Who Is Liable in a Truck Accident — the Driver or the Trucking Company?

The trucking industry is crucial to the US economy, and it is also one of the most heavily regulated industries. Truck drivers have a demanding job, but they are required to adhere to strict regulations, and their employers must enforce them at all times. An experienced attorney can help you determine who is liable in a truck accident case and guide you through the process of claiming compensation for the damages you suffered because of another party’s negligence.

Who Is Liable in a Truck Accident?

Most states follow the fault rule for vehicle accidents, meaning when multiple vehicles are involved in a crash, whoever caused the accident is liable for the resulting damages. After a truck accident, proving fault is likely to be the first challenge you face as you seek accountability and compensation for your losses, and you should hire a truck accident lawyer to represent you.

The National Safety Council reported 161,201 injuries and 5,340 deaths from large truck accidents nationwide in 2024. Whenever a large commercial truck collides with a smaller passenger car, the occupants of the smaller car are likely to suffer severe or fatal injuries. Whether you have been injured or you are taking legal action on behalf of an injured family member, it will be crucial to determine who is responsible for the accident.

Liability may fall on the truck driver if they were negligent or reckless in handling their vehicle, but their employer could be held vicariously liable for the accident under certain conditions. For example, if the trucking company failed to enforce industry safety regulations and this directly contributed to causing the accident in some way, then vicarious liability is likely to apply. Some examples of regulatory violations that may bring vicarious liability into play include: 

• Failure to properly train truck drivers and perform background checks.
• Failure to enforce hours of service regulations to prevent fatigued driving.
• Failure to follow rules regarding commercial vehicle maintenance.
• Failure to follow rules regarding proper cargo loading and securing special cargo.

These are just a few examples of how a trucking company could face liability for an accident involving one of their drivers. The truck driver’s employer in this type of case may not only face liability for the victim’s damages, but also additional penalties from government oversight agencies like the Federal Motor Carrier Safety Administration (FMCSA).

Why You Should Hire a Truck Accident Lawyer

Hiring experienced legal counsel can significantly improve your chances of not only successfully proving fault for the accident but also securing appropriate compensation for the damages you suffered. A skilled attorney can help you determine whether a trucking company bears vicarious liability for its driver’s actions and, if so, how this applies to your case.

You may have grounds to claim substantial compensation for your recent accident, but it is crucial to hire a truck accident lawyer as soon as possible to have the greatest possible chance of success with your case. The team at Bliven Law Firm, P.C. has over 30 years of experience helping accident victims recover throughout Montana, so contact us today and schedule a free consultation with an experienced truck accident attorney you can trust with your case.

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