Yes, trucking companies can be sued for accidents in most cases. When a truck driver causes an accident while working, the trucking company is often responsible for the damages. This is because of a legal rule called “respondeat superior,” which means the boss must answer for their worker’s mistakes.
This article will explain when you can sue a trucking company, what types of cases qualify, and how to build a strong claim. We’ll also cover the evidence you need and what compensation you might receive. The latest FMCSA crash statistics show that truck accidents continue to be a serious safety concern, making it important to understand your legal rights.
When Can You Sue a Trucking Company?
The Employee-Employer Relationship
Trucking companies can be held liable for accidents caused by drivers who are employees of the company under the legal principle of “respondeat superior” or vicarious liability. This means the company is responsible when their driver causes an accident while doing their job.
However, not all truck drivers are employees. Some are independent contractors. If the driver is an independent contractor, it’s harder to sue the trucking company directly.
When the Driver Was Working
The accident must happen while the driver was working. This includes:
- Delivering cargo
- Driving to pick up a load
- Following company routes
- Taking required rest breaks
If the driver was off-duty and using the truck for personal reasons, the company might not be liable.
Direct Company Negligence
Even if the driver is an independent contractor, you might still sue the company if they were directly negligent. This happens when the company itself did something wrong that led to the accident.
Types of Trucking Company Negligence
Negligent Hiring
Negligent hiring happens when a trucking company fails to conduct thorough vetting and assessment before hiring prospective drivers. According to the National Highway Traffic Safety Administration (NHTSA), impaired driving contributes to thousands of traffic fatalities annually, making proper screening crucial.
Common problems include:
- Not checking the driver’s background
- Hiring drivers with bad driving records
- Ignoring DUI convictions
- Not verifying commercial licenses
- Skipping drug and alcohol tests
Poor Training and Supervision
Trucking companies must implement comprehensive processes to hire, supervise and train truck drivers, as they are entrusted with operating extremely large trucks with heavy payloads at high speeds.
Training problems include:
- Not teaching proper safety procedures
- Failing to train drivers on specific equipment
- Not providing ongoing education
- Ignoring safety violations
- Poor supervision of new drivers
Vehicle Maintenance Issues
Trucking companies must keep their trucks in safe working condition. If a trucking company neglects necessary repairs or skips routine maintenance, mechanical failures, such as brake failures or tire blowouts, can occur, potentially leading to serious accidents.
Maintenance negligence includes:
- Skipping required inspections
- Ignoring known problems
- Using cheap, unsafe parts
- Not fixing brake issues
- Delaying tire replacements
Hours of Service Violations
The Federal Motor Carrier Safety Administration (FMCSA) sets strict limits on how long drivers can be on the road without rest. However, some companies pressure drivers to work beyond legal limits to meet deadlines.
These violations include:
- Forcing drivers to work too many hours
- Pressuring drivers to falsify logbooks
- Not allowing proper rest periods
- Ignoring fatigue warning signs
How to Prove a Trucking Company Is Liable
Gathering Evidence
To win your case, you need strong evidence. This includes:
Driver Records:
- Employment history
- Training records
- Driving record
- Drug and alcohol test results
- Previous accidents or violations
Company Records:
- Hiring policies
- Training programs
- Maintenance logs
- Safety violations
- Insurance information
Accident Evidence:
- Police reports
- Photos of the scene
- Witness statements
- Traffic camera footage
- Electronic logging device data
The Investigation Process
Establishing liability in a trucking accident case requires a thorough investigation of the facts and detailed knowledge of the law relating to personal injury, employer’s liability, and commercial insurance.
A skilled Denver truck accident lawyer will:
- Review all company records
- Interview witnesses
- Examine the truck for defects
- Analyze driver logs
- Consult with experts
What Compensation Can You Receive?
Economic Damages
These are the financial losses you can prove:
- Medical bills
- Lost wages
- Future medical care
- Property damage
- Transportation costs
Non-Economic Damages
These cover your pain and suffering:
- Physical pain
- Emotional distress
- Loss of enjoyment of life
- Relationship impacts
- Mental anguish
Punitive Damages
In cases of extreme negligence, you might receive punitive damages. These are meant to punish the company and prevent similar behavior.
Common Defenses Trucking Companies Use
Independent Contractor Claims
Companies often argue the driver was an independent contractor, not an employee. This is why it’s important to examine the actual relationship, not just the paperwork.
Blaming the Victim
Trucking companies often have powerful legal teams working to protect their interests. They may try to shift the blame onto the driver or even the accident victim to avoid paying settlements.
Claiming No Control
Companies might argue they had no control over the driver’s actions. However, if they set schedules, routes, or safety policies, they likely had enough control to be liable.
Steps to Take After a Truck Accident
Immediate Actions
- Get medical attention – Your health comes first
- Call the police – Get an official report
- Document everything – Take photos and get witness info
- Don’t admit fault – Let the investigation determine who’s responsible
- Contact a lawyer – Time is crucial for preserving evidence
Why You Need an Attorney
Contacting an attorney promptly can lead to better evidence in your case. There may be physical evidence from the scene of the accident, such as skid marks, that only exist for a short period of time after the accident.
An experienced Denver personal injury attorney can:
- Preserve important evidence
- Handle insurance companies
- Investigate the trucking company
- Calculate fair compensation
- Fight for your rights in court
Who Else Might Be Liable?
Multiple Parties
Truck accidents often involve several potentially liable parties:
Truck Manufacturers:
- Defective parts
- Design flaws
- Manufacturing defects
Cargo Companies:
- Improper loading
- Overweight cargo
- Unsecured loads
Maintenance Companies:
- Poor repairs
- Faulty inspections
- Using wrong parts
Government Entities:
- Poor road conditions
- Missing signs
- Construction hazards
Why Multiple Defendants Matter
Having multiple liable parties can increase your compensation. Each party’s insurance must pay their share of the damages.
Time Limits for Filing a Lawsuit
In Colorado, you generally have three years from the date of the accident to file a lawsuit. However, there are exceptions:
- Government claims have shorter deadlines
- Some cases have different time limits
- Discovering injuries later might extend the deadline
Don’t wait to seek legal help. Evidence disappears, and witnesses forget details over time.
Statute of Limitations by State
| State | Time Limit | Special Rules |
| Colorado | 3 years | 2 years for property damage |
| Texas | 2 years | Some exceptions apply |
| California | 2 years | Discovery rule may apply |
| Florida | 4 years | Different rules for government claims |
How Much Is Your Case Worth?
Factors That Affect Value
Injury Severity:
- Minor injuries = lower settlements
- Permanent disabilities = higher settlements
- Death cases = highest settlements
Company’s Fault:
- Clear negligence = higher value
- Shared fault = reduced value
- Multiple violations = increased value
Insurance Coverage:
- More coverage = higher potential settlement
- Multiple policies = more money available
Average Settlement Amounts
While every case is different, truck accident settlements often range from:
- Minor injuries: $50,000 – $200,000
- Serious injuries: $200,000 – $1 million
- Catastrophic injuries: $1 million+
- Wrongful death: $1 million+
These are just examples. Your case value depends on your specific circumstances. Research from the Insurance Institute for Highway Safety (IIHS) shows that large truck crashes often result in more severe injuries than typical passenger vehicle accidents, which can significantly impact settlement values.
Special Considerations in Trucking Cases
Federal Regulations
The Federal Motor Carrier Safety Administration (FMCSA) mandates that trucking companies maintain detailed driver logs, enforce service hour limitations, and conduct regular vehicle inspections to ensure road safety.
These regulations create specific duties that companies must follow. Violations can strengthen your case.
Electronic Evidence
Modern trucks have electronic logging devices that record:
- Driving hours
- Speed
- Braking patterns
- Location data
This evidence is crucial but can be lost if not preserved quickly.
Industry Standards
The trucking industry has specific standards for:
- Driver qualifications
- Vehicle maintenance
- Cargo securement
- Safety procedures
Expert witnesses can explain how the company failed to meet these standards.
What to Expect During Your Case
Initial Investigation
Your lawyer will immediately start investigating by:
- Sending preservation letters
- Gathering accident reports
- Interviewing witnesses
- Examining the truck
Settlement Negotiations
Most cases settle out of court. Your attorney will:
- Calculate your damages
- Present evidence to the insurance company
- Negotiate for fair compensation
- Advise you on settlement offers
Trial Preparation
If settlement fails, your case goes to trial. This involves:
- Filing a lawsuit
- Discovery process
- Depositions
- Expert testimony
- Jury trial
How to Choose the Right Attorney
Experience Matters
Look for lawyers who:
- Handle truck accident cases regularly
- Understand federal trucking regulations
- Have trial experience
- Know the trucking industry
Questions to Ask
- How many truck accident cases have you handled?
- What’s your success rate?
- Do you take cases to trial?
- How do you charge fees?
- Who will work on my case?
Working with CO Trial Lawyers
At CO Trial Lawyers, we understand the challenges of fighting large trucking companies. We have the experience and resources to investigate your case thoroughly and hold negligent companies accountable.
We work on a contingency fee basis, meaning you pay no attorneys’ fees unless we win your case. This allows you to focus on your recovery while we handle the legal battle.
Our team will:
- Investigate the trucking company’s practices
- Gather evidence of negligence
- Calculate your full damages
- Fight for maximum compensation
If you’ve been injured in a truck accident, contact us today for a free consultation. We’ll review your case and explain your options with no obligation.
Final Thoughts
Trucking companies can absolutely be sued for accidents, and they should be held responsible when their negligence causes harm. These cases are complex, but with the right legal team, you can get the compensation you deserve.
The key is acting quickly to preserve evidence and protect your rights. Don’t let a trucking company’s insurance company take advantage of you. Get experienced legal help to level the playing field.
Remember, trucking companies have teams of lawyers working to minimize their liability. You need an experienced advocate on your side who understands the trucking industry and knows how to build a winning case.
If you’ve been hurt in a truck accident, don’t wait. Contact a qualified Denver 18-wheeler accident lawyer today to discuss your case and learn about your options for compensation.