Can I Sue a Trucking Company for My Injuries?

Yes, you can sue a trucking company for injuries caused by one of their trucks, and in most cases, you should. Trucking companies are often more liable than the individual driver because they control the conditions that lead to accidents: hiring unqualified drivers, pressuring drivers to exceed hours-of-service limits, failing to properly maintain vehicles, and incentivizing speed over safety.

Under Texas law, trucking companies can be held liable through several legal theories. Respondeat superior holds employers responsible for the negligent acts of employees performed within the scope of employment. Negligent hiring applies when the company hired a driver with a history of violations, DUIs, or accidents. Negligent supervision applies when the company failed to monitor driver behavior, logbook compliance, or drug testing. Negligent maintenance applies when the company failed to keep the truck in safe operating condition.

Federal Motor Carrier Safety Administration (FMCSA) regulations require trucking companies to maintain detailed records of driver qualifications, vehicle inspections, maintenance schedules, and hours of service. When a company violates these regulations, that evidence can be powerful in court.

The insurance policies carried by trucking companies are typically $1 million or more, which means recoveries in these cases are often substantially higher than in standard auto accidents. However, this also means the trucking company's insurer will aggressively fight your claim. Having an experienced truck accident attorney is essential.