Can I Sue the Trucking Company After a Dallas 18-Wheeler Wreck?

If an 18-wheeler caused your wreck in Dallas, you may be able to pursue a claim against more than just the truck driver.

The trucking company may also be responsible.

That can happen in two important ways.

First, a trucking company may be legally responsible for the negligence of a truck driver who was working within the course and scope of employment when the collision occurred.

Second, the trucking company may have committed its own acts of negligence—for example, by hiring an unsafe driver, failing to properly train or supervise the driver, allowing a dangerous truck to remain on the road, or pressuring a driver to operate under unsafe conditions.

For someone seriously injured in a Dallas 18-wheeler wreck, determining whether the trucking company can be sued should therefore be a central part of the investigation.

The truck driver may have caused the immediate collision.

But the company's decisions before the wreck may help explain why that driver and that truck were on the road in the first place.

If you were seriously injured in a commercial truck collision, our Dallas truck accident lawyer page explains how The Wooley Law Firm investigates 18-wheeler wrecks throughout Dallas and North Texas.

Can I Sue the Trucking Company After a Truck Accident in Dallas?

Potentially, yes.

Whether you can sue the trucking company depends on the relationship between the driver and the company and what caused the wreck.

A trucking company may potentially be responsible when:

• Its employee caused the collision while performing work for the company;

• The company hired an unsafe or unqualified driver;

• The company entrusted an 18-wheeler to someone who should not have been driving it;

• The company failed to properly train or supervise the driver;

• The company knew about dangerous driving behavior but continued allowing the driver to operate;

• Dispatchers pressured the driver to meet an unsafe delivery schedule;

• The company permitted excessive driving hours or ignored fatigue concerns;

• The company failed to inspect, repair, or maintain the tractor or trailer;

• The company ignored known brake, tire, steering, lighting, or other mechanical problems;

• The company failed to enforce its own safety policies; or

• Other company decisions contributed to the collision.

The important question is not simply:

“Did the truck driver make a mistake?”

It is also:

“Did something the trucking company did, or failed to do, contribute to that mistake or the resulting wreck?”

The Trucking Company May Be Responsible for Its Driver's Negligence

One of the most common ways a trucking company may become responsible is through what lawyers call vicarious liability or respondeat superior.

In general, Texas law may hold an employer responsible for an employee's negligence when the employee was acting within the course and scope of employment.

For an 18-wheeler driver, that may include situations where the driver was:

• Transporting freight;

• Making a scheduled delivery;

• Traveling to a pickup location;

• Driving between company facilities;

• Following company dispatch instructions;

• Repositioning a tractor or trailer;

• Performing another assigned trucking duty; or

• Otherwise acting to further the trucking company's business.

That means an injured person should not assume that the individual driver is the only possible defendant simply because the driver was physically behind the wheel.

What If the Truck Driver Is Called an Independent Contractor?

This issue should be investigated carefully.

Some trucking businesses use owner-operators or other drivers who may be described in contracts as independent contractors.

But the label used in a contract does not necessarily answer every liability question.

The actual relationship between the driver, motor carrier, tractor owner, trailer owner, and other companies may need to be examined.

Relevant questions may include:

• Who hired the driver?

• Who paid the driver?

• Who controlled the driver's assignments?

• Who dispatched the load?

• Whose USDOT authority was being used?

• Who owned or leased the tractor?

• Who owned or leased the trailer?

• Who could discipline or terminate the driver?

• Who controlled safety policies?

• Who monitored the driver's hours?

• Who required the driver to make the trip?

Commercial trucking relationships can involve several companies. Identifying the correct defendants should happen before assuming that the name printed on the driver's paycheck—or even the name printed on the truck—tells the entire story.

The Trucking Company May Be Negligent for Hiring an Unsafe Driver

A serious truck wreck can raise questions about what the trucking company knew before allowing the driver onto Dallas highways.

Federal motor-carrier regulations require motor carriers to maintain driver qualification information for drivers they employ.

That can include records concerning the driver's application, driving history, licensing, qualifications, and other required information.

After a wreck, an investigation may examine whether the driver had a history involving:

• Prior crashes;

• Speeding violations;

• Reckless driving;

• Unsafe lane changes;

• Following too closely;

• Suspended or restricted driving privileges;

• Drug or alcohol violations;

• Repeated hours-of-service problems;

• Safety complaints; or

• Other conduct suggesting the driver presented an unreasonable safety risk.

A company should not ignore obvious warning signs and then simply blame the driver after a serious collision.

Negligent Entrustment After a Dallas 18-Wheeler Wreck

Another potential issue is negligent entrustment.

In simple terms, the question may be whether the trucking company entrusted a commercial vehicle to a driver who should not have been operating it and whether that decision contributed to the collision.

For example, evidence might show that the company allowed a driver to operate despite known problems involving:

• Lack of proper qualifications;

• A dangerous driving history;

• Repeated preventable crashes;

• Serious safety violations;

• Impairment concerns;

• Inexperience with the type of truck;

• Medical or licensing restrictions; or

• Other information indicating the driver was unsafe.

These cases depend heavily on what the company actually knew or reasonably should have discovered.

That is why the driver's personnel and qualification records may be important evidence.

Inadequate Training May Put the Trucking Company at Issue

Driving an 18-wheeler safely requires more than knowing how to move the truck down the highway.

Commercial drivers routinely encounter situations involving:

• Large blind spots;

• Lane changes;

• Tight turns;

• Long stopping distances;

• Heavy traffic;

• Construction zones;

• Highway backups;

• Cargo movement;

• Vehicle inspections;

• Emergency situations; and

• Mechanical problems.

A serious wreck may raise questions about whether the trucking company adequately trained the driver for the situation that caused the collision.

Imagine an 18-wheeler changes lanes into a passenger vehicle on I-35E.

The driver claims:

“I checked my mirror and never saw the car.”

That should not necessarily end the investigation.

The driver's training records may show what the company taught regarding blind spots, mirror checks, signals, lane-change procedure, digital-mirror systems, and clearing the trailer before moving into another lane.

Our article about digital mirrors on 18-wheelers after a Dallas truck wreck explains how modern camera systems may provide evidence about what was beside the tractor-trailer before an unsafe lane change.

The Trucking Company May Be Responsible for Unsafe Scheduling and Driver Fatigue

Sometimes the real problem begins long before the collision.

A driver may be exhausted because of an unsafe schedule.

Federal hours-of-service regulations limit how long many commercial drivers may drive and remain on duty.

Electronic logging devices and company records may help determine:

• When the driver began working;

• How long the driver had been on duty;

• How many hours the driver drove;

• When required breaks occurred;

• Whether the driver's logs were edited;

• Whether someone pressured the driver to continue;

• Whether delivery deadlines were realistic; and

• Whether dispatch knew the driver was running out of available driving time.

The company's role can become especially important if dispatch messages show that a driver complained about being tired, running out of hours, experiencing mechanical problems, or needing to stop—but was pressured to continue.

Our guide to how hours-of-service violations matter after a truck wreck discusses why driver logs and scheduling records may become important evidence after a serious collision.

What If the Trucking Company Failed to Maintain the 18-Wheeler?

The driver is not always the only reason an 18-wheeler fails to stop, loses control, or causes a collision.

Mechanical failures can include:

• Brake defects;

• Worn tires;

• Tire blowouts;

• Steering problems;

• Lighting failures;

• Suspension defects;

• Air-system problems;

• Trailer defects; and

• Other unsafe equipment conditions.

Trucking companies subject to federal motor-carrier requirements have obligations concerning inspection, repair, and maintenance of commercial vehicles.

If an 18-wheeler rear-ends your vehicle and the truck driver says:

“The brakes failed.”

That explanation may create a larger investigation into the trucking company.

Maintenance records could show that a brake problem had been reported before the wreck.

Inspection reports could reveal recurring defects.

Repair invoices could show that recommended repairs were postponed.

Driver inspection reports could establish that someone at the company knew there was a problem before the truck returned to the road.

Our article about brake failure after a rear-end 18-wheeler accident in Dallas explains the records that may help determine whether poor maintenance contributed to the wreck.

The Trucking Company's Own Electronic Records May Prove What Happened

Modern trucking companies generate substantial amounts of electronic information.

Depending on the truck and carrier, evidence may include:

• Engine control module data;

• Event data recorder information;

• Electronic logging-device records;

• GPS history;

• Telematics;

• Forward-facing dash-camera video;

• Driver-facing camera video;

• Digital-mirror recordings;

• Collision-warning data;

• Automatic emergency braking data;

• Lane-departure alerts;

• Speed records;

• Hard-braking events;

• Dispatch messages;

• Driver scorecards; and

• Internal safety alerts.

This evidence may help establish both what the driver did and what the company knew.

For example, suppose a driver has repeated hard-braking alerts, speeding events, or lane-departure warnings before a serious Dallas truck wreck.

That could raise questions about whether the company was monitoring those alerts and what it did in response.

Read more about the information potentially available from 18-wheeler black-box data after a Dallas-Fort Worth truck wreck.

What If the Trucking Company Says Traffic “Stopped Suddenly”?

This is a common issue in rear-end 18-wheeler cases.

A driver may claim that traffic suddenly stopped and the collision could not be avoided.

But electronic evidence can test that explanation.

Automatic emergency braking and collision-warning systems may show:

• When traffic ahead became a collision threat;

• Whether the system warned the driver;

• Whether the driver applied the brakes;

• When braking began;

• The truck's speed before impact; and

• Whether automatic braking activated.

Forward-facing video may show how long traffic had actually been stopped.

GPS and ECM data may establish the truck's speed.

Electronic logs may reveal whether fatigue was an issue.

The driver's phone or dispatch communications may show whether the driver was distracted.

Our article about automatic emergency braking data after a truck wreck explains how these systems may help determine why a tractor-trailer failed to stop.

If the truck driver argues that you or another vehicle stopped too quickly, you may also want to read The Truck Driver Says I Stopped Suddenly—Who Is at Fault After a Dallas Truck Wreck?.

Can More Than One Company Be Responsible?

Yes.

Commercial trucking operations can involve several separate businesses.

Depending on the facts, potentially responsible parties could include:

• The truck driver;

• The motor carrier;

• The driver's employer;

• The tractor owner;

• The trailer owner;

• A maintenance contractor;

• A repair facility;

• A cargo-loading company;

• A shipper;

• A leasing company;

• A parts manufacturer; or

• Another driver who contributed to the collision.

For example, if a poorly maintained truck causes a chain-reaction wreck, the investigation may need to determine who owned the tractor, who maintained it, who operated it, and whether an outside repair company recently worked on the failed component.

Our guide to who is responsible when an 18-wheeler causes a chain-reaction crash in Dallas explains why the final vehicle that hit you may not identify everyone who contributed to the collision.

What Evidence Can Help Prove the Trucking Company Was Responsible?

A trucking-company liability investigation may include considerably more evidence than a typical passenger-car wreck.

Important records may include:

Driver Records

• Driver qualification file;

• Employment application;

• Motor vehicle records;

• CDL information;

• Training records;

• Road-test information;

• Prior collision history;

• Safety violations;

• Disciplinary records;

• Drug and alcohol testing records; and

• Performance reviews.

Company Records

• Safety policies;

• Driver manuals;

• Training materials;

• Dispatch instructions;

• Internal emails;

• Text messages;

• Safety complaints;

• Driver scorecards;

• Collision reviews;

• Disciplinary records;

• Hiring policies; and

• Retention policies.

Electronic Truck Evidence

• ECM data;

• ELD information;

• GPS;

• Telematics;

• Dash-camera footage;

• Driver-facing video;

• Digital-mirror recordings;

• Safety-system alerts;

• Automatic emergency braking information; and

• Collision-warning data.

Maintenance Evidence

• Inspection records;

• Preventive maintenance records;

• Driver vehicle inspection reports;

• Repair invoices;

• Roadside inspection reports;

• Prior out-of-service violations;

• Tire records;

• Brake records; and

• Maintenance communications.

These records may be held by different companies and stored in different systems.

Some electronic evidence may also be overwritten through normal data-retention processes.

That is one reason evidence preservation can become important soon after a serious truck wreck.

What If the 18-Wheeler Rear-Ended Me?

Rear-end collisions involving commercial trucks can provide a good example of why the trucking company should be investigated along with the driver.

The immediate cause may appear simple: the truck failed to stop.

But the underlying cause may involve:

• Driver distraction;

• Driver fatigue;

• Speed;

• Following too closely;

• Failed brakes;

• Poor maintenance;

• Unsafe dispatching;

• Inadequate training; or

• Failure to respond to collision-warning systems.

If you were hit from behind, read our guide on what to do after being rear-ended by an 18-wheeler in Dallas.

We also discuss collisions involving vehicles stopped in traffic in Rear-Ended by an 18-Wheeler While Stopped in Dallas Traffic.

Can the Trucking Company Just Admit the Driver Was Working for It?

Sometimes a trucking company may acknowledge that a driver was its employee and was acting within the course and scope of employment.

That admission can affect how certain claims are litigated, but it does not mean the trucking-company investigation becomes unnecessary.

Texas has special procedural rules governing certain lawsuits arising from commercial motor vehicle collisions. Depending on the claims and circumstances, certain liability, compensatory-damage, corporate-negligence, and exemplary-damage issues may be handled in separate phases.

The practical point for an injured person is simpler:

Trucking-company liability can involve issues beyond proving that the truck driver caused the crash.

The claims, defendants, company records, and litigation strategy should be evaluated based on the facts of the particular collision.

What Damages Can I Seek From a Trucking Company After an 18-Wheeler Wreck?

When negligence causes a serious injury, recoverable damages may depend on the particular case but can potentially include compensation for:

• Past medical expenses;

• Future medical expenses;

• Lost wages;

• Loss of earning capacity;

• Physical pain;

• Mental anguish;

• Physical impairment;

• Disfigurement;

• Property damage; and

• Other damages allowed under Texas law.

Catastrophic 18-wheeler wrecks may cause traumatic brain injuries, spinal injuries, internal organ injuries, crush injuries, amputations, multiple fractures, permanent impairment, or death.

Because the damages may be substantial, identifying every potentially responsible party can be especially important.

Do I Sue the Truck Driver and the Trucking Company?

Potentially.

A truck-wreck lawsuit may name the driver, trucking company, and other responsible defendants depending on the evidence.

There is no universal list of defendants for every 18-wheeler accident.

The appropriate defendants should be identified through an investigation into:

• Who employed the driver;

• Who operated the truck;

• Who owned the tractor;

• Who owned the trailer;

• Who controlled the shipment;

• Who maintained the equipment;

• What actually caused the collision; and

• Which companies' conduct contributed to the injuries.

The goal should be to identify responsibility from the evidence rather than automatically suing every company whose name appears on a document.

Frequently Asked Questions About Suing a Trucking Company After a Dallas Truck Accident

Can I sue the trucking company if its driver caused my accident?

Possibly. If the driver was an employee acting within the course and scope of employment, the trucking company may potentially be responsible for the driver's negligence. Other theories of liability may also apply depending on the company's own conduct.

Can I sue the trucking company for hiring a dangerous driver?

Potentially. Evidence that a company hired or retained a driver despite known safety problems may support additional claims depending on the circumstances.

What if the trucking company calls the driver an independent contractor?

The actual relationship should be investigated. Contract labels alone may not answer every question concerning responsibility in a commercial trucking operation.

Can the trucking company be responsible for bad brakes?

Potentially. The investigation should determine who was responsible for inspecting, repairing, and maintaining the tractor and trailer and whether anyone knew about a brake defect before the wreck.

What if the company pressured the driver to keep driving?

Dispatch communications, electronic logs, GPS records, delivery schedules, and other company records may show whether unrealistic scheduling or pressure contributed to driver fatigue or unsafe operation.

How quickly should trucking-company evidence be preserved?

As soon as reasonably possible after a serious wreck. Video, electronic data, telematics, and other records may be subject to different retention or overwriting practices.

Injured in a Dallas 18-Wheeler Wreck?

If you were seriously injured by an 18-wheeler, determining what the truck driver did is only part of the investigation.

The trucking company's hiring decisions, training, supervision, dispatch practices, maintenance history, electronic monitoring, and safety records may also help explain why the wreck happened.

The Wooley Law Firm represents people seriously injured in 18-wheeler and commercial truck wrecks throughout Dallas, Dallas County, and North Texas.

We investigate not only the collision itself, but also the companies, records, electronic data, and safety decisions behind the truck and driver.

Call (214) 699-6524 for a free consultation. You don't pay unless we win.

Disclaimer

This article is for general informational purposes only and is not legal advice. Reading it does not create an attorney-client relationship. Every case is different.