Are Delivery Companies Liable for Hiring Underqualified Workers?

 Posted on August 06, 2026 in Delivery Driver Accidents

Delivery companies can be held directly responsible when they put an unqualified driver on the road who then causes an accident. This is called "negligent hiring" and is a widely recognized cause for civil lawsuits.

If you were injured by a delivery driver in 2026, a Dallas, TX delivery accident lawyer can investigate whether the company's hiring decisions contributed to your accident.

How Does Negligent Hiring Apply to Delivery Companies in Texas?

Negligent hiring may happen when a company hires a person who is not qualified for the job. For delivery companies, this may include:

• Hiring someone without a valid license 
• Ignoring serious driving violations or DWI or DUI convictions 
• Failing to complete required drug tests or ignoring failed tests 
• Failing to make sure the driver meets required medical standards

Federal regulations 49 CFR Part 391 outline minimum qualifications for some commercial delivery drivers. These rules do not apply to every delivery van. When these rules apply, carriers must obtain the driver’s motor vehicle record from every state where the driver held a license during the past three years. Some drivers must also provide up to 10 years of past commercial driving work and pass a DOT medical exam. For CDL drivers covered by federal drug and alcohol testing rules, carriers must also check the FMCSA Drug and Alcohol Clearinghouse for past violations.

Under Texas law, a company may be responsible if it hires an unqualified driver and that driver causes a crash. A negligent hiring claim looks at what the company did wrong when it hired the driver. In some cases, a court may also award exemplary damages (sometimes called punitive damages), if the company acted with gross negligence. These damages punish very serious wrongdoing. They are separate from money paid for losses such as medical bills.

Why Do Delivery Companies Hire Unqualified Drivers If They Can Be Sued for It?

A company may rush to hire drivers so it can put more vehicles on the road and complete more deliveries. Even though this poses a liability risk, it sometimes motivates companies to ignore proper hiring protocols.

Delivery companies may also incentivize unsafe behavior in their employees. A company may profit more when it completes more deliveries. This means that the more packages an individual can deliver in a given time, the greater the profit margins. To encourage speed, companies may create extremely tight delivery schedules or offer bonuses to drivers who deliver the most packages. In some cases, they may also penalize drivers for failing to meet delivery quotas.

This can create safety risks to other drivers and pedestrians, especially in conjunction with an unqualified or unsafe driver. In spite of this, companies sometimes determine that the short-term gains are worth the risks.

What Does a Negligent Hiring Claim Require in Texas?

To support a negligent hiring claim in Texas, an injured person generally must show that:

1. The driver was unfit for the job
2. The company knew or should have known this
3. The company hired the driver anyway
4. The hiring decision and the driver’s conduct caused or contributed to the crash and injuries

The strongest evidence for these cases is often found in the company’s own records. These can include driver qualification files and, if the carrier obtained one, FMCSA Pre-Employment Screening Program (PSP) reports. These reports show whether the carrier checked the driver's accident and inspection history. Companies should also have records of required drug and alcohol tests, whether internal hiring requirements were met, and other details about an employee’s job fitness. Emails, memos, or policy documents prioritizing speed in hiring may also be valuable evidence.

Often, the most straightforward way to review and collect this evidence is to have a qualified attorney investigate the case. An experienced attorney can gather evidence and verify whether a company’s actions contributed to an accident.

Call a Dallas, TX Delivery Vehicle Lawyer Today

Filing a claim against a delivery business may feel overwhelming, but Delivery Driver Accident Attorney, Operated by the Law Office of Jerry D. Andrews, P.C. is here to help. We have experience with claims dealing specifically with delivery companies. Our Dallas, TX delivery accident attorney offers free consultations and is ready to review your case.

Call us at 469-461-4870 to get started.