What Is Negligent Hiring In Accident Litigation

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Negligent hiring occurs when an employer knows, or should have known, that an employee posed an unreasonable risk of harm to others and they hired that person anyway. This isn’t simply about a bad driver having an accident. It’s about the employer’s due diligence—or lack thereof—in vetting their employees before putting them behind the wheel. Did they check driving records? Did they conduct thorough background checks? Did they ignore red flags that should have disqualified the applicant?

To successfully pursue a negligent hiring claim, we have to prove a direct link between the employer’s failure to properly investigate and the accident. For instance, if the driver had multiple prior DUIs, and the employer failed to uncover this during a background check, that’s strong evidence of negligence. The same applies if the driver had a history of reckless driving or a commercial driving license suspension. These are the types of things a responsible employer would uncover before entrusting someone with a company vehicle.

I’ve been practicing personal injury law in San Diego for over 13 years, and I’ve seen firsthand how insurance companies attempt to shield employers from liability. They will argue the driver was independently negligent and that the company had no way of knowing about their prior bad acts. That’s where having an attorney familiar with the nuances of these claims becomes critical—particularly because I was trained by former insurance defense attorneys, giving me intimate knowledge of how insurance companies evaluate, devalue, and deny claims.

What Evidence Do I Need to Prove Negligent Hiring?

Gathering the right evidence is crucial in a negligent hiring case. Simply claiming the employer should have known isn’t enough. We need concrete proof of their failure to exercise reasonable care.

This can include the driver’s employment application, driving record, any internal company policies regarding employee background checks, and evidence that the employer was aware of prior incidents involving the driver. Subpoenaing records from the employer is often necessary. We also explore whether the company had a pattern of hiring unqualified drivers, which could demonstrate a systemic negligence.

Additionally, documentation of the accident itself – police reports, witness statements, medical records, and photos of the damage – will all play a key role in establishing the extent of your injuries and the driver’s negligence, which are essential elements linking back to the employer’s liability.

Can I Sue Both the Driver and the Employer in a Negligent Hiring Case?

Absolutely. In many cases, you can and should pursue claims against both the driver and the employer. These are separate legal theories of recovery. The driver is liable for their own negligence in causing the accident, while the employer is liable for their negligence in hiring an unfit employee.

Importantly, the insurance coverage may differ between the driver’s personal policy and the employer’s commercial policy. Pursuing both claims maximizes your potential for recovery. It’s also worth noting that the employer’s policy limits are often significantly higher than an individual driver’s policy, giving you access to potentially greater compensation.

Recovering from an accident can be a difficult journey, but understanding your legal options is the first step towards securing the justice you deserve. Don’t allow an insurance company to dictate the outcome of your case—let an experienced attorney investigate all potential avenues of recovery, including negligent hiring.

What if the Employer Claims They Performed a Background Check?

Even if the employer claims they conducted a background check, we still need to scrutinize its thoroughness. Was it a comprehensive check, or simply a cursory glance? Did they verify the driver’s entire driving history, or just the past few years? Were there any discrepancies or red flags that were overlooked?

In San Diego, there are specific requirements for employment background checks, particularly for drivers. We’ll investigate whether the employer complied with all applicable laws and regulations. Often, the employer’s internal processes will be inadequate, creating grounds for a negligent hiring claim even if they technically performed some sort of check.

We will also consider the quality of the background check service used. Some services are more reliable and comprehensive than others. If the employer used a substandard service, that could be evidence of negligence.

How Does Comparative Fault Affect a Negligent Hiring Claim?

California follows a ‘pure’ comparative fault system, meaning your recovery can be reduced even if you were partially at fault for the accident. Civ. Code § 1714 states that your damages will be proportionally reduced based on your percentage of responsibility. However, this doesn’t automatically disqualify you from recovering compensation.

In a negligent hiring case, the insurance company will likely argue you contributed to the accident through some form of negligence—speeding, distracted driving, or failure to yield, for example. It’s crucial to anticipate these arguments and gather evidence to demonstrate your reasonable care. We will examine all the facts to accurately assess your percentage of fault and protect your right to maximum compensation.

Remember, even if you bear some responsibility, you may still be entitled to substantial damages from both the driver and the employer. A skilled attorney can navigate the complexities of comparative fault and fight for the recovery you deserve.

What is the Statute of Limitations for Filing a Negligent Hiring Claim?

In California, you generally have two years from the date of the accident to file a personal injury lawsuit. This includes negligent hiring claims. Civil Code § 3333.4 sets the strict deadline for these cases. Missing this deadline can permanently bar your claim, so it’s crucial to act quickly.

However, determining the precise statute of limitations can be complex, particularly if there are multiple parties involved or if the accident occurred outside of California. It’s always best to consult with an attorney as soon as possible to ensure you don’t miss any crucial deadlines.

Don’t wait until the last minute to pursue your claim. Gathering evidence, investigating the employer’s hiring practices, and negotiating with insurance companies takes time. Protect your rights by contacting an experienced attorney today.