Can I sue a Georgia carrier for negligently hiring an unsafe truck driver?

· 3 min read

A trucking company can be held responsible not only for what its driver did on the road but for putting an unfit driver behind the wheel in the first place. Negligent hiring is a recognized way to hold a Georgia carrier directly accountable when it should have known a driver posed a danger.

Direct liability for the carrier’s own choices

Most truck-crash claims target the driver’s negligence, and the carrier is often responsible for that conduct because the driver was acting in the scope of employment. Negligent hiring is different: it focuses on the company’s own conduct in selecting and retaining the driver. The theory is that an employer must use reasonable care in hiring, and a carrier that hires or keeps a driver it knew or should have known was unsafe can be liable when that unfitness leads to a crash.

For years, Georgia carriers argued that admitting the driver acted in the scope of employment shut down any separate hiring claim. The Georgia Supreme Court rejected that position in Quynn v. Hulsey (2020), holding that the apportionment statute, O.C.G.A. § 51-12-33, lets these direct-liability claims proceed against the company even after it concedes responsibility for the driver, because a jury must be allowed to weigh every contributing fault.

To make out the claim, the injured party generally must show the carrier failed to exercise reasonable care in the hiring or retention decision, that the driver was in fact unfit or dangerous, and that this unfitness caused or contributed to the collision. A clean hire who simply made a mistake does not support negligent hiring; the claim depends on warning signs the carrier should have caught.

Facts that can support such a claim include:

  • A history of crashes, serious moving violations, or hours-of-service problems.
  • A suspended or improper commercial license, or a failure to verify qualifications.
  • Prior drug or alcohol violations the carrier overlooked.
  • Ignoring background or driving-record checks that federal and industry standards expect.

Why the claim can matter

Federal regulations require carriers to maintain driver qualification files and to screen drivers, which means a documentary trail often exists to show what the company knew or should have learned. Related theories, such as negligent retention, supervision, training, or entrustment of the truck, frequently travel alongside negligent hiring and reach the same goal of holding the company accountable for its own failures rather than only the driver’s. Pursuing the carrier directly can also be significant because the company typically has more substantial coverage and resources than the individual driver.

Where the suit names both the driver and the company that hired him, the jury allocates a percentage of fault to the careless hiring decision separately from the driving itself, so the company’s screening failures carry their own weight at trial. The hiring and qualification records are central to this claim, and because some are retained only for limited periods, preserving them early helps keep the proof available.

The bottom line

Yes, a Georgia carrier can be sued for negligently hiring an unsafe truck driver when it failed to use reasonable care in screening or keeping the driver and that unfitness helped cause a crash. The claim targets the company’s own conduct, draws on required qualification records, and is resolved within Georgia’s apportionment framework.

This article is for general educational and informational purposes only and is not legal advice. It does not create an attorney-client relationship, and Georgia law may change. For advice about a specific situation, consult a licensed Georgia personal injury attorney.

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