The legal theory of negligent hiring is based on the premise that an employer can be held liable for the violent act or wrongdoing of his or her employees if the employer did not investigate adequately the employee's background or qualifications. Negligent hiring claims often involve employees both who are in a position to pose a threat of injury to the public (such as a driver or delivery person) and who subsequently attack another employee or an outside third party (such as a client or customer).

In hiring drivers, employers should perform background checks for criminal records at the federal, state and city level, as well as search civil and driving records, and verify employment history. A key consideration for potential drivers would be a thorough search of not only local, but also regional driving records, including traffic citations and DUI (driving under the influence) convictions.