Yes. A trucking company may be held responsible when it hires or keeps an unsafe driver and that decision contributes to a serious truck accident. If you were injured in a commercial truck crash in Greenville, South Carolina, the investigation may need to look beyond what the driver did immediately before the collision.
A carrier may have had access to prior traffic violations, crashes, safety complaints, employment records, licensing information, or other warning signs before allowing the driver to operate a large commercial vehicle. Those records can help show whether the company used reasonable care when hiring, supervising, training, or retaining the driver.
Christian & Christian Law represents people injured in truck accidents in Greenville and nearby South Carolina communities. You can learn more about these cases here:
https://www.cclawfirm.com/greenville-truck-accident-lawyers/
When Can a Trucking Company Be Responsible for Hiring an Unsafe Driver?
A trucking company may face a negligent hiring claim when evidence shows that it knew, or reasonably should have known, that a driver was not suitable for the job and that the hiring decision contributed to the crash.
Commercial trucks can weigh many times more than passenger vehicles, so carriers must take driver qualifications and safety history seriously. Depending on the facts, potential warning signs may include:
- A history of serious traffic violations
- Prior preventable crashes
- License suspensions or restrictions
- Previous unsafe driving complaints
- Problems reported by prior employers
- Failure to meet commercial driver qualification requirements
- A history of unsafe conduct involving commercial vehicles
A prior incident does not automatically make the trucking company liable. The evidence must connect the warning signs, the company decision, and the risk that led to your injuries.
A negligent hiring case focuses on what the company knew, what it should have discovered, and whether its decision exposed you to an unreasonable safety risk.
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Learn more about our attorneysWhat Should a Trucking Company Check Before Hiring a Driver?
Federal motor carrier safety regulations require carriers to investigate specific driver qualification and safety information.
Depending on the position and the driver, a carrier may need to review information such as:
- The driver's employment application
- Motor vehicle records
- Commercial driver's license information
- Road test documentation or an accepted equivalent
- Medical qualification information
- Annual reviews of the driver's driving record
- Safety performance information from certain prior Department of Transportation regulated employers
- Training and safety documentation
A trucking company may maintain a driver qualification file as well as separate driver investigation history records. Those records can become important after a crash because they may show what the company reviewed before hiring the driver and what safety information became available later.
A completed file does not automatically prove that the carrier acted reasonably. Your investigation may need to determine what the company actually learned, whether it followed up on warning signs, and whether the driver should have received additional training, restrictions, or a different employment decision.
What Happens If Warning Signs Appear After Hiring?
A trucking company's responsibility does not necessarily end when the driver is hired.
A driver may appear qualified at the start of employment but later develop a record of unsafe conduct. Repeated crashes, citations, complaints, safety violations, or poor evaluations may raise questions about whether the carrier should have provided more supervision, retraining, restrictions, or termination.
These facts can support questions involving negligent supervision or negligent retention.
For example, a commercial driver may receive several serious safety complaints while working for the same carrier. If management learns about those complaints but continues assigning the driver to commercial vehicles without a reasonable investigation or response, the company's conduct may become relevant after a later crash.
The key questions often include:
- What did the company know?
- When did the company know it?
- What did the company do in response?
- Was that response reasonable under the circumstances?
Everyone there was very professional, knowledgeable, and friendly. My car was totaled, and I was a little intimidated talking with a couple of other lawyers in Greenville. But with Christian and Christian, not only did they answer my questions, but they did so in a way that made what could have been a hectic situation, easy. Overall, an excellent experience with high quality lawyers who truly go above and beyond and really try to get you the results or answers you need.
—Rob Young
I met Josh like 4 years ago when my Son was injured at Daycare. He was very concerned about the well being of my Child and Me. Very Understanding Professional and Just a great Staff. If You need a Lawyer that’s all about YOU this is the Place. I just closed a Case on 6/23/2021 from a injury on a Property. They handled everything because no one else would help Me. I’m forever grateful for Your hard Work and Time. Once again Thank You Josh and Sally.
—Rezillai Henderson
My husband was referred to this law firm from another lawyer after his mother passed away while residing in a nursing home. Matt took on his case and we are pleased with how everything turned out. It took a long, long time to finally settle, but it was worth the wait. The staff here is friendly and I’d be happy to recommend them to anyone needing legal assistance.
— Jen
I was referred to Harold by a family friend, and I couldn’t be happier. He took the time to listen to my case, answered all my questions and truly treated me like a friend not a client. His knowledge of medical malpractice is priceless he actually successfully won, one of the first medical malpractice cases in Greenville County.
— Lindsey
How Negligent Hiring Can Contribute to a Greenville Truck Accident
Consider a tractor-trailer traveling along Interstate 85 near Greenville.
The driver makes an unsafe lane change and collides with a passenger vehicle. After the crash, the investigation shows that the truck driver had prior incidents involving similar unsafe lane changes while working for another carrier.
If the new employer was required to investigate the driver's safety history but failed to do so, those facts could become relevant to a negligent hiring claim. The same may be true if the company discovered a concerning history but hired the driver without taking reasonable precautions.
Every case depends on its own evidence. A prior violation alone does not prove liability. The evidence must connect the company's conduct to the risk that resulted in the collision.
What Evidence Can Show That a Trucking Company Was Negligent?
Truck accident claims can involve records that you may not be able to obtain without formal legal requests.
An attorney may seek evidence such as:
- Driver qualification files
- Driver investigation history records
- Prior employer responses
- Motor vehicle reports
- Training records
- Disciplinary records
- Crash histories
- Company hiring procedures
- Internal safety policies
- Dispatch records
- Electronic logging device information
- Telematics data
- Dash-camera footage
- Post-crash investigation documents
- Communications involving managers or safety personnel
These records can help show what the trucking company knew about the driver before the collision and what it learned during the driver's employment.
Electronic information can be especially valuable. Commercial trucks may generate data involving speed, braking, hours of service, location, and other vehicle activity. Depending on the system, some information can be overwritten or lost as time passes.
You can learn more about the investigation of trucking and insurance records here:
https://www.cclawfirm.com/greenville-truck-accident-lawyers/truck-accident-insurance-investigation/
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Can Both the Driver and Trucking Company Be Liable?
Yes. A truck accident can involve more than one theory of responsibility.
The driver may be responsible for conduct such as:
- Speeding
- Distracted driving
- Following too closely
- Failing to yield
- Making an unsafe lane change
- Driving while fatigued
The trucking company may also be responsible for the driver's actions when those actions occurred within the course and scope of employment.
A separate claim may focus on the trucking company's own conduct, including negligent hiring, training, supervision, or retention.
This distinction matters because a serious truck collision may result from more than one failure. The driver may have made the final mistake behind the wheel, while company decisions made weeks, months, or years earlier may have contributed to placing that driver in a position to cause harm.
For more information about parties that may be responsible for a commercial truck collision, visit:
https://www.cclawfirm.com/who-is-responsible-for-your-truck-accident/
Verdicts & Settlements
Why Truck Accident Investigations Go Beyond the Police Report
A police report can provide useful information about a collision, but it usually does not answer every question about trucking company responsibility.
Law enforcement officers may document:
- Vehicle positions
- Driver statements
- Apparent traffic violations
- Witness information
- Roadway and weather conditions
A police report generally does not include a complete review of the carrier's hiring practices, driver qualification records, internal safety policies, prior complaints, or employment history.
If negligent hiring or retention may be involved, your case may require a separate investigation into the company's own records and decisions.
What Compensation May Be Available After a Truck Accident?
If negligent trucking practices caused your injuries, you may be able to pursue compensation allowed under South Carolina law.
Depending on the facts of your case, recoverable losses may include:
- Medical bills
- Future medical treatment
- Lost wages
- Reduced earning capacity
- Property damage
- Pain and suffering
- Physical limitations
- Other losses supported by the evidence
The amount and type of compensation depend on the injuries, available insurance coverage, evidence of fault, future medical needs, and other case-specific facts.
No attorney can guarantee the value or outcome of a truck accident claim.
If you are considering an early settlement offer, you can also review:
How Long Do You Have to File a Truck Accident Claim in South Carolina?
South Carolina Code Section 15-3-530 generally provides a three-year statute of limitations for many personal injury claims.
That does not mean every truck accident case has the same deadline. Different rules can apply depending on the parties involved, the type of claim, and other circumstances.
Waiting can also create evidence problems even when the filing deadline has not expired. For example:
- Electronic truck data can be overwritten
- Video recordings may no longer be available
- Employees may leave the company
- Witness memories can fade
- Records may be archived or destroyed under retention policies
Early investigation can help preserve information that may later become central to your case.
How Can a Greenville Truck Accident Lawyer Help?
If you suspect that unsafe hiring, supervision, training, or retention contributed to your crash, an attorney can investigate both the driver's actions and the trucking company's conduct.
That investigation may include:
- Obtaining driver qualification and investigation records
- Reviewing employment and safety history
- Examining electronic trucking data
- Identifying available insurance policies
- Interviewing witnesses
- Reviewing carrier safety policies and procedures
- Consulting trucking safety or accident reconstruction professionals when appropriate
The investigation can also determine whether other companies played a role. Some commercial trucking operations involve carriers, contractors, vehicle owners, logistics companies, maintenance providers, and other businesses.
Identifying the correct parties can be an important part of building your claim.
You can learn more about attorney Josh Christian here:
https://www.cclawfirm.com/attorney-josh-christian/
Speak With a Greenville Truck Accident Lawyer
If you or someone you love was injured in a commercial truck collision in Greenville, South Carolina, the driver's hiring and safety history should not be overlooked.
Christian & Christian Law can review the crash, investigate the driver and trucking company, and explain the legal options that may be available to you. The firm serves injured people in Greenville and nearby areas.
Call (864) 477-6611.
You can also contact the firm here:
https://www.cclawfirm.com/contact-us/
This article is for informational purposes only and does not constitute legal advice. Speak with an attorney about your specific situation.
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