The driver of a massive big rig is rarely acting independently. Federal laws rigidly dictate who can drive commercial motor vehicles and who cannot. When an unqualified or dangerous driver causes a catastrophic accident, the legal focus must immediately shift to the corporation that put them behind the wheel.

The Doctrine of Respondeat Superior

The absolute cornerstone of commercial vehicle litigation is the legal doctrine of respondeat superior. This translates directly to “let the master answer.” If a commercial truck driver causes an accident while acting within the normal scope of their employment, the employer or the corporation is legally and financially responsible for the resulting damages. We do not just sue the driver. We aggressively pursue the deep pocketed corporation that prioritized fast shipping over public safety.

Negligent Hiring and Driver Qualifications

Trucking companies must perform extensive due diligence before handing a driver the keys to an 80,000-pound vehicle. First, every truck driver must be at least 21 years old to drive across state lines and must possess a valid Commercial Driver’s License with the proper endorsements according to 49 C.F.R. Section 391.11.

Furthermore, employers are federally mandated to execute the following safety checks:

• Investigate a driver’s specific driving history and safety record before hiring them (49 C.F.R. Section 391.23).
• Ensure the driver has passed a comprehensive physical exam (49 C.F.R. Section 391.41) and holds a current medical certificate.
• Review the employee’s driving record every single year to ensure they remain qualified (49 C.F.R. Section 391.25).
• Maintain a highly detailed driver qualification file on every active driver (49 C.F.R. Section 391.51).

Piercing the Corporate Shield

This sounds like a lot of mandatory homework for the trucking company before they hire somebody. Unfortunately, corporate logistics companies routinely cut corners to hire fast and fill their trucks with active drivers. They do not always do their required due diligence. When that happens, incompetent drivers end up on the road and severely hurt innocent people. 

When a driver causes an accident, their employer’s neglect to review or investigate their background properly becomes a massive focal point in your lawsuit, frequently opening the door for punitive damages.