Law

Can You Sue the Trucking Company, Not Just the Driver, for a Big Rig Crash?

Yes — in many big rig accident cases, you can sue not only the truck driver but also the trucking company. In fact, holding the company accountable is often the key to recovering full compensation after a serious crash. A skilled big rig accident attorney understands that these cases rarely involve just one negligent individual. They often expose systemic failures within trucking companies.

If you were injured in a collision with an 18-wheeler or commercial truck, identifying all responsible parties is critical.

Why Trucking Companies Are Often Liable

Truck drivers do not operate in isolation. They are part of a larger commercial operation that includes employers, dispatchers, maintenance crews, and logistics systems.

A trucking company may be held liable if its actions — or failures — contributed to the crash. This can include:

  • Hiring unqualified or unsafe drivers
  • Failing to train drivers properly
  • Encouraging unrealistic delivery schedules
  • Ignoring safety regulations
  • Failing to maintain vehicles
  • Allowing drivers to exceed legal driving hours

A knowledgeable big rig accident attorney investigates company policies and practices to determine whether corporate negligence played a role.

The Legal Theory: Vicarious Liability

Under California law, employers can be held responsible for the actions of their employees if those actions occur within the scope of employment. This is known as vicarious liability.

If a truck driver caused an accident while performing job duties, the trucking company may be legally responsible for the damages.

This is important because trucking companies typically carry larger insurance policies than individual drivers.

Independent Contractors vs. Employees

Trucking companies often argue that drivers are independent contractors rather than employees to avoid liability. However, courts look beyond labels and examine the level of control the company had over the driver.

Factors that may establish company responsibility include:

  • Control over routes and schedules
  • Ownership of the truck
  • Requirements for company branding or uniforms
  • Supervision of driver behavior

Even if a driver is classified as an independent contractor, the company may still be liable under certain circumstances.

Direct Negligence by the Trucking Company

In addition to vicarious liability, trucking companies can be directly liable for their own negligence.

Examples include:

Negligent Hiring
 Hiring drivers with poor driving records or insufficient qualifications.

Negligent Training
 Failing to provide adequate safety training or supervision.

Negligent Maintenance
 Allowing trucks to operate with faulty brakes, worn tires, or mechanical issues.

Hours of Service Violations
 Pressuring drivers to exceed federally regulated driving limits, leading to fatigue-related crashes.

A skilled big rig accident attorney will examine company records to identify these violations.

Federal and State Safety Regulations

Trucking companies must comply with strict regulations, including those set by the Federal Motor Carrier Safety Administration.

These rules govern:

  • Driver hours of service
  • Vehicle maintenance
  • Cargo loading
  • Drug and alcohol testing
  • Recordkeeping

Violations of these regulations can serve as strong evidence of negligence.

Other Potentially Liable Parties

In addition to the driver and trucking company, other parties may also share responsibility, such as:

  • Cargo loading companies
  • Truck manufacturers
  • Maintenance providers
  • Brokers or logistics companies

Big rig accident cases often involve multiple defendants, each with their own insurance policies.

Why These Cases Are More Complex

Trucking accidents are more complicated than standard car accident claims. Companies often deploy legal teams immediately after a crash to protect their interests.

Evidence such as:

  • Driver logs
  • Electronic logging device data
  • Maintenance records
  • Dispatch communications

must be preserved quickly before it is lost or altered.

A knowledgeable big rig accident attorney acts quickly to secure this evidence.

What Compensation Can You Recover?

If a trucking company is liable, you may be entitled to compensation for:

  • Medical expenses
  • Future medical care
  • Lost wages
  • Reduced earning capacity
  • Pain and suffering
  • Property damage

Because trucking companies often carry higher insurance limits, claims involving corporate liability may result in higher compensation.

Why Acting Quickly Matters

Trucking companies are required to maintain certain records only for limited periods. If legal action is delayed, important evidence may be destroyed.

Early investigation helps preserve critical information that can strengthen your case.

Why a Big Rig Accident Attorney Is Essential

Big rig accident cases involve complex legal issues, multiple defendants, and aggressive insurance defense strategies. A skilled big rig accident attorney can investigate the crash, identify all liable parties, and pursue maximum compensation.

At Bojat Law Group, we represent victims of serious trucking accidents throughout California. We hold both drivers and trucking companies accountable for negligence.

If you were injured in a big rig accident, call (818) 877-4878 for a free consultation. You pay nothing unless we recover compensation for you.

 

Leave a Reply

Your email address will not be published. Required fields are marked *

Back to top button