Trucking Company Negligent Hiring Lawyer in Houston, TX
Not every truck accident happens because a driver made a poor decision behind the wheel. In many serious crashes, the trucking company played a role long before the truck ever left the yard, whether by hiring a driver with a troubling safety history, skipping required background checks, or ignoring warning signs that should have kept someone off the road.
At Herrera PLLC, Jonathan Herrera investigates these cases with a perspective few Houston attorneys bring to the table. Before becoming a lawyer, he spent over a decade as an insurance adjuster evaluating high-exposure trucking and commercial claims, which gave him firsthand insight into how trucking companies document, or fail to document, a driver’s fitness to be on the road. For a broader look at how the firm handles these matters, see the main truck accident page.
What Is Negligent Hiring in the Trucking Industry?
Negligent hiring is a legal claim against a trucking company itself, separate from any claim against the driver. Under Texas law, an employer can be held responsible when it knew, or reasonably should have known, that a driver was unfit or incompetent, and that this failure contributed to an accident.
This distinction matters because a driver’s individual insurance coverage is often far smaller than the trucking company’s commercial policy. When a company’s own hiring or retention practices contributed to a crash, additional sources of liability, and additional insurance coverage, may come into play.
Negligent hiring is often raised alongside a related theory called negligent entrustment, which focuses on a company’s decision to put a specific truck or trailer in the hands of a driver it knew, or should have known, was unfit to operate it safely. Texas courts are still working out exactly how these claims interact with a trucking company’s acceptance of responsibility for its driver, so whether one or both theories apply depends heavily on the specific facts of the case.
Warning Signs Trucking Companies Ignore
Federal regulations require trucking companies to investigate a driver’s background before putting them behind the wheel of a commercial vehicle. When a company skips or shortcuts that process, warning signs can slip through.
Prior DUI or Reckless Driving Convictions
A driver’s motor vehicle record often shows a documented history of DUI charges, reckless driving, or repeated moving violations. Federal rules require carriers to review this history, but not every company follows through, particularly when a driver is otherwise available to fill an open route.
Falsified or Incomplete Qualification Files
Under 49 CFR Part 391, the Federal Motor Carrier Safety Regulations, every commercial driver is required to have a qualification file containing employment history, road test results, medical certification, and other safety documentation. Missing, incomplete, or falsified information in this file can be evidence that a company failed to properly vet a driver before hiring.
Hours-of-Service Violations Before Hire
A driver’s prior record of hours-of-service violations, whether from a previous employer or independent logs, can indicate a pattern of fatigue-related risk. Trucking companies that hire drivers with this history without additional scrutiny may be exposing the public to a known, documented risk.
How a Former Insurance Adjuster Investigates Trucking Company Negligence
Jonathan Herrera’s background gives him a specific advantage in these cases. Having spent years on the insurance side evaluating commercial trucking claims, he knows what a properly maintained driver qualification file should contain, and what gaps in that file typically mean.
An investigation into negligent hiring generally involves requesting the trucking company’s complete personnel and safety file for the driver, including training records, prior accident and violation history, and internal communications about the driver’s performance, then comparing that file against federal recordkeeping requirements to identify where the company’s own documentation falls short. Learn more about Jonathan Herrera’s background and experience.
Proving Negligent Hiring Under Texas Law
To succeed on a negligent hiring claim in Texas, an injured person generally must show that the trucking company knew or should have known the driver was incompetent or unfit, that the company was negligent in hiring, retaining, or supervising that driver, and that this negligence was a proximate cause of the accident and resulting injuries.
Texas law generally requires these claims to be filed within two years of the date of the accident under Texas Civil Practice and Remedies Code Chapter 16. An important exception applies to claims against government entities, which generally require written notice within six months, though some local governments shorten that window considerably. The City of Houston, for example, requires written notice within 90 days. Because these deadlines can affect a case regardless of how strong the underlying facts are, it is generally best to have a claim reviewed as early as possible.
Texas also follows a modified comparative negligence rule under Texas Civil Practice and Remedies Code Chapter 33. An injured person can still recover damages even if they are partly at fault for an accident, as long as they are not found more than 50 percent responsible, though any recovery is reduced by their assigned percentage of fault.
What Compensation Is Available
Depending on the facts of the case, Texas law may allow an injured person to recover for a range of losses connected to a trucking company’s negligent hiring, including:
- Medical expenses, including future care
- Lost income and reduced earning capacity
- Pain and suffering
- Physical impairment
- Property damage
- Wrongful death damages in fatal accident cases
In cases involving especially reckless conduct, such as knowingly retaining a driver with a documented history of dangerous behavior, Texas law may allow for exemplary damages under Texas Civil Practice and Remedies Code Chapter 41, which generally requires clear and convincing evidence of gross negligence. The damages available in any case depend on the evidence, the injuries involved, and the specific facts of the matter.
Talk to Jonathan Herrera About Your Case
If you or a loved one was seriously injured in a truck accident and you believe the trucking company’s hiring practices may have played a role, Herrera PLLC is available to review the details of your case. Jonathan Herrera personally reviews what happened, gives an honest assessment of whether a negligent hiring claim applies, and handles every matter from beginning to end. While the firm is based in Houston, it represents clients throughout Texas, including the Rio Grande Valley, Dallas-Fort Worth, Austin, and San Antonio.
These cases are handled on a contingency fee basis: no upfront costs, and no attorney’s fees unless compensation is recovered. Consultations are free, confidential, and come with no obligation, and every case is prepared as though it may go before a jury. Contact Herrera PLLC at 832-891-3210 or complete the online contact form to get started.
Frequently Asked Questions
Negligent hiring is a claim that a trucking company is directly responsible for an accident because it hired, retained, or failed to properly screen a driver it knew or should have known was unfit to drive.
This typically requires obtaining the trucking company's driver qualification file and safety records through the legal discovery process. An attorney can request this documentation and compare it against federal screening requirements.
In many cases, yes, although exactly how that claim proceeds alongside a claim against the driver can depend on the specific facts and on how the trucking company responds to the case. An attorney can evaluate which theories apply to a particular accident.
Not necessarily. Federal trucking regulations generally treat drivers operating under a motor carrier's authority as the carrier's responsibility for safety compliance purposes, regardless of how the relationship is labeled on paper. A trucking company may still be held responsible for negligent hiring or negligent entrustment even when the driver is classified as an independent contractor.
Texas law generally requires personal injury claims to be filed within two years of the date of the accident, with a shorter six-month notice requirement for claims against government entities. Some cities, including Houston, require notice in as little as 90 days.
Negligent hiring claims generally depend on evidence that the company knew or should have known about a driver's unfitness before the accident. If a driver had no discoverable red flags, a negligent hiring claim may not apply, though other theories, such as the driver's own negligence, may still support a claim. An attorney can review the driver's full record to determine what evidence exists.
Police reports typically focus on how the crash happened, not on a trucking company's hiring or screening practices. A negligent hiring claim generally depends on evidence, such as the driver's qualification file and employment history, that is usually only uncovered through further investigation, so a police report naming only the driver does not rule out a claim against the company.