LITTLE ROCK, AR – Trucking companies that place unqualified or dangerous drivers behind the wheel of commercial vehicles can be held liable when those hiring decisions lead to serious crashes. Arkansas truck accident attorney Joseph Gates of Gates Law Firm, PLLC (https://www.gateslawpllc.com/negligent-entrustment-and-hiring-in-arkansas-trucking-companies-for-unqualified-drivers/) explains how negligent entrustment and negligent hiring claims work and what evidence demonstrates company fault in these cases.
According to Arkansas truck accident attorney Joseph Gates, negligent entrustment occurs when a trucking company entrusts a commercial vehicle to a driver it knew or should have known was unqualified, incompetent, or dangerous. Under Arkansas law, when a company that owns or controls a vehicle turns it over to a person who clearly poses a danger to themselves or others, that owner may be held accountable. The claim focuses on the act of putting the vehicle in the hands of an unqualified driver, regardless of whether that driver is an employee or an independent contractor.
Arkansas truck accident attorney Joseph Gates notes that these claims recognize the extreme danger posed by commercial trucks on Arkansas highways. An 18-wheeler can weigh up to 80,000 pounds, approximately 20 times more than the average car. With heavy commercial traffic moving through Pulaski County on I-40 and I-430 daily, connecting Little Rock with North Little Rock and beyond, placing such massive vehicles in the hands of unqualified drivers creates devastating risks for everyone sharing the road.
“Trucking companies have a duty to keep dangerous drivers off Arkansas roads, but too often they cut corners to fill seats behind the wheel,” Gates explains. “After a serious wreck, the question isn’t just what the driver did in the moment, but what the company knew or should have known long before the keys were handed over.”
Negligent hiring occurs when a trucking company fails to conduct proper due diligence before hiring a driver, resulting in the employment of someone who poses a substantial risk to public safety. This claim centers on what the company knew or should have known about the driver’s dangerous propensities before putting them behind the wheel. Arkansas law requires that employers exercise reasonable care in hiring decisions, particularly for positions involving significant risk to others.
The Federal Motor Carrier Safety Administration imposes strict requirements on trucking companies operating throughout Arkansas. Under federal regulations, companies must maintain comprehensive driver qualification files that include completed employment applications, investigation of safety performance history with previous employers, motor vehicle records, verification of proper licensing and medical certification, background checks revealing criminal history, and drug and alcohol testing results. When trucking companies cut corners on these requirements, they violate federal regulations and potentially commit negligent hiring.
Attorney Gates emphasizes that the trucking industry faces a significant driver shortage, creating pressure on companies to fill positions quickly. Some companies respond by lowering their hiring standards or rushing through the screening process. This cost-cutting approach prioritizes profit over public safety. Untrained or inexperienced drivers are cheaper to hire, making them attractive to companies focused on their bottom line.
Trucking companies’ obligations extend beyond the initial hiring decision. Negligent retention occurs when a company becomes aware of a driver’s incompetence or dangerous conduct but fails to take corrective action, including termination. Similarly, negligent supervision involves failing to adequately train, monitor, or oversee drivers after hiring. Examples include keeping a driver employed despite failed drug tests, ignoring complaints from the public about dangerous driving, and failing to discipline drivers who violate hours-of-service regulations.
Building a successful negligent entrustment or hiring case requires substantial evidence demonstrating the trucking company’s knowledge of the driver’s incompetence or its failure to properly investigate the driver’s qualifications. The most critical evidence is the driver’s qualification file, which federal regulations require companies to maintain. Missing, incomplete, or falsified documentation in these files can be powerful evidence of negligent hiring practices.
“When companies face liability for putting unqualified drivers on the road, they are incentivized to implement more rigorous screening procedures and maintain proper supervision,” notes Gates. “These improvements benefit all Arkansas motorists by making the roads safer for everyone.”
One significant advantage of negligent hiring and entrustment claims is the potential for punitive damages. Arkansas law allows punitive damages when a defendant’s conduct demonstrates willful, wanton, or malicious intent, or reckless disregard for the rights of others. In trucking cases, punitive damages may be awarded when a company knowingly hired a driver with a dangerous history, deliberately ignored federal safety regulations, or falsified records. The purpose of punitive damages is not only to compensate the victim but to punish the wrongdoer and deter similar conduct by other companies.
Arkansas has a three-year statute of limitations for personal injury claims, meaning individuals generally have three years from the date of the accident to file a lawsuit. However, waiting to take legal action can jeopardize cases. Critical evidence can be lost or destroyed, witnesses may become unavailable, and memories of the accident may fade. Trucking companies are required to preserve certain records, but only after they receive notice of a potential claim.
Gates advises that negligent entrustment and negligent hiring cases send a clear message to the trucking industry that public safety cannot be an afterthought. When companies ignore driver qualifications, overlook past violations, or rush unsafe operators onto the road, they should be held fully accountable for the harm that follows. For those who have been injured in truck accidents involving potentially unqualified drivers, contacting an experienced truck accident attorney may provide guidance on available legal options.
About Gates Law Firm, PLLC:
Gates Law Firm, PLLC is a Little Rock-based law firm dedicated to representing individuals seriously injured in commercial trucking crashes. Led by attorney Joseph Gates, a University of Arkansas School of Law graduate with over a decade of experience, the firm provides focused, client-first advocacy throughout Arkansas. For consultations, call (501) 779-8091.
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Website: https://www.gateslawpllc.com/
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Company Name: Gates Law Firm PLLC
Contact Person: Joseph Gates
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Phone: (501) 779-8091
Address:2725 Cantrell Rd Ste 200
City: Little Rock
State: Arkansas 72202
Country: United States
Website: https://www.gateslawpllc.com/