the Crash
Negligent hiring cases often hinge on whether the company should have anticipated the driver’s dangerous behavior. Lawyers review:
- ELD (electronic logging device) data for hours-of-service violations
- Dispatch communications and delivery schedules showing pressure to drive fatigued
- Past citations or accidents
- Inspection and maintenance reports
If a company knew the driver had a pattern of unsafe conduct but kept them on the road, liability is clear.
Leveraging Expert Testimony and Insider Witnesses
Trucking cases rely heavily on experts. Attorneys work with:
- Accident reconstructionists to connect the company’s hiring failures to the crash
- Trucking safety experts to explain industry standards
- Vocational and economic experts to determine damages
In addition, witnesses such as former co-workers or dispatchers can reveal internal warnings the company ignored. Together, these testimonies can paint a picture of systemic negligence.
Preserving the Evidence: Why Spoliation Letters Matter
Trucking companies control most of the key evidence in a crash, and it can disappear quickly. One of the first steps a lawyer takes is sending a letter of spoliation.
This formal legal notice requires the trucking company to preserve and produce critical evidence, such as:
- The truck’s black box (ECM) data
- Driver qualification and personnel files
- Maintenance, inspection, and dispatch logs
- Onboard GPS and telematics data
- Video footage or photographs related to the incident
Issuing a spoliation letter immediately protects the victim’s right to prove their claim.
Navigating the Legal Process And Holding the Right Parties Accountable
After evidence is preserved, attorneys begin formal legal action. In most Jacksonville negligent hiring cases, this involves several stages:
Investigation and Claim Filing
The attorney identifies all liable parties, including the trucking company, the driver, the freight broker, and possibly a maintenance contractor.
Negotiation With Insurers
Insurance carriers often try to minimize payouts. Strong evidence of negligent hiring, especially uncovered through spoliation letters, creates leverage for full compensation.
Litigation and Trial
If a fair settlement isn’t offered, the case proceeds to court, where attorneys present documentation, expert testimony, and witness statements to demonstrate the company’s negligence and the harm it caused.
Throughout each step, the lawyer handles communications, evidence management, and negotiations so victims can focus on recovery.
The Compensation Victims May Pursue
Victims injured in a truck accident caused by negligent hiring may recover both economic and non-economic damages, including:
- Medical expenses and future medical care
- Lost income and reduced earning capacity
- Pain and suffering, including emotional distress
- Loss of consortium or companionship
If the company’s conduct was reckless, such as knowingly hiring an unlicensed or intoxicated driver, Florida courts may also award punitive damages to punish and deter similar misconduct.
The Clock is Ticking: Florida’s Two-Year Deadline
Under Florida law, Florida Statutes § 95.11, truck accident victims generally have two years from the date of the crash to file a personal injury lawsuit. Evidence in trucking cases can disappear within weeks, so it’s vital to contact an attorney immediately.
Prompt legal action allows your lawyer to issue spoliation letters, interview witnesses while memories are fresh, and build the strongest possible case for compensation.
Hold Negligent Trucking Companies Accountable — Get Legal Help Today
If you were injured in a Jacksonville truck accident, the company that hired the driver may share the blame. You don’t have to face their insurers or legal team alone.
A Jacksonville truck accident lawyer can uncover the truth about unsafe hiring practices, preserve the evidence you need, and fight for the justice and financial recovery you deserve.
Don’t wait. Evidence fades fast. Contact Anidjar & Levine today to discuss your case and take the first step toward holding negligent trucking companies accountable.
We Can Help.
