What is Negligent Entrustment?

Negligent Entrustment is probably the single biggest factor in lawsuits against trucking companies.

It’s very important to not only understand what Negligent Entrustment is, but how you can protect your company from this common legal strategy.

• Negligent Entrustment – The entrusting of a dangerous article (motor vehicle) to one who is reckless or too inexperience or incompetent to use it safely.
• Negligence – Failure to take proper care in doing something, or failure to use reasonable care, resulting in damage or injury to another.

It is important when discussing Negligent Entrustment to understand what negligence is and what could constitute a negligent act. To put it simply, negligence is failing to do something that you know you’re supposed to do. You may not have realized this, but when you applied for your company’s Motor Carrier authority you signed a safety certification statement that binds you to upholding the safety standards laid out in the USDOT’s Federal Motor Carrier Safety Regulations (Section IV). The FMCSR handbooks contain about 700 pages of guidelines intended for Motor Carriers to maintain a safe operation. These are just guidelines and putting your safety program in place involves your own interpretation, but there are still pages upon pages of guidelines you must follow, because remember you have already signed a statement that you would follow these regulations. Now we can’t cover every guideline here, but I can share some advice to consider when forming your safety program in a way that strives to eliminate negligence.

Document, Document, Document

The most important part of any Safety Program, and everything you do within the program is to have the proof and documentation of what you’re doing. Whether its pre-trip protocols, safety incentives, or hiring practices it must be in writing. A well-documented safety program should show you when problem areas are starting to creep up and help you to adapt accordingly. A well-documented safety program will also show underwriters and insurance companies that your claims history, and safety scores are not because of luck, but because you have a culture of safety in your highest ranks.

Safety Programs Are Not Rotisserie Chickens

Most of us can remember Ron Popeil’s catchphrase “Set it and forget it,” from his marketing commercials. Unfortunately, we cannot create a safety program and just leave it a lone to operate by itself. There must be a constant review of the program, its guidelines, and their effectiveness. This is the only way to know if the program is working, or if there are deficiencies that need your attention before the result is catastrophic.

We didn’t know is Not an Answer

The FMCSRs also lay out guidelines regarding the hiring and review of your drivers’ records. There’s not a specific requirement on which reports you must run and how often, but we must remember one vital detail; Just because you did not know of something does not mean you won’t be found negligent. In fact within the legal definition of Negligent Entrustment, there is clarification that if the information was easily discoverable, you should know about it. Once the information is known you also have to act upon the information and make a decision on that driver. The decision does not always have to be termination, but it is your responsibility to retrain the driver.

Accidents happen and they’re always going to happen. The best way to protect yourself and company from the consequences after an accident is to ensure that you are operating your trucking company with an emphasis on safety.

Educating our clients is at the core of our beliefs, and we’re here to help with any questions you may have for your safety program.