Can You Sue the Trucking Company After an Accident?
Can You Sue the Trucking Company After an Accident?
Blog Article
After a serious truck accident, victims often wonder who can be held legally responsible. While it may seem that the truck driver is the only party at fault, many victims are surprised to learn they may also have the right to sue the trucking company. In fact, in many cases, going after the company is not only possible — it's the smartest and most effective legal strategy.
Trucking companies carry commercial insurance policies with high coverage limits, and they may be directly responsible for the crash due to poor hiring practices, lack of training, or unsafe business practices. This article explains when and how you can sue a trucking company after an accident, what it takes to prove their liability, and how a skilled truck accident lawyer can help you recover maximum compensation.
When Can You Sue the Trucking Company?
You can sue the trucking company if they were negligent, directly or indirectly, in a way that contributed to the crash. Trucking companies have a legal duty to operate their fleet safely, which includes responsibilities like:
Hiring qualified drivers
Maintaining their vehicles
Complying with federal safety regulations
Ensuring drivers follow legal hours-of-service rules
Properly loading and securing cargo
If the company fails to fulfill any of these obligations, and that failure leads to an accident, they may be held legally accountable.
Situations When You Can Sue the Trucking Company:
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The driver was working for the company at the time of the crash
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The company hired an unqualified or unsafe driver
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The truck was poorly maintained or had known mechanical issues
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The company encouraged illegal driving practices (like driving past hours-of-service limits)
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The trucking company violated federal or state safety laws
Understanding Vicarious Liability
In many cases, you may sue the company under a legal doctrine known as vicarious liability. This means the employer (the trucking company) can be held responsible for the negligent actions of its employee (the truck driver), as long as the driver was performing their job duties at the time of the accident.
Even if the company didn’t directly cause the crash, they are still legally responsible because they put the driver on the road.
However, this does not apply if the driver was:
Driving their own truck as an independent contractor
Using the truck for personal errands or unauthorized tasks
Operating outside of the scope of employment
In those cases, you may need to pursue a claim against the driver’s individual insurance or determine if the company still had control over their activities.
Direct Negligence: When the Company Is At Fault
Beyond vicarious liability, trucking companies can also be directly negligent in a number of ways:
Negligent Hiring
Trucking companies must conduct thorough background checks. If they hired a driver with a:
History of DUI
Suspended license
Record of reckless driving or violations
Lack of valid commercial driver’s license (CDL)
…the company may be liable for negligent hiring. A truck accident lawyer can subpoena employment records to build this argument.
Inadequate Training
Drivers of commercial vehicles require special training to handle large trucks safely. If the company failed to properly train the driver on how to handle braking, sharp turns, or emergency situations, they may be held accountable.
Poor Vehicle Maintenance
Commercial trucks are required to undergo regular inspections and maintenance. If worn brakes, bald tires, broken lights, or steering failures caused the crash, the company may be at fault for neglecting vehicle upkeep.
Pressuring Drivers to Break the Law
Trucking companies often pay by the mile, which encourages drivers to work longer hours. If a company pressured a driver to skip breaks, falsify logbooks, or exceed legal driving limits, they may be liable for creating an unsafe work environment.
Evidence Needed to Sue a Trucking Company
Proving a trucking company is at fault takes more than a police report. It requires a deep investigation and access to key documents that show how the company operates. Your attorney will gather evidence such as:
Driver qualification files
Training manuals and safety protocols
Vehicle maintenance and inspection logs
Black box (ECM) data from the truck
Hours-of-Service logbooks
Dispatch records and communication
Company safety ratings and prior violations
Trucking companies are legally required to keep these records, but they may try to delay or destroy them. A fast response from your legal team is critical to preserving this evidence.
Why It’s Better to Sue the Company Instead of Just the Driver
While it’s possible to sue only the truck driver, that limits your ability to recover full compensation. Truck drivers often carry personal insurance with lower coverage limits, which may not cover your medical bills, lost wages, and long-term damages.
Suing the company is often better because:
They typically have $750,000 to $5 million in insurance coverage
They may have multiple policies covering different parts of liability
They can be held responsible for both direct and indirect negligence
They are more likely to settle to avoid reputation damage and public lawsuits
A truck accident lawyer will help you determine whether to sue the driver, the company, or both, based on the facts of your case.
What If the Truck Driver Was an Independent Contractor?
Not all truck drivers are employees. Some are independent owner-operators who lease their trucks to larger companies. This can complicate liability, but you may still be able to sue the trucking company if:
They controlled the driver’s schedule and delivery route
They dictated company policies and safety protocols
They allowed the driver to operate under their DOT number
Courts often look at the level of control the company had over the driver. If the driver was effectively working under the company’s authority, the company may still be held liable — even if they claim the driver was an independent contractor.
How a Truck Accident Lawyer Helps You Sue the Company
Filing a lawsuit against a trucking company is not like a typical car accident case. These companies have powerful legal teams and deep insurance resources, and they will fight hard to avoid paying out claims.
An experienced truck accident lawyer will:
Investigate all aspects of the crash
Identify every possible liable party
Secure and preserve key documents and data
Handle communication with insurers and legal teams
Negotiate for a high-value settlement
Take your case to trial if necessary
The earlier you involve a lawyer, the stronger your case will be. Acting quickly ensures that evidence is preserved and your rights are protected from day one.
Damages You Can Recover When Suing a Trucking Company
When you sue a trucking company, you may be entitled to recover compensation for a wide range of damages, including:
All medical expenses (past and future)
Rehabilitation and therapy costs
Lost wages and loss of earning capacity
Pain and suffering
Emotional distress and PTSD
Permanent disability or disfigurement
Property damage
Wrongful death damages (if you lost a loved one)
Punitive damages in extreme negligence cases
The total value of your case depends on the severity of your injuries and the strength of the evidence. Suing the company opens the door to higher compensation because of their large insurance policies and deeper pockets.
Final Thoughts
If you were injured in a truck accident, don’t assume the driver is the only one who can be held responsible. Trucking companies are often behind the scenes — cutting corners, ignoring safety, or pressuring drivers to take risks. When their negligence causes harm, they can and should be held accountable.
Suing the trucking company gives you access to more compensation, more insurance coverage, and a greater chance of justice. With the help of a trusted truck accident lawyer, you can build a strong case, hold the company accountable, and secure the financial support you need to move forward.
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