Can You Sue the Trucking Company in Addition to the Truck Driver in a Personal Injury Case?

When a large truck crashes, the results can be devastating. Victims often face serious injuries, long recovery periods, and overwhelming expenses. Many people believe the truck driver is the only one responsible for the accident, but in many cases, the trucking company may also share the blame.

Understanding how liability works in trucking accidents helps you see the bigger picture and it can make a major difference in how a claim is handled and what compensation may be available. This article explains how trucking company liability works, what laws apply, and how negligence is proven in such cases.

Understanding Liability in Truck Accidents

In most truck accidents, both the driver and the company can play a role in causing the crash. The concept that allows a company to be held responsible for its employee’s actions is called vicarious liability, also known as respondent superior. This means that if a driver causes an accident while performing their job duties, the employer can be held legally accountable.

The key factor is the relationship between the driver and the company.

• If the driver is an employee, the company is more likely to be responsible for their actions.
• If the driver is an independent contractor, the company may try to avoid liability by claiming it has limited control over how the driver works.

Another important element is direct negligence. A trucking company can be held directly liable if its own actions or failures contributed to the accident. This includes poor hiring, lack of training, or failure to maintain its fleet properly.

“Vicarious liability allows employers to be held responsible for their employee’s actions if they occur within the scope of employment.”

Negligence and Direct Liability of Trucking Companies

Trucking companies have a legal duty to follow federal and state safety rules, including those established by the Federal Motor Carrier Safety Administration (FMCSA). When these companies cut corners, they risk the safety of everyone on the road. Some of the most common ways they can be found negligent include:

Negligent Hiring and Training

Companies are expected to hire qualified drivers with proper commercial licenses. If they hire someone with a history of traffic violations, poor training, or substance abuse, they can be held liable when that driver causes an accident.

Failure to Maintain Vehicles

Commercial trucks require regular inspections and maintenance. Ignoring repairs or skipping scheduled maintenance can lead to dangerous mechanical failures such as brake or tire issues.

Hours-of-Service (HOS) Violations

The FMCSA limits how long drivers can be on the road without rest. Some trucking companies pressure drivers to exceed these limits to meet tight delivery schedules. Fatigue-related crashes are often the result.

Improper Loading and Cargo Issues

Overloading a truck or failing to secure cargo properly can cause rollovers, jackknifes, or spilled loads that endanger other vehicles. When any of these factors are present, both the driver and the trucking company may share liability for the resulting damages.

When the Trucking Company May Not Be Liable

While companies are often responsible for their drivers, there are certain cases where they may not be held accountable. If the driver acted outside the scope of employment, such as using the truck for personal reasons or driving under the influence, the company may not be legally responsible.

Additionally, if the driver is an independent contractor, the company may argue that it doesn’t have direct control over how the driver operates. However, if the company dictates work schedules, equipment standards, or safety procedures, courts may still find the company partially liable.

Nevada’s comparative negligence law also affects liability. If the injured person is found partially at fault, their recovery amount is reduced accordingly.

In cases where large carriers are involved, consulting an experienced Las Vegas truck accident lawyer can help clarify how the law applies to complex employer-employee arrangements.

Evidence That Helps Prove Trucking Company Liability

Proving that a trucking company was negligent requires solid evidence. Legal teams typically look for the following types of documentation:

• Black box or electronic logging device (ELD) data showing speed, braking, and driving hours.
• Driver logs and company records that indicate pressure to exceed Hours-of-Service limits.
• Maintenance reports revealing skipped repairs or inspection failures.
• Hiring and training records that show unqualified or unsafe drivers were employed.
• Eyewitness statements or surveillance footage confirming unsafe practices or driving behavior.

Such evidence helps determine whether the trucking company failed to follow required safety standards or directly contributed to the crash.

Examples of Shared Liability

These examples show that fault in trucking accidents is often shared, depending on the company’s level of control and compliance with safety laws.

Frequently Asked Questions

Can I hold both the truck driver and company liable after a crash?

Yes, if the company employed the driver or was negligent through hiring, training, or safety violations that contributed to the crash.

What is vicarious liability and how does it apply in trucking cases?

It’s a legal rule that holds employers responsible for employees’ actions performed during work-related duties.

What type of evidence helps prove a trucking company’s negligence?

Black box data, driver logs, inspection reports, and hiring records often help show how a company failed to follow safety regulations.

Are trucking companies liable for independent contractors?

Not usually, unless the company controls the driver’s work schedule, vehicle use, or imposes unsafe delivery demands.

How does Nevada’s comparative negligence law affect these claims?

If you are less than 50% at fault, you can recover compensation reduced by your share of responsibility.

What federal rules regulate trucking company safety practices?

FMCSA standards govern driver rest periods, vehicle inspections, and recordkeeping to promote safety in commercial transport.

Conclusion

Determining liability after a truck accident is rarely simple. While the driver may have caused the crash, the trucking company’s role in hiring, supervision, or maintenance often plays a major part. Understanding laws like Nevada’s comparative negligence rule and federal FMCSA regulations can help victims recognize how fault is established and what evidence matters most.

Truck accidents are complex and require careful investigation to uncover all responsible parties. Gina Corena & Associates has extensive experience with Nevada trucking laws and the resources needed to analyze these cases thoroughly.

If you or a loved one has been injured in a truck accident, reach out for a free consultation to learn about your rights and possible legal options.