About the Course
Introduction
This CLE course will offer guidance on proving or defending negligent entrustment, hiring, training, or retention claims against motor carriers, commercial drivers, and insurance companies in the wake of an accident.
Description
Claims against a trucking company for negligent entrustment, hiring, or retention may seek and may result in increased compensatory damages, punitive damages, expanded discovery, and evidentiary and admissibility advantages for the plaintiff. Motor carriers should perform reasonable investigations into all employees to ensure that an individual's past history does not indicate that they would be unsuitable in their position, especially for safety-sensitive positions like truck drivers.
In many jurisdictions, however, defendant trucking companies can avoid duplicative claims for negligent supervision and limit the evidence at trial by admitting vicarious liability for their driver's negligence under the theory of respondeat superior since this admission would prevent plaintiffs from also pursuing negligent entrustment, hiring, or retention claims.
Other jurisdictions allow both claims to proceed simultaneously, inquiring into factors such as the adequacy of the employer's pre-hiring investigation and continued oversight of the employee. Understanding how different states' courts address this issue is critical to establishing your litigation strategy.
Listen as our authoritative panel discusses the latest developments in negligent entrustment, hiring, or retention claims against motor carriers and insurance companies, and best practices for discovery, evaluation, and trial.
Presented By
Mr. Kestner has extensive experience with truck accident cases, both as a private attorney and representative for trucking insurers. Prior to founding his law firm, Mr. Kestner served for 10 years as a claims adjuster and litigation manager with one of the largest tractor trailer insurers in the U.S. He now uses this defense experience to represent individuals injured by the negligent acts of trucking companies. Mr. Kestner has also served as personal counsel to policyholders in disputes with their insurers as well as serving as an expert witness in insurance litigation matters. He sits on the Executive Committee of AAJ’s Interstate Trucking Litigation Group, he is the Amicus Committee Chair for AAJ’s Interstate Trucking Litigation Group and its Special Project Director.
Mr. Lewis has been an expert witness in the trucking & transportation industry for over two decades. He specializes in FMCSA and DOT compliance and training, towing and recovery operations and policies, general transportation operations, and safety policies and procedures. Mr. Lewis obtained his Class A commercial driver’s license in 1987 and boasts more than two million no-fault accident-free miles for his efforts. He has served as a transportation terminal manager, safety director, truck driver trainer, and owner/operator and founded his own full-service freight brokerage. Mr. Lewis's expertise extends to the automotive industry, where he has consulted on cases involving lemon law, vehicle financing and leasing, dealership fraud, breach of warranty, diminution in vehicle value, automotive repair and maintenance, dealership service and sales policy, and the appraisal of automobiles, recreational vehicles, medium and heavy-duty trucks, motorcycles and watercraft. His extensive industry experience has seen him qualified as an expert witness in both federal and state courts. He has produced hundreds of written reports and has given expert testimony over 900 times.
Mr. Smartnick's practice is predominantly devoted to transportation industry clients, with an emphasis on commercial carriers and operators facing catastrophic loss claims. He is a key member of the firm’s Rapid Response Team, responsible for providing immediate on-site investigation and counsel after a trucking incident and working in tandem with third parties to preserve evidence. Beyond the transportation industry, Mr. Smartnick defends aviation maintenance facilities, municipal entities, and public sector employees in civil litigation matters across jurisdictions in Michigan and Ohio.
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This 90-minute webinar is eligible in most states for 1.5 CLE credits.
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Date + Time
- event
Tuesday, April 7, 2026
- schedule
1:00 p.m. ET./10:00 a.m. PT
I. Negligent entrustment, hiring, and retention
A. Elements of each claim
B. Jurisdictional differences in claims
II. Overview of strategies to prevent claims
III. Impact of the Federal Motor Carrier Safety Administration regulations and the kinds of records you need to ensure your client is in compliance
IV. Importance of effective background investigations
V. Discovery strategies
A. Plaintiff
B. Defense
VI. Affirmative defenses and motion practice
A. Defense
B. Plaintiff
VII. Certain kinds of evidence/strategies arguments at trial
A. Plaintiff
B. Defense
The panel will review these and other crucial issues:
- What makes negligent entrustment, hiring, or retention claims unique and challenging for personal injury plaintiff and defense counsel?
- What are the legal and practical considerations for personal injury attorneys pursuing negligent entrustment, hiring, or retention claims?
- What defenses are often raised in negligent entrustment, hiring, or retention claims, and how does the plaintiff's counsel respond to these defenses?
- What documentation can be used to support a claim or defense for negligent hiring, training, entrustment, or retention claims, and how do defense counsel confirm that their client is in compliance with applicable regulations on document retention and oversight?
- What is the role of background checks in negligent entrustment cases?
