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Case focus
Catastrophic Trucking Litigation
Federal regulations require motor carriers to thoroughly screen drivers before putting them behind the wheel. When carriers skip background checks, ignore red flags, or hire unqualified drivers, they are directly liable for the resulting crashes.
Proof track
Carrier did not review the driver's employment history, accident record, or criminal background.
Driver had prior DUIs, license suspensions, or serious moving violations that the carrier ignored.
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01
FMCSA Driver Qualification Requirements
The Federal Motor Carrier Safety Administration requires carriers to maintain a Driver Qualification (DQ) file for every driver. This file must include:
- Application for employment with 10-year employment history
- Inquiries to previous employers regarding accidents and violations
- Motor vehicle record (MVR) check from every state where the driver held a license
- Road test or equivalent documentation
- Medical examiner's certificate
- FMCSA Drug and Alcohol Clearinghouse check
- Annual MVR review
When a carrier skips these requirements and the driver causes a crash, the carrier is liable not just for the driver's negligence (respondeat superior) but for its own independent negligence in hiring.
02
How We Prove Negligent Hiring
- Driver Qualification File: We subpoena the complete DQ file and compare it to FMCSA requirements. Missing documents establish that the carrier failed to conduct required screening.
- Previous Employer Inquiries: Did the carrier contact previous employers? If the driver was terminated for safety reasons, did the carrier know?
- MVR / Driving Record: Did the carrier check the driver's motor vehicle record? Prior DUIs, license suspensions, or serious violations that went unchecked are powerful evidence of negligent hiring.
- Clearinghouse Records: Did the carrier query the FMCSA Drug and Alcohol Clearinghouse before hiring? A positive entry that was missed is devastating evidence.
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