Ryan Bradley | June 13, 2025 | Truck Accident
Key Takeaways:
- Multiple parties may share liability in truck accidents. In addition to the driver, trucking companies, repair shops, and cargo loaders can all be responsible for crashes. This complexity makes it essential to hire a lawyer who can identify all potential defendants.
- Trucking companies may create dangerous conditions. Whether it’s negligent hiring or pressuring drivers beyond safe limits, company policies can contribute to accidents long before they happen.
- Federal violations strengthen your case. When trucking companies break FMCSA rules on hours of service or maintenance, you have powerful evidence of negligence that can maximize your compensation.
When that 18-wheeler semi-truck sideswipes your car or a delivery truck slams into you, figuring out who’s responsible isn’t as straightforward as it may seem. Was the driver distracted or made a mistake? Or is the trucking or delivery company responsible? Could you hold both accountable? The answers are critical as they determine where you seek compensation and how much you might recover.
In this article, we explain how trucking companies contribute to accidents, what evidence you need to prove a carrier’s liability, and how federal violations strengthen your case.
How Trucking Companies Create Dangerous Conditions
Long before you encounter a truck on the highway, the decisions a company makes that prioritize profits over safety can pave the way to disaster. The driver may be behind the wheel, but he is just one piece of the liability puzzle. You could hold the carrier accountable for various failures:
Negligent Hiring and Training Practices
That truck driver who caused your accident might have had a history of traffic violations, which the trucking company ignored when hiring him. Companies may cut corners by skipping background checks or hiring drivers with questionable safety records. Many provide only minimal training that jeopardizes the driver’s safety and the safety of other road users.
Equipment and Maintenance Failures
Trucking companies may skip critical maintenance and servicing appointments to keep trucks running and earning money at all times. They may run vehicles with worn brakes, bald tires, and faulty lights, creating a ticking time bomb on the road.
Pushing Drivers Beyond Safety
When your accident happened, the trucker may have been racing to meet an impossible deadline. Companies sometimes set delivery schedules that simply can’t be met within legal driving hours. A carrier might even suggest driving through mandatory rest periods, causing exhausted drivers to make deadly mistakes.
Evidence You Need to Prove Trucking Company Negligence
Gathering evidence, such as driver logs and maintenance records, before it “magically” disappears can be essential for your injury claim. Here’s what your truck accident lawyer needs to secure before trucking company executives and company lawyers “clean house”:
- Driver Logs and ELDs: Digital records reveal true driving hours, speeds, and rest breaks. Gathering these records immediately is crucial as they can show wrongdoing, like violations of federal safety regulations.
- Maintenance and Service Records: Servicing and maintenance records can expose whether a mechanical failure was flagged but ignored to keep the truck on the road generating revenue.
- Company Records: Communication between dispatchers and drivers may show that the company knowingly encouraged unsafe practices like speeding or skipping mandatory rest periods to meet unrealistic schedules.
- Employment Files: Background checks and hiring records show whether the company knew they were putting a driver with prior traffic violations or substance abuse behind the wheel of an 80,000-pound vehicle.
Acting fast is critical after a truck accident, as much of this evidence can disappear within weeks if not protected by a preservation letter from your attorney.
Federal Regulations: When Trucking Companies Break the Rules
The trucking industry operates under strict federal oversight for a reason. When companies fail to comply with state and federal trucking regulations, the general public is at risk. Recognizing regulatory violations can be the most important piece in the puzzle that proves your case.
FMCSA Violations and Their Consequences
The Federal Motor Carrier Safety Administration (FMCSA) mandates trucking regulations designed to keep drivers and road users safe. Companies with patterns of violations face penalties that can range from steep fines to being stopped from operating. A carrier’s FMCSA safety rating is a public record and can be damning evidence in your legal case.
Hours-of-Service Violations
Fatigue can kill, especially if a tired truck driver falls asleep behind the wheel of a large and powerful vehicle. Federal law limits driving to 11 hours per day with mandatory rest periods. However some companies try to circumvent these rules and instruct drivers to falsify hours-of-service logs or manipulate electronic records.
Drug and Alcohol Testing Failures
Federal law prescribes random drug and alcohol testing. Trucking companies must conduct pre-employment screening, random testing, and post-accident drug and alcohol tests. Carriers may warn drivers before tests or fail to remove drivers who test positive. Such violations, if detected during a post-crash investigation, show trucking company liability.
Loading Violations
Oversized loads or improperly loaded and unsecured cargo can cause deadly accidents. Trucks can become unmanageable if cargo shifts. When companies rush loading to save time, they put everyone at risk and may be responsible for the resulting damages.
When to Sue the Company vs. the Driver
Knowing who to sue in a trucking accident can be tricky. However, targeting the right defendant is crucial for your recovery. You may even be able to sue several at-fault parties, whether a trucking company, driver, truck manufacturer, or repair shop. Here are the critical considerations that affect your legal case and compensation:
- Employment Relationship: When drivers qualify as employees, companies bear responsibility for their actions under “respondeat superior” doctrine. Drivers operating as independent contractors create a more complex liability situation.
- Insurance Coverage Differences: Commercial policies typically carry limits in the millions, while individual driver policies may be much lower and could max out long before you can recover what you’re owed.
- Complex Liability Issues: Multiple potential defendants require in-depth analysis of insurance coverage and proportional fault. You’ll need an experienced attorney who can identify the best litigation strategy to maximize your recovery.
In most cases, you’ll want to sue the trucking company rather than just the driver, as they generally have much deeper pockets and broader liability. However, your best next step after a crash is to consult an attorney who can determine all liable parties and potential defendants.
Why You Need a Truck Accident Lawyer to Maximize Compensation
Unlike most car accidents, truck accident cases involve complex liability issues and multiple insurance policies. You could be up against teams of lawyers from insurance companies and trucking companies, all fighting to deny you the compensation you deserve. Without experienced legal representation, you risk leaving money on the table.
Bradley Law Personal Injury Lawyers brings decades of experience fighting trucking companies and their powerful insurers. We know how to preserve evidence before it vanishes and can pursue all responsible parties to maximize our clients’ compensation.
Don’t wait to get help, as the time to file a lawsuit is limited. Bradley Law Personal Injury Lawyer today to determine your next best steps after a truck accident.