Can I Sue A Truck Driver For Crash Injuries? (2026)

Can You Sue Both the Truck Driver and Trucking Company?

In some situations, you may have the right to sue both the driver and the company. These scenarios typically arise when they have independent grounds for liability.

For instance, you might have a claim against a driver who deliberately hit you during a road rage incident and a claim against the company for ignoring past incidents when hiring the driver.

Who Can Be Held Liable in a Truck Accident?

Liability is determined using tort principles. Negligence happens when someone unintentionally causes an injury through a failure to exercise reasonable care, while intentional torts occur when someone performs a deliberate action that they knew would cause harm.

Truck accidents can have many potentially liable parties, from the driver’s employer to the truck’s manufacturer, depending on the case’s circumstances.

When Is the Truck Driver Liable?

You may be asking yourself, “Can I sue a truck driver instead of their employer?” There are a few situations where you can, in fact, sue a driver for their actions.

First, a driver may be liable if they’re not an employee, but rather an independent contractor. On the other hand, some victims wonder, “Can I sue a truck driver who is an owner-operator?” Many truck drivers are owner-operators who are contracted by trucking companies to haul loads. Since owner-operators are self-contained trucking companies, you can sue them for negligence.

Second, a driver may be liable for intentional actions. Employers argue that they are not responsible for drivers who intentionally hit other vehicles because it is outside the scope of the driver’s job duties.

Third, a driver may be liable for crashes caused during a “frolic and detour.” This occurs when a driver departs from their job duties to do something for their own benefit. Thus, a driver might be liable for a crash that occurred while picking up a friend at the airport.

When Is the Trucking Company Liable?

Trucking companies are generally liable for truck accidents under two theories. A company may be held responsible for its own negligence. Trucking company negligence examples include:

• Failing to maintain its trucks or trailers
• Neglecting to conduct mandatory drug and alcohol tests
• Hiring drivers without conducting background checks
• Hiring or retaining a driver after identifying a past or current safety issue
• Ignoring or encouraging violations of hours of service rules
• Failing to supervise drivers, loaders or repair technicians

These problems often arise from company policies, so they provide the basis for holding the company liable for any resulting crashes.

Also, a company is usually liable for employee negligence. This doctrine, called respondeat superior, means the employer is responsible for the employee’s acts performed in the course and scope of their employment.

A trucking company may be liable, then, when a driver causes a crash while tailgating another vehicle. Even though the company did not direct the driver to tailgate, it still occurred while the truck driver was acting for the company’s benefit.

Usually, if the employer is liable under respondeat superior, you cannot sue the employee. Instead, the employer may seek reimbursement from the employee if you win your truck accident lawsuit.

What Other Parties Could Be Responsible?

In addition to the driver and trucking company, you may also have injury claims against these parties:

• Manufacturers of defective vehicles or equipment
• Shippers who improperly labeled cargo
• Loaders who failed to balance or secure the cargo

To include these parties, your truck accident lawyer must have evidence linking their actions to the cause of the crash.

How Do You Determine Fault in a Trucking Accident?

Fault is determined based on the facts of the case. Most cases are based on negligence proven with evidence showing a duty of care, a breach of duty, losses, and causation. Causation is often the key element. You must show that the accident was the natural and foreseeable result of the other party’s carelessness.

What Evidence Do You Need to Build Your Case?

The victim will need evidence to prove liability and loss. Examples of evidence used in truck accident cases include:

• Witness testimony
• Expert witness analysis and accident reconstruction
• Photos and videos of the crash scene
• Medical and financial records showing your physical and financial losses

For example, in a case involving a red light violation, you would need witnesses who saw the truck driver run the red light and medical records to show the injuries that resulted.

What Compensation Can You Claim After a Truck Accident?

You can seek compensation for both economic and non-economic losses. Your economic damages cover the financial expenses you incurred, such as lost income and medical bills. Non-economic losses include all the unquantifiable impacts of the crash on your quality of life, like pain and suffering.

Get Matched With an Experienced Truck Accident Attorney Today

So when can I sue a truck driver? Sorting out the liability for truck accident injuries can be complicated. ConsumerShield can connect you with vetted, experienced personal injury lawyers in your area. Contact us to schedule a free case review today.