Motor Carrier Claims for Negligent Qualification, Hiring, Training, and Retention

This CLE course will offer guidance on proving or defending negligent entrustment, hiring, training, or retention claims against motor carriers, commercial drivers, and insurance companies in the wake of an accident.

Claims against a trucking company for negligent entrustment, hiring, or retention may seek and may result in increased compensatory damages, punitive damages, expanded discovery, and evidentiary and admissibility advantages for the plaintiff. Motor carriers should perform reasonable investigations into all employees to ensure that an individual's past history does not indicate that they would be unsuitable in their position, especially for safety-sensitive positions like truck drivers.

In many jurisdictions, however, defendant trucking companies can avoid duplicative claims for negligent supervision and limit the evidence at trial by admitting vicarious liability for their driver's negligence under the theory of respondeat superior since this admission would prevent plaintiffs from also pursuing negligent entrustment, hiring, or retention claims.

Other jurisdictions allow both claims to proceed simultaneously, inquiring into factors such as the adequacy of the employer's pre-hiring investigation and continued oversight of the employee. Understanding how different states' courts address this issue is critical to establishing your litigation strategy.

Listen as our authoritative panel discusses the latest developments in negligent entrustment, hiring, or retention claims against motor carriers and insurance companies, and best practices for discovery, evaluation, and trial.