Unsafe Truck Drivers: Suing The Employer Trucking Company
Interstate trucking companies are governed by the safety regulations found at 49 C.F.R. §§ 300 through 399. Trucks engaged solely in intrastate commerce are governed by the corresponding rules in each state’s regulatory Code. Many states, such as Georgia, have adopted the Federal Motor Carrier Safety Regulations as part of its Code, thus, in Georgia at least, state and federal regulations governing the operation of large trucks are very similar. In one respect, the federal code, however, is superior because the Code of Regulations requires employers to adhere to numerous requirements before a truck driver may be hired. Significantly, the Code of Federal Regulations also requires that all records concerning drivers hired to operate trucks must be maintained by that carrier or the employer for a minimum of three (3) years thereafter.
Before a driver can be allowed to operate a truck in interstate commerce, the carrier/employer must administer and the driver must pass a written test about the Federal Motor Carrier Safety Regulations and a road test demonstrating competency. Significantly, a trucking company must also check the driver’s records for the past three (3) years in every state in which the driver held a license. The carrier/employer must contact prior employers for the previous three (3) years and ask about the applicant’s employment status and quality of work. In additional, federal law requires pre-employment, post-accident and random drug testing of drivers.
Failure to comply with state and federal regulations with respect to the duties of carrier/employers to monitor the competency of their drivers can create a claim against the trucking company for negligent hiring and retention of an incompetent driver. If a driver fails a drug test, has a poor safety record or otherwise has not fulfilled his or her duties under the Federal Motor Carrier Safety Regulations and/or if the employer has similarly failed to fulfill its safety duties, then in that event, a claimant can bring a claim against a motor carrier in which it is alleged that the employer/carrier negligently hired and/or retained the services of an incompetent, unqualified driver.
It may be possible in some of these cases to bring a claim for punitive damages if the driver is disqualified from operating a motor vehicle due to violations of safety regulations but nonetheless is still allowed to operate a commercial vehicle. Additionally, if the trucking company fails to conduct an adequate pre-employment screening background or otherwise fulfill their pre-employment safety duties, a claim for punitive damages can be brought as such conduct establishes a disregard for public safety justifying such additional damages.
