When a Trucking Company's Hiring Decisions May Matter

A trucking company negligence claim asks whether the company itself failed in its own duties before a crash, not only whether the driver made a mistake. This page gives general information about how a trucking company’s hiring, training, supervision and retention decisions may be reviewed in a claim. It also explains how the firm’s free case review works.

What Is a Trucking Company Negligence Claim?

A trucking company negligence claim says the carrier failed in its own responsibilities. These responsibilities often fall into four areas:

• Negligent hiring: the company hired a driver without a reasonable check of that driver’s background and driving record.
• Driver training: questions may come up about how the trucking company prepared its driver for the work, the vehicle and the roads traveled.
• Negligent supervision: the company did not monitor the driver’s hours, logs or safety problems.
• Keeping a driver on the job: questions may also come up about whether the company kept a driver behind the wheel after signs of unsafe driving.

Some trucking claims may include a negligent hiring theory.

This page is for people hurt in a truck or commercial vehicle crash and for families in wrongful death cases across West Virginia. The firm handles truck accidents, commercial vehicle accidents, catastrophic injuries, traumatic brain injury, spinal cord injury and wrongful death.

Which Hiring Records Are Reviewed After a Truck Crash?

Federal rules require carriers to keep a driver qualification file for each driver they employ. Under 49 C.F.R. § 391.51, that file can include the driver’s employment application, motor vehicle records from licensing authorities, a road test or equivalent certificate, and a medical examiner’s certificate.

Hiring review also looks at outside checks. Under 49 C.F.R. § 391.23, a copy of the driver’s motor vehicle record must be placed in the driver qualification file within 30 days of the date the driver’s employment begins. It must also investigate the driver’s safety history with prior DOT-regulated employers for the preceding three years.

Drug testing is part of the hiring file too. Under 49 C.F.R. § 382.301, an employer may not let a driver perform safety-sensitive work before receiving a verified negative test result, unless an exception applies.

These steps show what the company knew, or could have learned, before the driver got behind the wheel. If a driver’s record was available and never checked, that gap may become part of a claim. Some insurers may dispute a claim, and which hiring records matter can vary with the case.

How Are Training and Supervision Reviewed?

Training and supervision are reviewed by asking whether the company prepared the driver and watched the driver’s work. Common questions include:

• Did the training match the equipment and routes the driver was assigned?
• Did the company track hours of service? The federal hours-of-service summary lists the limits and required breaks for property-carrying drivers.
• Did the company require accurate duty-status records? Under 49 C.F.R. § 395.8, drivers must record their duty status for each 24-hour period.
• Did dispatch schedules push drivers past safe limits? Under 49 C.F.R. § 392.3, a motor carrier may not require or permit a driver to operate while fatigue, illness, or any other cause impairs the driver’s ability or alertness so that operation is unsafe.
• Did the company enforce its own written safety rules, or keep them only on paper?

Supervision also covers speeding and safety violations the company learned about. The key question is whether the company acted on what it knew.

What Records and Evidence May Show Company Negligence?

Some of the most useful records are ones a carrier must keep. Relevant records may include driver qualification files, motor vehicle records, testing records, duty-status logs and electronic logging device data, training certificates, inspection and maintenance reports, and dispatch messages.

Retention rules set minimum periods, not promises. Under 49 C.F.R. § 395.8, a motor carrier must keep records of duty status and supporting documents for at least six months from the date of receipt. Under 49 C.F.R. § 379.3, companies must keep records for the minimum periods, and after those periods records may be destroyed at the company’s discretion, but this does not excuse compliance with any other governmental body’s lawful requirements prescribing longer retention periods.

That is why early action may matter. A written request to preserve records, sent soon after a crash, may help keep relevant information from being lost. How much evidence exists in any single crash depends on the case and on what the company kept.

How Does a Free Case Review Work?

A free case review is the firm’s first step, and it has four parts. The firm offers it with no obligation to continue.

1. You share the facts. Describe the crash, the date and place, the injuries or loss, and the companies involved.
2. The firm reviews what you provide. It looks at the information and identifies which records may be needed.
3. The firm explains the possible parties. It discusses who may be responsible, such as the driver, the carrier or another company, and what options may exist under West Virginia law.
4. The firm outlines next steps. This may include records requests and a plan for preserving evidence.

Deadlines matter. Under W. Va. Code § 55-2-12, a personal injury action for which no other limitation is prescribed must be brought within two years after the right to bring it accrued. West Virginia generally allows two years, and exceptions may apply. How long a case takes depends on its facts, and no timeline can be promised in advance.

How Do Serious Injury and Wrongful Death Claims Fit In?

Hiring and supervision questions can matter in catastrophic injury cases, including traumatic brain injury and spinal cord injury. In those cases, medical records and long-term care needs often shape the claim. Recovery varies from person to person, and the effects of a serious injury may be hard to measure early.

For wrongful death, W. Va. Code § 55-7-6 says the action must be brought by the decedent’s personal representative within two years after death, subject to the provisions of section eighteen, article two, chapter fifty-five. W. Va. Code § 55-7-6 reads: “The provisions of this section shall not apply to actions brought for the death of any person occurring prior to July 1, 1988.” The statute lists damages that may be awarded, including sorrow, mental anguish and solace, reasonably expected loss of income and services, care and treatment expenses, and reasonable funeral expenses.

Two more state rules shape these cases. Under W. Va. Code § 55-7-13c, a plaintiff’s fault does not bar recovery unless it is greater than the combined fault of all others responsible. Otherwise, if the plaintiff’s fault is less than the combined fault of all other persons, recovery is reduced in proportion to the plaintiff’s degree of fault. Under W. Va. Code § 55-7-32, a statutory limit on noneconomic damages may apply against an employer defendant in certain commercial motor vehicle cases. That statute sets conditions, including insurance requirements, and exceptions for certain driver conduct.

Common Questions and Next Steps