What Happens When a Trucking Company Hires a Driver with a Dangerous Record in Texas?

 Posted on June 17, 2026 in Truck Accident

If you were hurt in a truck accident in 2026, you may already know the driver caused the crash. However, in many cases, the driver is not the only one who can be held responsible. Trucking companies are required by federal law to screen every driver before putting them on the road, and when a company ignores that obligation and someone gets hurt, the company itself can be held liable. A Frisco, TX truck accident attorney can help you build a case against everyone whose decisions contributed to the crash.

What Does Federal Law Require Trucking Companies to Check Before Hiring a Driver?

Federal law sets strict hiring standards for every trucking company that operates on public roads. Under 49 C.F.R. § 391.23, the company must investigate every new hire. This means checking the driver's work history for the past three years. It also means pulling their motor vehicle record from every state where they held a license at that time. 

The carrier must ensure the driver is qualified, holds the required CDL, and completes the required pre-employment drug test before performing safety-sensitive work. Pre-employment alcohol testing is allowed, but not always required. Carriers that skip these steps put everyone on the road at risk.

The Texas Department of State Health Services recorded 9,244 commercial motor vehicle crashes in Texas in 2023. Federal hiring rules are designed to reduce these risks by making sure carriers check a driver's qualifications before putting them on the road.

What Makes a Truck Driver's Record Too Dangerous to Hire?

Not every mark on a driving record disqualifies someone from truck driving work, but some problems should raise serious concerns before a company makes a hire. Federal law automatically disqualifies certain drivers from operating commercial vehicles, while other issues may show that a trucking company failed to use reasonable care during the hiring process. 

Examples include:

• A DUI or DWI conviction involving a commercial vehicle

• Multiple serious traffic violations, such as reckless driving or excessive speeding

• A pattern of hours of service violations showing a history of fatigued driving

• Operating a commercial vehicle without a valid CDL

If a trucking company hires someone in one of those categories, the company may be directly liable. The same is true if the carrier never checks a driver's record before giving them the keys.

How a Negligent Hiring Claim Works in a Texas Truck Accident Case

In Texas, a negligent hiring claim against a trucking company is separate from any claim against the driver. You are not arguing that the driver made a bad choice at the moment, but rather that the company made a bad hiring decision before the crash.

To build this type of claim, attorneys request the driver's qualification file. Under 49 C.F.R. § 391.51, carriers are required to keep this file available. The file should contain hiring records, motor vehicle records, drug test results, and annual review records. When a company fails to collect these documents, or when the records show they hired someone despite clear warning signs, that evidence can support a direct claim against the carrier.

Trucking companies are required by federal law to carry significant insurance coverage, and individual drivers rarely have the same financial resources. Filing a claim against the carrier directly gives you access to the coverage that can recover compensation for medical bills, lost wages, and property damage.

Why Negligent Hiring Accident Cases Require a Different Kind of Investigation

A negligent-hiring case rests on what the company did before the crash, not on what happened at the scene. That means the critical evidence is found inside the carrier's own records: the driver's qualification file, the background check, the motor vehicle report they pulled, and any internal notes from the hiring process.

Carriers are not always cooperative about handing over these records, even though federal law requires them to keep qualification files. Getting the required documents typically requires a formal legal request, and in some cases, a court order. An experienced attorney knows what records to request and how to spot missing information.

Schedule a Free Consultation with Frisco, TX Truck Accident Attorneys

The truck accident lawyers at Burress Injury Law are ready to dig into the carrier's records and fight for what you are owed. With more than 1,000 five-star reviews, Burress Injury Law has earned the trust of clients throughout Texas. The firm has also awarded $129,500 in scholarships through Spring 2026 as part of its commitment to the communities it serves. 

Call 214-726-0016 today to schedule a free consultation with our Collin County, TX personal injury lawyers.

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