Trucking accidents often result in serious injuries or even fatalities due to the size and weight of commercial trucks. When someone is injured in an accident involving a large truck, they may not know who to hold accountable— the driver, the trucking company, or both. This blog will dive deep into the role of lawyers who sue trucking companies and the legal distinctions between suing the trucking company versus the individual driver.
At Ryan Orsatti Law, our attorneys focus on representing plaintiffs in personal injury cases, including those involving trucking accidents. Texas law provides specific ways to approach claims and lawsuits in these cases. Understanding the legal principles that govern liability can help injured victims make more informed decisions.
Why Suing Trucking Companies Is Different from Suing Drivers
When a truck accident occurs, there may be multiple parties involved, and each of these parties can be held liable under different legal theories. The legal differences between suing a trucking company and suing the driver often hinge on employment law, agency principles, and federal regulations.
Here’s why trucking accident lawsuits are complex:
- Vicarious Liability (Respondeat Superior)
- Under Texas law, the legal doctrine of “respondeat superior” holds that employers (like trucking companies) are responsible for the negligent actions of their employees (such as truck drivers) if those actions occur within the scope of employment.
- This means if a driver is on the job and causes an accident, the company that employs them can be held liable for the damages, even if the company was not directly involved in the accident.
- Direct Liability of Trucking Companies
- In addition to vicarious liability, trucking companies can also be sued directly for negligence. This often includes things like:
- Negligent hiring: Hiring drivers without properly vetting their background, experience, or driving history.
- Negligent training: Failing to adequately train drivers in safe driving practices.
- Negligent supervision: Not monitoring drivers to ensure they are following safety protocols, obeying hours-of-service regulations, or adhering to the company’s standards.
- Negligent maintenance: Failing to maintain trucks to safe standards, leading to accidents caused by mechanical failure.
- In addition to vicarious liability, trucking companies can also be sued directly for negligence. This often includes things like:
- Independent Contractor Status
- One legal complication often arises around whether the driver was an employee or an independent contractor. Trucking companies may claim that the driver is an independent contractor in an attempt to escape liability. However, Texas law takes a broad view of employer liability, meaning even contractors can sometimes lead to a company’s liability if the company exerts significant control over their work.
Key Differences Between Truck Driver and Trucking Company Liability
1. Driver’s Liability: The Individual Perspective
Truck drivers can be held liable for their negligent or reckless actions while operating a commercial vehicle. Some common causes of truck driver liability include:
- Speeding or reckless driving
- Driving under the influence
- Distracted driving
- Fatigue (often in violation of federal hours-of-service regulations)
When pursuing a personal injury claim against the driver, the plaintiff must prove that the driver’s actions directly led to the accident and the resulting injuries.
In cases where the driver is found responsible, the driver may be held personally accountable. However, in many instances, the driver’s financial ability to pay for damages may be limited, making the trucking company a more viable target for recovery.
2. Trucking Company’s Liability: The Corporate Perspective
The trucking company is typically more financially capable of compensating victims than an individual driver. Holding the company accountable requires proving either direct negligence or that the company is vicariously liable for the driver’s actions.
The company can also face liability for non-driving-related factors such as improper vehicle maintenance, overloading the truck, or setting unrealistic delivery schedules that lead to unsafe driving behavior.
Because the trucking company typically carries more comprehensive insurance policies, suing the company is often crucial to ensuring that victims are fully compensated for their losses.
Federal Regulations and Their Impact on Liability
Truck drivers and trucking companies must follow a variety of federal regulations, most of which are established by the Federal Motor Carrier Safety Administration (FMCSA). Violations of these regulations can serve as a basis for legal claims against both the driver and the company.
Some key regulations include:
- Hours-of-Service (HOS) Rules: Designed to prevent driver fatigue, these regulations limit the number of hours a driver can be on the road without rest.
- Driver Qualification Rules: Drivers must meet certain health and experience requirements to operate commercial vehicles.
- Vehicle Inspection and Maintenance Standards: Trucking companies must regularly inspect and maintain their vehicles to ensure safe operation.
- Drug and Alcohol Testing: Trucking companies must follow strict guidelines for testing drivers for drugs and alcohol.
When a truck accident occurs, any violations of these regulations can be used as evidence to establish negligence in a personal injury lawsuit.
How Trucking Company Insurance Impacts Personal Injury Claims
Unlike individual drivers, trucking companies are required to carry much higher levels of insurance coverage. The minimum insurance limits depend on the type of cargo the truck is hauling, but it is not uncommon for policies to provide millions of dollars in coverage.
This can be both a blessing and a challenge for injured victims. On the one hand, higher insurance limits can provide more compensation for medical bills, lost wages, and other damages. On the other hand, trucking companies and their insurers are often more aggressive in defending these claims due to the large sums of money at stake.
Strategies for Suing Trucking Companies
When pursuing a personal injury case against a trucking company, there are several important strategies that experienced attorneys like those at Ryan Orsatti Law can use:
- Investigating the Accident Thoroughly
- A comprehensive investigation of the accident scene, driver’s records, and truck maintenance logs can reveal violations of federal regulations or company policies.
- Obtaining the truck’s “black box” (an electronic logging device that records important data like speed, braking, and hours driven) can provide crucial evidence.
- Filing Multiple Claims
- In many trucking accidents, both the driver and the company can be held liable. By filing claims against both, lawyers can maximize the potential recovery for the injured victim.
- Holding Third Parties Liable
- Sometimes, third parties such as cargo loaders or truck maintenance companies may also be responsible for the accident. Identifying all potentially liable parties can increase the chances of full compensation.
- Navigating Complex Insurance Issues
- Trucking companies often have layers of insurance coverage, which can complicate the claims process. An experienced attorney can identify all applicable policies and negotiate with insurance adjusters to secure a fair settlement.
Case Example: Truck Driver Negligence vs. Company Negligence
Consider a case where a truck driver fell asleep at the wheel, leading to a multi-vehicle accident on a Texas highway. While the driver’s fatigue is a clear example of negligence, the investigation revealed that the trucking company pressured the driver to meet an unreasonable delivery deadline, causing him to exceed the hours-of-service limits.
In this scenario, both the driver and the company could be held liable. The driver would be responsible for negligent driving, while the company could be held accountable for encouraging or even requiring unsafe driving practices.
Conclusion: Choosing the Right Lawyer for Trucking Accident Cases
If you or a loved one has been injured in a truck accident, it’s crucial to work with a lawyer who understands the complexities of these cases. At Ryan Orsatti Law, we focus on representing individuals who have been harmed by the negligence of truck drivers and trucking companies.
By understanding the legal differences between suing a driver versus a company, our attorneys are able to craft legal strategies that maximize our clients’ compensation. We investigate every angle, including driver negligence, company policies, and federal regulation violations, to hold all responsible parties accountable.
