Negligent entrustment occurs when a trucking company allows an unsafe, unqualified, or poorly trained driver to operate one of its commercial motor vehicles. If the driver causes a commercial vehicle accident, the company may be liable for allowing them to drive a dangerous vehicle despite warning signs that they could put others at risk.
How Does Negligent Entrustment Impact Trucking Liability?
In cases involving negligent entrustment, liability may extend beyond the driver to encompass other parties. Negligent entrustment claims focus on whether the trucking company or another party should have known the driver was unsafe before allowing them to operate the vehicle.
Evidence of a driver’s shortcomings may include:
- Prior crashes
- Traffic violations
- Failed drug or alcohol tests
- Lack of proper licensing
- Ignored safety concerns
When a negligent entrustment claim applies, it can show that the crash was not only caused by driver error, but also by a preventable decision made by the company responsible for putting the driver on the road.
Who Could Be Held Liable in Negligent Entrustment Cases?
Trucking liability after a crash may extend to any party who had control over whether the truck driver could operate the vehicle. Depending on the facts, potentially liable parties may include, for example:
- Trucking companies that hired or retained unsafe drivers as independent contractors
- Truck owners who allowed unqualified drivers to use their vehicles
- Leasing companies that ignored known safety risks
- Contractors or logistics companies that controlled driver assignments
What Are Common Examples of Negligent Entrustment in the Trucking Industry?
Negligent entrustment involves a company putting a driver on the road despite clear safety concerns. Common examples of negligent entrustment that may support a claim that the company should not have trusted the driver with a commercial truck include:
- Hiring a driver with a history of serious traffic violations or preventable crashes
- Allowing a driver to operate a truck without the proper commercial license
- Ignoring failed drug or alcohol tests
- Assigning trips to a driver with repeated hours-of-service violations
- Letting a driver continue working after unsafe conduct complaints
- Failing to address poor training, medical disqualification, or known performance problems
The Role of Driver Qualification in Negligent Entrustment Claims
Driver qualification is often a central factor in negligent entrustment claims because trucking companies must decide whether a driver is fit to operate a commercial vehicle. A claim may look at the driver’s licensing status, training, medical clearance, safety record, employment history, and prior violations.
If the company ignored warning signs during hiring, supervision, or retention, the failure may support an argument that the company is at least partly responsible for the resulting crash and liable for negligent entrustment.
Get Help from Our Experienced Truck Accident Lawyers Now
If you suffered injuries in a collision with a commercial truck, Craig, Kelley & Faultless LLC is ready to investigate the accident and help you pursue your legal options. If we discover the trucking company or another responsible party allowed an unfit driver to operate their vehicle, we can file a trucking accident lawsuit alleging negligent entrustment and seek the full compensation you deserve.
Contact us now to get started with a free consultation about your truck accident case.
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