Accidents involving commercial trucks are often catastrophic—and legally complex. Unlike typical car accidents, truck crashes may involve multiple liable parties, federal regulations, and corporate legal teams ready to defend billion-dollar companies. Understanding who you can sue and why is crucial to getting fair compensation.
Quick Answer
Yes, you can often sue a trucking company after an accident, not just the driver. Under the legal doctrine of respondeat superior, employers can be held liable for their employees’ negligent actions performed within the scope of employment. Trucking companies may also be directly liable for their own negligence in hiring, training, maintaining vehicles, or pressuring drivers to violate safety regulations.
Why Sue the Trucking Company, Not Just the Driver?
There are strategic reasons to pursue the trucking company:
- Deeper pockets: Trucking companies carry substantial insurance (federal law requires $750,000 minimum for most commercial carriers) and have assets to pay judgments
- Multiple theories of liability: The company may be independently negligent beyond the driver’s conduct
- Better evidence: Companies must maintain driver logs, maintenance records, and other documentation
- Industry practices: Companies often create conditions that lead to accidents (tight schedules, inadequate training)
Who Can Be Sued After a Truck Accident?
| Potentially Liable Party | Basis for Liability |
|---|---|
| Truck driver | Direct negligence (speeding, distracted driving, fatigue, intoxication) |
| Trucking company | Vicarious liability for driver; direct negligence in hiring, training, supervision, or scheduling |
| Truck owner | If different from driver/company, may be liable for negligent entrustment |
| Cargo/Loading company | Improperly loaded or secured cargo causing accident |
| Truck manufacturer | Defective truck design or manufacturing |
| Parts manufacturer | Defective brakes, tires, or other components |
| Maintenance company | Negligent repairs or failure to identify safety issues |
| Broker/Shipper | Negligent selection of carrier or unrealistic delivery demands |
| Government entity | Dangerous road design or poor maintenance |
Common Trucking Company Violations
Trucking companies often prioritize profits over safety. Common violations that lead to accidents include:
Hours of Service Violations
Federal regulations limit how long drivers can operate without rest. Companies that pressure drivers to exceed these limits—or falsify logs—can be held liable for fatigue-related accidents:
- 11-hour driving limit after 10 consecutive hours off
- 14-hour duty limit
- Mandatory rest breaks
- Weekly driving limits
Negligent Hiring
Companies must verify drivers have valid commercial driver’s licenses (CDLs), check driving records, and screen for drug/alcohol problems. Hiring unqualified drivers creates liability.
Inadequate Training
Trucking companies must train drivers on:
- Vehicle operation and safety
- Cargo securement
- Emergency procedures
- Hours of service compliance
Poor Vehicle Maintenance
Federal law requires regular inspections and maintenance. Companies that cut corners on:
- Brake inspections and repairs
- Tire maintenance and replacement
- Lighting and reflector maintenance
- Steering and suspension systems
Overloading
Trucks exceeding weight limits are harder to stop, more prone to rollovers, and cause more damage in accidents.
The Independent Contractor Defense
Trucking companies often classify drivers as independent contractors rather than employees to avoid liability. However, courts look at the actual relationship, not just the label:
Factors suggesting employee status:
- Company controls how, when, and where driver works
- Company provides equipment
- Driver works exclusively for the company
- Company sets routes and schedules
- Driver wears company uniform/logo
Even true independent contractors may trigger company liability if the company was negligent in selecting them.
What Evidence Is Critical?
Truck accident cases require specific evidence that may be destroyed if not preserved quickly:
Electronic Logging Device (ELD) Data
Since 2019, most commercial trucks must have ELDs recording driving time, rest periods, and duty status. This data can prove hours-of-service violations.
Event Data Recorder (Black Box)
Many trucks have devices recording speed, braking, and other data in the moments before a crash.
Driver Qualification Files
Employment records, driving history, training documentation, drug test results.
Maintenance Records
Inspection reports, repair records, out-of-service orders.
Dispatch and Communication Records
Can show if the company pressured the driver to meet unrealistic deadlines.
Cargo Documentation
Bills of lading, weight tickets, loading records.
Important: This evidence can be overwritten or destroyed quickly. Your attorney may need to send a spoliation letter demanding preservation immediately after the accident.
Federal Trucking Regulations
Trucking companies must comply with Federal Motor Carrier Safety Regulations (FMCSRs). Violations can establish negligence. Key regulations include:
- 49 CFR Part 391: Driver qualifications
- 49 CFR Part 392: Driving of commercial motor vehicles
- 49 CFR Part 393: Parts and accessories necessary for safe operation
- 49 CFR Part 395: Hours of service of drivers
- 49 CFR Part 396: Inspection, repair, and maintenance
What Damages Can You Recover?
Given the severity of most truck accidents, damages can be substantial:
Economic Damages
- Medical expenses (often extensive with traumatic injuries)
- Future medical care and rehabilitation
- Lost wages and benefits
- Reduced earning capacity
- Vehicle repair or replacement
- Funeral and burial expenses (wrongful death)
Non-Economic Damages
- Pain and suffering
- Emotional trauma and PTSD
- Loss of enjoyment of life
- Disfigurement
- Loss of consortium
Punitive Damages
May be available when the trucking company acted with reckless disregard for safety—such as knowingly allowing fatigued or impaired drivers on the road.
Dealing with Trucking Company Insurers
After a truck accident, you may be contacted quickly by the trucking company’s insurer or investigators. Be cautious:
- Don’t give recorded statements without legal advice
- Don’t sign releases that could waive your rights
- Don’t accept quick settlements—they’re designed to minimize payout before you know the full extent of your injuries
- Document everything yourself—the company’s team is working against your interests
Statute of Limitations
Time limits for filing truck accident lawsuits vary by state, typically 2-3 years. But you should act faster because:
- Evidence can be destroyed or overwritten
- Witnesses’ memories fade
- Claims against government entities may have much shorter deadlines (sometimes 6 months)
- Complex cases need time to investigate properly
Frequently Asked Questions
Can I sue if the truck driver was an independent contractor?
Potentially. Courts look at the actual working relationship, not just contracts. And even with true independent contractors, the trucking company may be liable for negligent selection or for their own direct negligence.
What if the trucking company’s insurance offers a settlement?
Be very cautious. Initial offers are typically far below what your case is worth. Once you accept, you can’t seek more—even if your injuries worsen. Have an attorney evaluate any offer.
How is a truck accident case different from a regular car accident?
Truck cases involve federal regulations, multiple potentially liable parties, larger insurance policies, specialized evidence (ELDs, black boxes), and better-funded defense teams. They require attorneys experienced in trucking litigation.
What if I was partially at fault?
Most states allow recovery even if you share some fault, though your award may be reduced proportionally. Some states bar recovery if you’re more than 50% at fault.
Should I hire a lawyer for a truck accident case?
Strongly recommended. Trucking companies have experienced legal teams and substantial resources. An experienced truck accident attorney can preserve critical evidence, identify all liable parties, navigate complex federal regulations, and negotiate effectively against well-funded defendants.
When to Contact a Lawyer
Contact a truck accident attorney as soon as possible if:
- You suffered serious injuries in a truck accident
- You’re contacted by the trucking company’s insurer or investigators
- Evidence needs to be preserved (black box data, driver logs)
- Multiple parties may be liable
- Federal regulations may have been violated
- A family member was killed in a truck accident
Most truck accident attorneys offer free consultations and work on contingency. Given the complexity and stakes involved, professional legal representation is often essential.
