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The driver must have caused it. That’s usually the first thing anyone thinks after a truck crash.
After all, the driver was behind the wheel. They made the decisions in the split second before impact. They must be responsible for what happened. Right?
Not necessarily.
Truck accident claims aren’t always so cut-and-dry. Figuring out who’s liable in a commercial vehicle wreck often means looking at the actions of more than just the driver—and knowing the difference between driver liability vs. trucking company liability can make or break your case.
Determining who’s responsible (and if both are) is one of the most important steps toward fair compensation. A commercial vehicle accident attorney can help figure this out quickly. Since evidence needed to prove company liability vanishes quickly, speaking to a truck accident law firm as soon as possible could mean the difference between a strong case and a weak one.
What’s Covered in This Article:
- What Is Driver Liability in a Truck Crash?
- What Is Trucking Company Liability?
- How Companies Can Be Held Liable
- When Both the Driver and Company are to Blame
- Why the Difference Matters for Your Claim
Why Truck Liability Gets so Confusing
Nearly 76% of fatalities in large truck accidents were passenger vehicle occupants. Truck drivers make up a small percentage of that number.
Why is that important?
Commercial trucks can weigh 20-to-30 times more than a car. When crashes happen, people in that smaller vehicle suffer the most. That’s why it’s absolutely crucial to figure out who’s liable and prove it. Hire a commercial vehicle accident lawyer who knows what they’re doing.
What Is Driver Liability?
Driver liability is when a negligent decision made by the truck driver caused the wreck.
This can include:
- Driving drowsy/falling asleep at the wheel
- Speeding/aggressive driving (i.e. changing lanes without signaling)
- Distracted driving (phone use, eating, fiddling with GPS, etc.)
- Driving under the influence of drugs/alcohol
- Disobeying traffic signs/lights and driving dangerously (speeding through a yellow light)
If the driver acted negligently and their negligence led to the crash, they can be held personally liable for damages. For instance: Let’s say a driver ran a red light and hit another vehicle. Running the light was the direct cause of the accident. The driver would be liable.
But even if the driver is clearly at fault, the trucking company could still be liable too. This is known as vicarious liability. It comes into play a lot in commercial vehicle accidents.
What Is Trucking Company Liability?
Trucking companies aren’t absolved of responsibility simply because someone else was driving their vehicle. In fact, these companies can actually be held liable for the negligent actions of their drivers—especially when the driver was working at the time of the crash.
Federal law requires trucking companies to carry at least $750,000 worth of liability insurance. Companies carry so much insurance for a reason. They have a lot of control over what their drivers do on the road. And when they negligently contribute to a crash, companies can be held directly liable.
Here are just a few ways companies can be negligent.
Negligent Hiring and Training Practices
Trucking companies have a responsibility to hire qualified and competent drivers. They need to verify they have commercial licenses, examine driving records and ensure federal safety regulations are met before placing a driver on the road.
Say a trucking company hires a driver with prior reckless driving accidents or DUIs on their record. If that driver causes an accident, the company can be held liable for negligently hiring that employee. Federal law also requires trucking companies to make sure drivers meet minimum skill standards. If a driver is inadequately trained and causes an accident, the company could be held liable for negligent training.
Hours-of-Service Violations
Drowsy driving is a serious problem. Which is why there are federal limits on how long drivers can be behind the wheel without taking mandatory rest breaks.
If a trucking company forces drivers to meet unrealistic delivery quotas—or knowingly ignores electronic log violations—and a driver causes a crash due to fatigue, they could be liable. ELD data, dispatch reports and company communications can help prove whether or not the company was aware of the violation. This type of evidence is crucial in proving liability.
Poor Maintenance
Federal safety standards exist for brakes, tires, lights and steering on all commercial trucks. If a company fails to follow their own maintenance schedules and something mechanical fails, causing a crash, the company can be held liable.
Maintenance issues don’t occur overnight. There’s almost always paperwork that proves the company knew about an issue and refused to fix it.
When Both Are to Blame
Here’s something important. Driver liability and trucking company liability can overlap in a lot of truck accidents. Just because a truck driver was negligent doesn’t free the company of responsibility. And vice versa.
If a driver was speeding (negligence on the driver’s part), but also driving a truck with faulty brakes the company neglected to maintain, both parties could be named in your claim.
Company liability drastically changes how much you could recover. Trucking companies have far more insurance than any one driver. Proving company liability could open the door to much higher compensation amounts.
How Driver Liability vs. Company Liability Impacts Your Claim
There were over 5,375 fatal crashes involving large trucks in 2023. Every person that died in one of those truck accidents represents someone’s family. Someone who could be filing a truck accident claim.
Information that could help prove company negligence is lost quickly. Companies and their insurance providers work fast to protect themselves and their bottom line. An attorney needs to work faster. A commercial vehicle accident attorney will identify who’s responsible and spend the necessary time and resources proving it. There’s no substitute for a thorough investigation.
Who’s Liable for a Truck Accident: Summary
As you can see, “the driver” isn’t the only responsible party after a crash.
Big rig companies have far-reaching responsibilities when it comes to who they hire, how they train their drivers, how they maintain their fleet, and how they treat their employees. When they fail to live up to any part of their responsibilities, they too can be held liable.
Understanding truck driver liability vs. trucking company liability is more than just legal jargon. Knowing the difference is the foundation of every strong truck accident case—and the key to making sure victims receive every last dollar they’re entitled to.
Remember:
- Truck drivers can be held personally liable for negligent actions behind the wheel
- Trucking companies can be held liable for negligent hiring, training, vehicle maintenance and scheduling practices
- Both parties can be held responsible in the same accident
- Trucking company liability can provide access to much higher compensation amounts
- Commercial vehicle accident attorneys know how to identify and prove both-party liability
