Under the Federal Motor Carrier Safety Regulations (FMCSR), trucking companies are legally obligated to hire qualified and safe drivers. Specifically, FMCSR Sections 391.21 and 391.23 outline requirements regarding the application process and background checks for commercial drivers. Failure to adhere to these regulations can result in liability for the trucking company if an unqualified driver causes an accident.
Overview of FMCSR 391.21 and 391.23
FMCSR 391.21 – Application for Employment
This regulation requires all prospective commercial drivers to complete an employment application that provides a detailed history of their driving experience. The application must include:
- The driver’s full name, address, date of birth, and Social Security number
- The driver’s three-year employment history, including any gaps in employment
- The driver’s licensing information, including state, number, and expiration date
- A detailed list of traffic violations and accidents over the past three years
- Certification that all information provided is accurate
This requirement ensures employers collect sufficient data to assess a driver’s qualifications and background before hiring them.
FMCSR 391.23 – Investigation and Inquiries
FMCSR 391.23 mandates that trucking companies conduct background checks on prospective drivers. This includes:
- Safety Performance History: Employers must obtain a three-year safety history from prior employers, including accident records and drug or alcohol violations.
- Driving Record Check: The company must obtain a Motor Vehicle Record (MVR) from each state where the driver held a commercial license in the past three years.
- Drug and Alcohol Testing History: Employers must request information about any previous drug and alcohol test violations under FMCSA regulations.
- Verification of Compliance: Employers must confirm that the driver’s application information matches official records.
The purpose of these checks is to ensure that only safe and qualified individuals are hired to operate commercial vehicles.
Liability for Negligent Hiring
A trucking company can be held liable for negligent hiring if it fails to comply with FMCSR 391.21 and 391.23. Negligent hiring occurs when an employer hires someone it knew—or should have known—was unfit for the job, and that decision leads to harm. The following factors can contribute to liability:
- Failure to Obtain Required Records: If a company neglects to request an MVR or past employment records and later discovers the driver had a history of reckless driving or DUIs, it can be held responsible for an accident caused by that driver.
- Ignoring Red Flags: If a company hires a driver despite a record of frequent violations, serious accidents, or substance abuse, this can be seen as a disregard for public safety.
- Incomplete Background Checks: Not thoroughly checking a driver’s past employers or failing to obtain a safety performance history can expose the company to liability.
- Lack of Due Diligence: If a company rushes the hiring process and ignores FMCSR requirements, courts may find it liable for negligence.
Legal Precedents and Consequences
Several legal cases have demonstrated how companies can be held liable for negligent hiring. Courts have ruled against trucking companies that failed to conduct proper background checks or ignored a driver’s poor safety record. Consequences of negligent hiring can include:
- Civil lawsuits: Victims of accidents caused by an unqualified driver can sue the trucking company for damages.
- Regulatory penalties: The FMCSA may impose fines or revoke a company’s operating authority for non-compliance.
- Reputational damage: A company’s failure to hire responsible drivers can harm its credibility and lead to lost business.
Contact a Florida Personal Injury Lawyer
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Jaeson continued his studies at Florida State University College of Law, graduating with a Juris Doctorate in 2011. Throughout his law school career, Jaeson regularly volunteered his time at Florida Legal Services, where he assisted with several projects aimed at advancing the rights of low-income families in Florida. Jaeson has recovered millions of dollars from individuals for his clients. For his efforts, Jaeson was inducted in 2016 into the Multi-Million Dollar Advocates Forum. At the time of his induction, he was one of the youngest attorneys in the State of Florida to be inducted.
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