When bus accidents result from unqualified, poorly trained, or dangerous drivers, the bus company's hiring and training practices come under scrutiny. Negligent hiring, negligent training, and negligent retention are direct liability theories that hold bus companies accountable for putting unsafe drivers behind the wheel.

Negligent Hiring Claims

Negligent hiring occurs when a company employs someone unfit for the position without conducting adequate background investigation. For bus drivers, companies must verify driving records, check criminal history, confirm commercial driver's license validity, and investigate employment history.

A bus company is liable for negligent hiring if it knew or should have known through reasonable investigation that the driver posed a risk to passengers. Evidence supporting negligent hiring claims includes:

  • Prior accidents or moving violations on the driver's record
  • Previous DUI or reckless driving convictions
  • Termination from prior driving jobs for safety violations
  • Failure to verify CDL status or endorsements
  • Inadequate or nonexistent background checks

Federal regulations require motor carriers to investigate prospective drivers' safety history for the previous three years. Failing to conduct required investigations establishes negligence.

Negligent Training Claims

Negligent training occurs when a company fails to adequately prepare drivers for their responsibilities. Bus companies must train drivers on safe vehicle operation, passenger safety procedures, emergency response, defensive driving techniques, and company policies.

Training must be ongoing, not just initial. Companies should provide refresher training, address performance issues, and update drivers on new procedures or equipment. Evidence of inadequate training includes:

  • No formal training program or documentation
  • Training that doesn't cover required safety topics
  • Insufficient behind-the-wheel training before solo operation
  • No follow-up training after incidents or near-misses
  • Failure to train on specific vehicle types or equipment

Negligent Retention Claims

Negligent retention occurs when a company continues to employ a driver despite knowing or having reason to know they're unfit. Once a company learns of driver safety issues, it has a duty to take corrective action or remove the driver from service.

Evidence supporting negligent retention includes:

  • Accidents or incidents that weren't addressed
  • Passenger complaints that went uninvestigated
  • Failed drug or alcohol tests without termination
  • Traffic violations that weren't documented or addressed
  • Supervisory observations of unsafe driving

Negligent Supervision

Negligent supervision relates to a company's failure to monitor and correct driver behavior. Bus companies must supervise drivers through periodic performance reviews, monitoring of complaints and incidents, observation of actual driving, review of data recorder information, and drug and alcohol testing.

Companies cannot simply hire drivers and hope for the best. Active supervision is required to identify and correct safety issues before they cause accidents.

Proving Corporate Negligence

These claims require evidence of the company's policies and practices. Discovery in litigation can uncover hiring procedures (or lack thereof), training curricula and records, personnel files with disciplinary records, incident reports and complaints, management communications about safety, and internal audits or regulatory citations.

Federal motor carriers must maintain records of driver qualifications, training, and safety performance. Failure to maintain required records is itself evidence of negligent practices.

Why These Claims Matter

Negligent hiring, training, and retention claims are direct claims against the bus company, separate from vicarious liability for the driver's negligence. These claims may support punitive damages when corporate conduct shows conscious disregard for passenger safety.

Direct corporate liability claims also prevent companies from avoiding responsibility by blaming "rogue employees." When the company's own failures enabled the accident, it cannot escape liability by pointing fingers at the driver.

Pursuing Your Claim

Establishing corporate negligence requires thorough investigation and discovery. Your attorney can subpoena company records, depose management and human resources personnel, retain experts on transportation industry standards, and build a case showing how corporate failures led to your accident.

If you were injured due to an unqualified or poorly trained bus driver, contact an attorney experienced in transportation injury litigation to evaluate potential claims against the company.