Negligent Entrustment and Hiring: Suing Arkansas Trucking Companies for Unqualified Drivers

Trucking companies have a duty to keep dangerous drivers off Arkansas roads, but too often they cut corners to fill seats behind the wheel. When a carrier hands an 80,000-pound rig to someone who isn’t properly trained, licensed, or fit to drive, the results can be catastrophic for everyone sharing highways like I-40, I-30, and I-430.

Arkansas personal injury lawyer Joseph Gates understands that claims for negligent entrustment and negligent hiring focus on company choices, whether the business ignored warning signs, skipped background checks, or allowed a clearly unqualified driver to operate a commercial truck. 

After a serious wreck, the big 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. A truck accident lawyer in Little Rock can thoroughly review company records, driver qualification materials, safety histories, and supervision practices to show how negligent entrustment or hiring played a role in the crash. To discuss your options, reach out to Gates Law Firm, PLLC, at (501) 779-8091.

Negligent Entrustment in Arkansas Trucking Cases

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 someone who 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.

In trucking cases, this legal idea recognizes that commercial trucks are extremely dangerous vehicles. An 18-wheeler can weigh up to 80,000 pounds, about 20 times more than the average car. Every day, heavy truck traffic moves through Pulaski County on I-40 and I-430, connecting Little Rock with North Little Rock and beyond. When such a massive vehicle is placed in the hands of an unqualified driver, the results can be devastating.

Arkansas courts have established that negligent entrustment claims require proof that the trucking company entrusted a vehicle to someone they knew or should have known posed a risk to public safety. This can include drivers with:

• Poor driving records or multiple traffic violations
• History of accidents or safety violations
• Suspended or revoked licenses
• Drug or alcohol abuse issues
• Disqualifying medical conditions
• Inadequate training or experience

The key distinction of negligent entrustment is that it 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. Even if a trucking company does not employ the driver, it can still be held liable if it controlled the driver’s activities or the vehicle at the time of the accident.

Negligent Hiring: Holding Companies Accountable for Background Check Failures

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. For trucking companies, this duty is heightened due to the potentially deadly consequences of hiring unsafe drivers. The standard for negligent hiring cases is whether the company knew or, in the exercise of reasonable care, should have known of the driver’s incompetency.

Federal Regulations Create Minimum Hiring Standards

The Federal Motor Carrier Safety Administration (FMCSA) imposes strict requirements on trucking companies operating throughout Arkansas. Under 49 CFR Part 391, companies must maintain comprehensive driver qualification files that include:

Pre-Employment Requirements:

• Completed employment application
• Investigation of the driver’s safety performance history with previous DOT-regulated employers for the preceding three years
• Motor vehicle records from each state where the driver held a license for the past three years
• Verification that the driver meets minimum qualifications, including proper licensing, medical certification, and English proficiency
• Background checks revealing criminal history and prior employment
• Drug and alcohol testing results

Ongoing Monitoring Requirements:

• Annual review of each driver’s motor vehicle record
• Regular drug and alcohol testing
• Performance evaluations and safety record reviews
• Documentation of any violations, accidents, or complaints

When trucking companies cut corners on these requirements, they violate federal regulations and potentially commit negligent hiring. Common examples include:

• Failing to conduct thorough background checks
• Ignoring red flags in a driver’s history, such as DUI convictions, multiple accidents, or reckless driving citations
• Hiring drivers without proper commercial driver’s licenses (CDL)
• Neglecting to verify medical certifications
• Skipping drug and alcohol testing
• Failing to contact previous employers about the driver’s safety record

The Driver Shortage Pressure: Why Companies Cut Corners

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. However, these savings come at a tremendous cost to Arkansas families who share the road with unqualified truck drivers. 

With the heavy flow of commercial traffic through central Arkansas, especially along the I-40 corridor that connects Memphis to Fort Smith and runs through Little Rock, the risks are high when companies allow poorly vetted drivers to operate 18-wheelers.

Negligent Retention and Supervision

Trucking companies’ obligations don’t end after hiring. 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 of negligent retention and supervision include:

• Keeping a driver employed despite failed drug tests
• Ignoring complaints from the public about dangerous driving
• Failing to discipline drivers who violate hours-of-service regulations
• Not providing adequate training for specialized cargo or equipment
• Allowing drivers to continue working after accidents or safety violations
• Neglecting to monitor driver logs and inspection reports

Arkansas trucking companies must maintain continuous oversight of their drivers. Annual performance reviews, regular safety meetings, and ongoing training are not optional, they’re legal requirements designed to protect the public.

Claim Type	What the Claim Is About	Example of Company Conduct
Negligent entrustment	Allowing a driver to operate a commercial truck when the company knew or should have known the driver was unsafe or unqualified	Letting a driver with a suspended license, serious safety violations, or medical disqualifications drive an 18-wheeler
Negligent hiring	Failing to properly screen a driver before hiring	Hiring a driver without reviewing prior driving records, verifying a valid CDL, or completing required drug testing
Negligent retention or supervision	Failing to take action after learning a driver posed a safety risk	Keeping a driver on the road after failed drug tests, repeated complaints, or preventable crashes

Proving Negligent Entrustment and Hiring Claims

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. Key evidence includes:

Driver Qualification Files

The most critical evidence in these cases is the driver’s qualification file, which federal regulations require companies to maintain. These files should contain:

• Employment applications showing work history
• Results of background checks and previous employer inquiries
• Motor vehicle records from all states
• Drug and alcohol test results
• Training certificates and road test documentation
• Medical examiner certificates
• Annual driving record reviews

Missing, incomplete, or falsified documentation in these files can be powerful evidence of negligent hiring practices.

Investigation Records

Your attorney can obtain records showing:

• What background checks did the company perform (or fail to perform)
• Communications between the company and previous employers
• Internal policies and procedures for hiring and retention
• Safety complaints filed against the driver
• Disciplinary records and incident reports
• Black box data from the truck showing violations of safety rules

Expert Testimony

Industry experts can testify about:

• Standard hiring practices in the trucking industry
• Violations of federal regulations
• What a reasonable trucking company would have discovered through proper screening

Driver History

Documents showing the driver’s history can prove the company should have known about problems:

• Prior accidents and citations
• License suspensions or revocations
• Criminal records
• Failed drug tests
• Violations of hours-of-service rules

Arkansas’s Modified Comparative Fault Rule

Arkansas follows a modified comparative fault rule under Section 16-64-122, which affects how damages are awarded in negligent entrustment and hiring cases. If you are found to be less than 50 percent at fault for the accident, you can recover damages reduced by your percentage of fault. However, if you are 50 percent or more at fault, you cannot recover any damages.

Trucking companies and their insurers often try to shift blame to accident victims to reduce their liability. Having experienced legal representation is crucial to counter these tactics and protect your right to full compensation.

Joseph Gates – Little Rock Truck Accident Lawyer

Damages Available in Negligent Entrustment and Hiring Cases

Victims of truck accidents caused by negligently hired or entrusted drivers may recover several types of damages:

Compensatory Damages

• Past and future medical expenses
• Lost wages and diminished earning capacity
• Property damage
• Pain and suffering
• Physical impairment and disfigurement
• Loss of enjoyment of life
• Loss of consortium for family members

Serious truck accidents often require extensive medical treatment at facilities throughout the area, including UAMS Medical Center in Little Rock, CHI St. Vincent Infirmary, Baptist Health Medical Center, and Arkansas Children’s Hospital for younger victims. These medical expenses can quickly escalate, particularly when victims suffer traumatic injuries requiring long-term care, multiple surgeries, or rehabilitation services.

Punitive Damages

One of the most significant advantages 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
• The company deliberately ignored federal safety regulations
• There is evidence of a pattern of hiring unqualified drivers
• The company falsified or destroyed 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. When trucking companies face significant financial consequences for negligent hiring practices, they are more likely to prioritize safety over profit.

Why These Claims Matter Beyond Individual Cases

Negligent entrustment and hiring claims serve a broader purpose than individual compensation. They hold trucking companies accountable for systemic failures in their hiring and oversight practices. When companies face liability for putting unqualified drivers on the road, they are incentivized to:

• Implement more rigorous screening procedures
• Invest in driver training and education
• Maintain proper supervision and monitoring
• Remove dangerous drivers from the road
• Comply with federal safety regulations

These improvements benefit all Arkansas motorists by making the roads safer for everyone.

The Importance of Acting Quickly

Arkansas has a three-year statute of limitations for personal injury claims, meaning you generally have three years from the date of the accident to file a lawsuit. However, waiting to take legal action can jeopardize your case. 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. The sooner you contact an attorney, the sooner that preservation notice can be sent, protecting the evidence you need to prove your case.

Whether your accident occurred at a high-risk intersection like the I-430 and I-630 interchange, along the heavily traveled Cantrell Road corridor, or on dangerous stretches of Highway 67/167 heading toward Jacksonville and Cabot, prompt legal action helps preserve crucial evidence from the accident scene and company records that demonstrate hiring failures.

Holding Companies Accountable for Public Safety

Negligent entrustment and negligent hiring cases send a clear message to the trucking industry: 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. Pursuing these claims not only helps you recover what you’ve lost, it also helps prevent the same careless practices from hurting someone else.

If you suspect a trucking company’s poor hiring or supervision played a role in your crash, don’t wait to get answers. Strong evidence can disappear quickly, and early investigation is often key to proving fault. For trusted guidance and determined advocacy, contact Gates Law Firm, PLLC, at (501) 779-8091 to discuss your next steps.