Can Both The Truck Driver And Trucking Company Be Sued?

Yes, you can sue both the driver and the trucking company after an accident. In such cases, the driver is held liable for negligent driving. Meanwhile, the trucking company may share responsibility under vicarious liability for its employee’s actions. The company may also be held accountable for negligent hiring, poor driver training, or inadequate supervision.

At Todd Miner Law, our team gathers evidence against all liable parties to secure maximum compensation. This evidence includes driver logs, ELD data, maintenance provider records, inspection reports, black box data, witness statements, and accident reconstruction analysis. We also identify violations of federal regulations, such as hours-of-service breaches or unsafe driving practices that directly contributed to the accident. Contact us for a free consultation.

When Can You Sue Both the Truck Driver and the Trucking Company?

You can sue both the truck driver and the trucking company when the accident involves driver negligence and company responsibility at the same time. This usually happens when the driver caused the crash while acting within the scope of employment, and the company’s policies also contributed to the accident.

In such cases, the driver may be liable for distracted driving, speeding, or hours-of-service violations. At the same time, the trucking company may share liability for negligent hiring or improper supervision. You can also hold the company responsible for poor maintenance practices, unrealistic driving schedules, or failing to enforce safety regulations.

In such cases, you can pursue compensation against the following insurance policies:

Trucking Company’s Commercial Auto Policy

This policy applies when the driver was operating the truck under the company’s authority at the time of the crash. In Florida, minimum liability coverage depends on vehicle weight under state law. For example, under Florida Statute 627.7415, trucks weighing between 26,000 and 35,000 pounds require at least $50,000 in liability coverage. On the other hand, trucks over 44,000 pounds must carry at least $300,000 in combined liability coverage.

Driver’s Personal Insurance Policy

If a driver is off-duty and using the vehicle for personal reasons, their personal liability coverage will cover your damages. However, most personal auto policies include a commercial-use exclusion. This clause allows insurers to deny coverage if the at-fault driver used the vehicle for work-related purposes. Additionally, these policy limits are often insufficient in serious injury truck accident cases involving significant medical expenses, property damage, or lost income.

Bobtail or Non-Trucking Liability Insurance

In cases where personal insurance does not cover damages, “bobtail” or non-trucking liability insurance may apply. This coverage’s limits often reach up to $1 million. It applies when the driver operates the truck without a trailer (bobtailing) or uses the vehicle for personal purposes. However, insurers closely examine whether the trip had any business purpose. If the driver was returning from a delivery or heading to pick up a load, the insurer may deny this coverage.

Are Leasing Companies Liable in Commercial Truck Accident Cases?

Yes, leasing companies can share liability in commercial truck accident cases. If they are responsible for vehicle maintenance under the lease agreement, you can hold them liable for failing to perform regular inspections or repairs that contribute to mechanical failure. They may also be responsible for negligent entrustment if they allowed an unsafe or unqualified driver to operate the truck.

In addition, the company can share accountability for the following reasons:

• Delaying necessary repairs after receiving service requests or defect reports from the motor carrier
• Refusing to remove unsafe vehicles from service after identifying serious safety issues
• Failing to document or disclose prior mechanical issues or safety violations associated with the vehicle
• Not complying with federal and state regulations governing leased commercial trucks

To prove the liability of leasing companies, you must secure truck crash evidence such as maintenance records, pre-lease inspection reports, and repair logs. It is also important to obtain lease agreements. These agreements include maintenance clauses and documentation that establishes the leasing company’s control over the truck’s use and operation. In addition, you must gather evidence like service requests, recall notices, and prior defect reports that contributed to the accident.

What Types Of Driver Negligence Can Lead To A Lawsuit?

In truck accidents, fatigued, distracted, or reckless driving, speeding, driving under the influence (DUI), and tailgating can lead to a lawsuit. You can also file claims against the truck driver if they made unsafe lane changes, violated HOS regulations, or falsified electronic logging device (ELD) records to hide overwork.

Other than that, if a driver uses in-cab technology, such as GPS systems or dispatch devices, while driving, it can help prove distracted driving in lawsuits. In many cases, failing to check “no-zones” before merging and skipping required inspections under federal laws, including 49 CFR § 396.13 and 49 CFR § 396.11, can also support a personal injury lawsuit.

Here are some other types of driver negligence that can lead to a lawsuit:

• Misjudging turns or curves, especially on unfamiliar roads, can lead to loss of control
• Operating commercial trucks without proper training or experience, resulting in unsafe handling
• Driving with improperly loaded or unsecured cargo that can shift, spill, or cause rollovers
• Ignoring traffic signals, stop signs, or right-of-way rules
• Failing to slow down in construction zones or high-risk traffic areas
• Failing to adjust speed based on weather, visibility, or road conditions despite posted limits

Can a Company Be Held Liable for Failing to Conduct Background Checks?

Yes, you can hold the trucking company liable for negligent hiring if it fails to conduct driver background checks. According to 49 CFR § 391.23, motor carriers must review a driver’s safety performance history and driving record before allowing them to operate commercial trucks. This review helps confirm the driver’s prior crash history, safety violations, and regulatory compliance issues.

Under this regulation, the trucking company must also verify the following information:

• Motor Vehicle Record (MVR) Review: Request motor vehicle records from every state where the driver held a license during the past three years
• Drug and Alcohol Violation Check: Review federal records to identify any prior drug or alcohol violations
• License Status and Qualification Check: Confirm that the driver holds a valid license and has no history of suspension

These records must be maintained in the driver’s investigation history file. If a previous employer does not respond, the company must document a good-faith effort to obtain that information. In addition, it should document road-test results and physical-exam records. These records confirm that the driver is medically qualified to operate commercial trucks. If the company fails to hire qualified drivers in accordance with these requirements, it may be held liable for compensatory damages. In some cases, the company may also face punitive damages if the violation shows reckless disregard for safety.

Does Driver Misclassification Affect Your Ability To Sue The Company?

Yes, driver misclassification can affect your ability to sue the trucking company. Many companies label truck drivers as independent contractors as part of their liability-denial strategy. This label shifts liability away from the company’s commercial insurance coverage to the driver’s personal policy. Since the driver’s policy usually provides much lower coverage in trucking accident cases, it may not fully cover your damages.

To challenge the independent contractor label, consult our experienced attorneys at Todd Miner Law. We conduct a thorough investigation to establish the trucking company’s control over the driver’s schedule, work hours, and routes to determine liability. We also analyze delivery quotas, performance-monitoring systems, and internal policies to show that the driver operated under the company’s control. Call 407-894-1480 today to review your legal options and pursue a fair settlement.

What If the Driver Was Texting or Using a Device Before the Crash?

If the driver was texting or using a device before the accident, it establishes distracted driving and supports a claim of direct negligence against the truck driver. In such cases, you must gather evidence such as phone records, text logs, and app usage data showing that screen use delays braking or reduces reaction time.

For example, in a Florida truck accident case, the parents of an 18-year-old victim, Connor Dzion, secured over $100 million after a fatal crash caused by a distracted truck driver. The evidence showed the driver was using his phone. It further revealed that he failed to brake until one second before impact, which directly proved distracted driving. The court also held the company 10% liable for negligent hiring and awarded $900 million in punitive damages against AJD Business Services Inc. Besides negligent driving, trucking companies can also share liability if they require drivers to use dispatch devices while driving.

Can Hours-of-Service Violations Increase Truck Company Liability?

Yes, hours-of-service violations can increase a trucking company’s liability, especially in chain-reaction claims. For example, if a company pressures drivers to meet unrealistic dispatch schedules, drivers may exceed legal driving limits, leading to a violation of federal rules. Similarly, if the company ignores, encourages, or fails to prevent falsification of ELD records, it shows direct negligence and strengthens your claim against the company.

Here are some additional hours-of-service factors that may increase a trucking company’s liability:

• Negligent Entrustment or Supervision: If the company knew or should have known the driver was routinely violating hours-of-service rules and still allowed them to operate, it can be held directly liable.
• Vicarious Liability: Under this legal principle, the company is responsible for the truck driver’s negligence while on duty, including fatigue-related crashes caused by exceeding legal driving limits.
• Fatigued Driving: Allowing or ignoring fatigued driving, especially after extended hours or skipped rest breaks, can directly link the company’s conduct to the crash and strengthen liability.
• Lack of Driver Training on HOS Rules: If drivers are not properly trained on federal hours-of-service requirements, the company may share liability for inadequate training practices.

What If Improper Loading or Overloaded Cargo Caused the Crash?

If overloaded or improperly secured cargo causes a truck crash, multiple negligent parties may share responsibility for the collision. For example, the truck driver may be held liable if they fail to inspect the cargo before the trip and during transit, as required under 49 CFR § 392.9. Similarly, you can sue the trucking company for pressuring drivers to meet delivery schedules by exceeding weight limits.

Furthermore, freight brokers can also be held liable when their negligence contributes to unsafe transport conditions. For example, a broker may share liability if they hired a carrier with known safety violations or failed to verify insurance and safety ratings. You can also sue them if they assigned a load that required specific equipment or handling that the carrier could not safely provide.

In some cases, the cargo loader or shipper may also be held liable if they fail to properly secure the cargo, allowing it to shift during transit and destabilize the trailer. If they load the truck beyond legal weight limits under 23 CFR Part 658, which increases stopping distance, that can also establish liability. Other than that, they may share fault for using defective or inadequate tie-downs, which can cause the load to move or spill during operation, especially when hazardous materials are involved.

Can Poor Driving in Unsafe Road Conditions Increase Driver Liability?

Yes, poor driving in unsafe road conditions can increase driver liability. Under Florida Statutes § 316.183, drivers must adjust speed to a safe level based on conditions such as rain, ice, or fog. In fact, the Federal Motor Carrier Safety Administration recommends reducing speed by one-third on wet roads. It also advises reducing speed by one-half on snowy roads to minimize crash risk. Likewise, drivers must increase following distance to 6-10 seconds to avoid collisions in adverse weather and low-visibility conditions.

In addition, panicking, braking too hard, or oversteering in bad weather can lead to a loss of control and constitute driver error, increasing liability. If the driver ignores warnings, such as traffic signs, weather alerts, or visible hazards like standing water or black ice, it also shows a failure to operate the vehicle safely and strengthens a negligence claim.

Can a Truck or Parts Manufacturer Be Sued for Mechanical Failure?

Yes, you can sue a truck or parts manufacturer if a mechanical failure causes an accident. You may pursue full compensation for design defects, manufacturing errors, or defective components that led to the crash. The manufacturer can also be held liable if they failed to provide proper safety instructions or defect warnings.  

Here are some other factors that may support your claim against the manufacturing company:

• Continuing to distribute defective truck parts despite prior complaints or known safety hazards
• Releasing truck components without proper safety testing or performance validation increases the risk of defects under normal operating conditions
• Manufacturing parts with inferior materials that cannot withstand the stress, weight, or operational demands of commercial trucks
• Not supplying proper maintenance schedules or inspection requirements, which prevents timely detection of wear, defects, or safety risks
• Ignoring real-world performance data or incident reports that indicate a recurring defect in the product

To prove this product liability, you must show that the truck or its parts were inherently defective. This requires evidence such as design specifications, manufacturing records, recall notices, expert analysis, and inspection reports. It is also important to prove that the driver used the product as intended, yet it still caused the mechanical failure and contributed to the accident. 

Contact Todd Miner Law To Prove Liability After a Truck Crash in Central Florida!

After a truck accident, you may face significant medical bills, lost wages, and ongoing physical and emotional stress. In such situations, identifying the legally responsible parties can be challenging, especially when the claim involves more than one party and multiple insurance policies.

As a Gold Winner Personal Injury Law Firm in the Orlando Sentinel’s Central Florida Favorites, Todd Miner Law has secured millions in compensation for accident victims across Orlando, Clermont, and Daytona Beach. We build strong truck accident claims, identify multiple parties, and negotiate strategically with insurers to secure fair compensation while you focus on recovery. Contact us now or visit our law office at 915 Outer Rd, Orlando, FL 32814 for expert legal representation.

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