Although most motor carriers think that if they comply with Federal Motor Carrier Safety Administration (FMCSA) regulations for background checks and other screening procedures, they will be protected from negligent hiring or retention claims, this is not the case. Federal regulations and common law negligence requirements all factor in and certain states have easier thresholds for liability than others. Companies should perform more comprehensive and rigorous background checks than those required by FMCSA regulations to help the court and juries show that additional steps were taken above and beyond the minimum standards of the FMCSA.
