Do You Sue the Driver, the Company, or Both After a Trucking Accident?

The outcome is often devastating when a large truck collides with a passenger vehicle. Beyond dealing with physical injuries, emotional trauma, and property damage, there’s also the complicated task of figuring out who’s responsible for the accident. Is it the truck driver? The trucking company? Both? Or could there be another party involved altogether?

Understanding liability after a trucking accident is critical to getting the compensation you deserve. Trucking accidents aren’t like regular car accidents—they tend to involve multiple layers of responsibility, complex industry regulations, and well-funded legal teams working to minimize payouts. To help you make sense of it all, here’s what you need to know about determining fault and taking legal action.

Who Could Be Responsible?

Victims of trucking accidents often assume that the driver behind the wheel of the truck is solely at fault, but that’s not always the case. Here are the key players who could potentially share responsibility:

1. The Truck Driver

Truck drivers are human; like anyone else on the road, they can make mistakes. Common examples of driver negligence include:

Driving While Fatigued – Truckers often work long hours to meet tight delivery deadlines, increasing the risk of drowsy driving.
Reckless Driving – Speeding, tailgating, or weaving through traffic can easily lead to a crash.
Driving Under the Influence – Alcohol, drugs, or even prescription medications can impair judgment and reaction times.
Distracted Driving – Using a phone, eating, or fiddling with onboard systems can divert attention from the road.

If a truck driver’s actions directly caused the accident, they could be held responsible.

2. The Trucking Company

Trucking companies aren’t off the hook just because they weren’t sitting behind the wheel. Under a legal principle known as vicarious liability, employers can sometimes be held responsible for their employees’ actions if the employee was working when the accident happened.

Additionally, trucking companies can also be negligent in the following ways:

Hiring inexperienced or unqualified drivers.
Failing to properly train drivers.
Pressuring drivers to meet unrealistic deadlines, encouraging unsafe behavior.
Failing to maintain trucks leads to accidents caused by mechanical failures such as brake problems or tire blowouts.

3. The Truck Manufacturer or Maintenance Crew

Sometimes, the fault lies with the vehicle itself. The manufacturer, mechanic, or maintenance crew could share liability if a defective part (like a faulty brake system or malfunctioning steering) caused the crash.

4. The Cargo Loading Team

Improperly loaded cargo can be another factor in trucking accidents. Overloaded or uneven loads can make large trucks difficult to maneuver or cause them to tip over. If this contributed to the accident, the team responsible for loading the cargo could be held liable.

5. Third Parties

Other drivers on the road, construction crews, or even government entities responsible for maintaining roads might share blame if their actions contributed to unsafe conditions.

How Do You Determine Fault?

Establishing fault in a trucking accident isn’t always straightforward. It requires a thorough investigation, evidence gathering, and often, input from legal experts. Here’s how the process typically works:

Step 1: Gather Evidence

The more evidence you have, the clearer the picture of what caused the accident. Key pieces of evidence in trucking cases include:

The Police Report – This often contains an unbiased summary of what happened.
The Driver’s Logbook – Truck drivers are required by law to keep logs of their hours worked, which can show whether they exceeded allowable driving limits.
Data from the Truck’s Black Box – Similar to an airplane’s black box, this device records data such as speed, braking, and engine performance.
Maintenance Records – These can reveal whether the truck was properly maintained.
Eyewitness Testimony – People who saw the crash can provide valuable accounts.
Dashcam or Surveillance Footage – Video evidence can capture the accident as it occurred.

Step 2: Hire Experts

Accident reconstruction specialists can analyze the scene and use available evidence to determine what went wrong. Additionally, medical experts may be needed to assess the extent of your injuries and calculate damages.

Step 3: Identify All Liable Parties

Once the evidence is reviewed, it’s easier to pinpoint who was negligent. Liability may lie with just one party, such as the truck driver, or it may be shared among multiple parties, like the driver and the trucking company.

Should You Sue the Driver, the Company, or Both?

The answer to this depends on the specifics of your case, but in many instances, victims pursue action against both the driver and the company. Here’s why:

Holding the Driver Accountable – If the crash was caused by the truck driver’s negligence (e.g., distracted driving, speeding, or running a red light), they can be named in your lawsuit.
Holding the Company Accountable – Trucking companies often have much deeper pockets and larger insurance policies than individual drivers if the company was negligent (e.g., failing to train drivers, improper maintenance, or pressuring drivers to violate federal regulations), pursuing a claim against them increases the likelihood of fair compensation.

By including both the driver and the company in your claim, you leave no stone unturned in securing the financial support you need to recover.

What Damages Can You Claim?

After a trucking accident, victims can seek compensation for a variety of damages, including:

Medical Expenses include hospital stays, surgeries, rehabilitation, medications, and ongoing treatments.
Lost Wages – If your injuries prevent you from working, you can recover compensation for lost income.
Pain and Suffering – For the physical and emotional toll of the accident.
Property Damage – To cover repairs or replacement of your vehicle.
Wrongful Death – If the accident resulted in the loss of a loved one, their family may be entitled to additional damages.

Why Legal Representation Matters

Trucking companies and insurers often have aggressive legal teams working to minimize liability. Trying to go up against them on your own can be incredibly difficult—especially if you’re still recovering from your injuries. Here’s how an experienced trucking accident lawyer can help:

Investigate Thoroughly – Lawyers know how to gather and preserve evidence before it’s destroyed.
Navigate Complex Laws – Federal and state regulations govern trucking accidents. A lawyer can determine which laws apply to your case.
Negotiate Aggressively – Insurance adjusters are trained to downplay claims, but an attorney knows how to push back for a fair settlement.
Fight in Court – If the case goes to trial, an attorney will represent your interests and fight for the maximum compensation you’re entitled to.

Odessa Truck Accident Lawyer

In conclusion, understanding liability in trucking accidents is essential for anyone involved in such incidents. By exploring the roles and responsibilities of the key parties, victims can determine the best legal strategy for pursuing compensation. Whether suing the driver, the trucking company, or both, understanding the legal and financial implications is crucial for achieving a successful outcome. If you or a loved one has been involved in a trucking accident in Abilene, TX, don't hesitate to reach out to Hanna Allen, PLLC for expert legal guidance. Our experienced team is dedicated to helping you navigate the complexities of your case and secure the compensation you deserve. Contact us today at (432) 220-2649 to learn more about how we can assist you in your pursuit of justice.