How To Prove A Trucking Company’s Negligence In Your Injury Claim
Mon 31 Mar, 2025 / by Parker and Parker / Personal Injury
Getting in an accident can be a harrowing experience, and it can be even more extreme if the vehicle accident involves a truck. As you begin to rebuild your life, you may try and recover damages from the accident. But this can be very tricky because, very likely, the truck driver is an employee of a trucking company. This means that, unlike in other cases where you file suit against a driver, there might be multiple parties involved, including the trucking company that employs the driver. Therefore, if you have been injured in an accident involving a commercial truck, proving that the trucking company was negligent can be critical to recovering compensation for your damages. Here is how a trucking company’s negligence contributed to the accident.
What Is Negligence?
In order to establish that someone is liable for your injuries, you need to show that their actions or inactions caused your injury. One way to establish liability is to prove that the party was negligent. Someone who is negligent does not necessarily set out to harm someone; however, their action or inaction causes harm. Negligence happens when a person fails to exercise reasonable care and this causes someone harm. To prove negligence, four elements must be established: duty, breach, causation, and damages. The defendant must have owed a duty of care to the plaintiff. There must be a breach of that duty (through action or inaction). The breach must be the proximate cause of the plaintiff’s injury. The plaintiff must have suffered actual harm or loss as a result.
How Might The Trucking Company Be Negligent?
As an accident victim, you might believe that all fault rests with the truck driver. But if the truck driver is employed by a company, that company has certain responsibilities as well. Here are some common ways that the trucking company could be negligent:
Hiring Unqualified Drivers
If an unqualified driver causes an accident, the company can be held directly liable for negligent hiring. Trucking companies are responsible for ensuring that every driver they put on the road is properly licensed, trained, and fit to operate a commercial vehicle. This includes verifying that the driver holds a valid Commercial Driver’s License (CDL), as required by federal law. A company that hires a driver without a valid CDL or with a history of traffic violations, DUIs, or prior accidents may be considered negligent. Failure to conduct thorough background checks—including driving records, criminal history, and previous employment—can also indicate carelessness in the hiring process.
Inadequate Training
Even if a driver is licensed, it is the trucking company’s duty to ensure they are adequately trained for the specific type of work they will perform. This includes proper handling of different types of trucks, driving in bad weather, and securing various types of cargo. Drivers transporting hazardous materials or oversized loads require specialized training, and companies must ensure compliance with these regulations.
Poor Supervision
Beyond hiring and training, trucking companies are also required to monitor their drivers’ performance on an ongoing basis. This includes conducting regular evaluations, enforcing safety protocols, and ensuring drivers comply with drug and alcohol testing requirements. If a company fails to act on a truck driver’s red flags—such as reports of reckless driving, prior accidents, or failed drug tests—it may be guilty of negligent supervision.
Failure to Maintain Trucks
Trucking companies are legally required to conduct routine inspections, maintenance, and repairs to ensure their fleet is safe and roadworthy. This includes checking the brakes, tires, steering wheel, lights, and everything else. Failure to properly maintain trucks can lead to mechanical failures on the road—such as brake failure, tire blowouts, or engine malfunction. These cause serious or even fatal accidents. If a trucking company did not properly maintain the truck, and the lack of maintenance played a role in a crash, the company may be liable for negligent maintenance.
Pushing Drivers to Violate Hours-of-Service Rules
The Federal Motor Carrier Safety Administration sets strict Hours-of-Service (HOS) regulations that limit how many consecutive hours a trucker can drive without taking breaks or resting. These rules are designed to prevent driver fatigue, a leading cause of truck accidents. However, some companies pressure drivers to meet tight delivery schedules. In some cases, they could even encourage drivers to falsify their logbooks so that they get to their destination faster but do not violate federal regulations. If a fatigued driver causes an accident and evidence shows the company contributed to the violation of HOS rules, that company can be held liable for prioritizing profit over public safety.
I Think The Company Was Negligent: What Now?
The most important thing that you can do is to start gathering evidence right away. However, you might not know where to start, and the trucking company might be less than helpful in getting you information. This is where an experienced trucking attorney can be very useful, as they know where to look and can subpoena the trucking company if necessary.
Some evidence to secure are things such as driver logs, maintenance records, and electronic logging devices. Driver logs can reveal violations of HOS regulations or signs of fatigue, while employment records may uncover issues in the hiring, training, or supervision process. Maintenance records are critical in showing whether the truck was regularly inspected or if mechanical issues were ignored. Electronic logging services track driving hours, speed, and braking patterns—offering valuable insights into the driver’s behavior.
Contact An Experienced Truck Accident Attorney
Proving a trucking company’s negligence in an injury claim requires gathering extensive evidence and having a clear understanding of trucking regulations. Consulting with a personal injury attorney or even an accident attorney may not be sufficient. Make sure that the attorney understands the nuances of trucking accidents, as they can help you get the maximum recovery for your injuries.