Trucking companies that employ unqualified or dangerous drivers can be held liable for serious accidents caused by these individuals, according to Arkansas truck accident attorney Joseph Gates of Gates Law Firm, PLLC. He outlines the concepts of negligent entrustment and negligent hiring, explaining how they impact both victims of trucking accidents and the companies responsible for the hiring decisions.
Negligent entrustment arises when a trucking company gives a commercial vehicle to a driver it knows, or should know, is unfit to operate it. Under Arkansas law, companies that allow individuals who present clear dangers to themselves or others behind the wheel can be held accountable for any resulting incidents. This responsibility holds whether the driver is an employee or an independent contractor, with the emphasis on the act of placing the vehicle into the hands of someone unfit for the job.
Gates highlights the risks associated with commercial trucks on Arkansas highways, where the average 18-wheeler weighs around 80,000 pounds—approximately 20 times that of a standard car. Given the heavy traffic on major routes such as I-40 and I-430 in Pulaski County, the presence of unqualified drivers controlling these massive vehicles poses considerable dangers to all road users.
According to Gates, trucking companies have a vital duty to ensure that only qualified drivers operate their vehicles. However, the industry often witnesses companies cutting corners to quickly fill driver positions, potentially disregarding the safety of the public. “After a serious wreck, the focus should not only be on the actions of the driver at that moment but also on what the company knew or should have known beforehand,” he noted.
Negligent hiring occurs when a trucking firm fails to thoroughly vet potential drivers, resulting in the employment of individuals who pose significant safety threats. Gates stresses that employers must exercise reasonable care in their hiring, especially in roles that involve substantial risk to others. Federal regulations enforce strict standards for maintaining driver qualification files, which should include vital documents such as employment applications, safety performance histories, motor vehicle records, and results from background checks and drug tests.
Nevertheless, the current driver shortage in the trucking industry increases pressure on companies to fill positions quickly, often leading to lower hiring standards and expedited processes, which prioritize profit over safety. This can result in untrained or inexperienced drivers taking to the roads.
Trucking companies also have ongoing responsibilities concerning their drivers. Negligent retention occurs when a company chooses not to act against a driver whose dangerous behavior or incompetence has been identified. Similarly, negligent supervision refers to the inadequate training, monitoring, or oversight of drivers after their employment. Maintaining unsafe drivers despite evidence of poor performance further exacerbates public safety risks.
For those pursuing negligent entrustment or hiring claims, substantial evidence is required to demonstrate the trucking company’s awareness of the driver’s shortcomings. Critical documents, like the driver qualification file maintained by the company, play a crucial role—any missing or falsified paperwork can serve as strong evidence of negligence.
Gates points out that the consequences of negligent hiring practices can lead companies to adopt more rigorous screening and supervision protocols, ultimately enhancing road safety for all motorists in Arkansas. The possibility of punitive damages also exists in claims where companies demonstrate willful disregard for safety regulations, serving both compensatory and deterrent purposes in holding them accountable.
With Arkansas enforcing a three-year statute of limitations on personal injury claims, it’s important for victims to act promptly. Delaying potential legal action could risk the loss of vital evidence, fading memories, or unavailability of witnesses.
Gates emphasizes that holding trucking companies accountable for negligent hiring and entrustment sends a clear message: safety must remain a priority over profit. For individuals affected by accidents involving potentially unqualified drivers, consulting a knowledgeable attorney can open avenues for legal recourse.
Gates Law Firm, PLLC, based in Little Rock, is dedicated to representing victims injured in commercial trucking accidents, led by attorney Joseph Gates, who offers over a decade of experience and committed advocacy throughout Arkansas. For more information or to schedule a consultation, interested parties can reach out via phone or visit the firm’s website.