When a crash involves a large truck, the injuries and property damage can feel overwhelming. If someone else's negligence was the cause of this accident, you may have legal recourse. What some people don't understand in these cases is whether they need to file an insurance claim or personal injury lawsuit with the truck driver, the trucking company, or both.
Figuring this out is important if you want to recover costs for medical bills, lost pay, car repairs, and other losses. One of the best ways to do this is to work with an experienced truck accident attorney. Our firm has been handling these cases for decades, and we’re always happy to assist.
Table of contents
- When a truck driver may be personally liable
- When a trucking company can be held responsible
- Independent contractors vs. employees in trucking accidents
- Shared liability between drivers and trucking companies
- Why identifying the correct defendant matters in a truck accident claim
- Looking for a local Alabama truck accident attorney? We’re here to help
When a truck driver may be personally liable
After a truck accident, the truck driver themselves may be personally liable. Understanding the situations where this is most common is helpful for victims so they know who to file their claim against.
Breaking traffic laws or safety regulations
If a driver operates a truck in violation of laws or industry rules, courts often hold them personally responsible for resulting harm. Common examples are running a red light, speeding, driving under the influence, or texting while driving.
Intentional or reckless conduct
If the driver intentionally harms someone or shows a clear disregard for others' safety, the court might find them directly liable. This can happen if a driver becomes aggressive on the road or drives recklessly during road rage incidents.
Violations of federal trucking regulations
Truck drivers and their companies must follow strict safety rules under the FMCSA. One rule often violated is the hours-of-service regulation, which dictates how many hours in a row a driver can drive and how long they must take off before they can start driving again. Sometimes, an investigation will turn up clear violations, such as a driver operating their vehicle for too long, or less clear situations where the driver or company misrepresented or hid the hours driven.
Operating outside of employment duties
There are times when the truck driver acts in a way totally unrelated to their job. For instance, if a driver decides to use the company truck for personal chores or errands, crashes it, and causes injuries under those unrelated circumstances, legal responsibility centers more on the individual than on the company.
When a trucking company can be held responsible
Personal responsibility does not always end with the driver. Trucking companies sometimes bear legal risk for injuries and property damage as well, meaning both the driver and the company could be responsible.
Employer responsibility and agency relationship
A trucking company may be held accountable for its employees’ actions under the legal doctrine of respondeat superior. This means that if an employee hurts someone while acting in the scope of employment, the company may be legally liable. These cases do not require the trucking company itself to be reckless or to break the law; instead, the company is indirectly liable.
Negligent hiring, training, and supervision
In other cases, the trucking company could be directly liable. They have an obligation to act responsibly when bringing drivers onto their team. Negligent hiring occurs when a company hires a driver it shouldn't have hired.
For example, if they either failed to run a background check or ran one and ignored red flags, like prior DUIs, this could lead to a negligent hiring case if the driver injures someone.
Companies must also train their drivers and monitor their ongoing safety. For instance, letting untrained drivers work on busy truck routes or ignoring warning signs in employee conduct can form the basis of legal responsibility for a crash.
Independent contractors vs. employees in trucking accidents
In the trucking industry, accidents often bring up the question of whether a driver was working as an employee or as an independent contractor at the time of the crash. This difference matters a lot for accident victims, because it helps determine who may be legally and financially responsible for paying damages under Alabama law.
Alabama’s “right of control” test
When courts in Alabama decide if a truck driver is an employee or an independent contractor, they rely on what’s known as the “right of control” test. This doesn't simply look at the contract or how the driver is compensated. The most important thing is control, or how much influence the company has over how the job is actually done.
If the trucking company reserved the right to control how the driver performed the work, not just the end result, that may support a finding that the driver was acting as an employee rather than an independent contractor, even if the contract labels them as a contractor.
Impact on legal responsibility
If the court finds that the driver was an employee, accident victims can typically hold the trucking company accountable for the driver’s actions using the company’s insurance and resources.
This follows the standard rule that employers can be legally responsible for harm caused by employees in the course of their work. If the driver is an independent contractor, the company is not automatically liable, but it may still be responsible under theories such as direct negligence or certain regulatory duties.
Shared liability between drivers and trucking companies
It’s not unusual for both a truck driver and the trucking company to share responsibility after a serious accident in Alabama. The law allows more than one party to be held accountable when their actions work together to cause harm. Shared liability means that financial responsibility for injury, property damage, or other losses may be shared among several people and companies involved in the incident.
How courts apportion fault in Alabama accident cases
Alabama’s approach to shared fault is very different from that in most other states. Alabama follows contributory negligence, meaning a plaintiff who is found to be at fault (even slightly) may be barred from recovering compensation, subject to limited exceptions. This is because they follow contributory negligence rather than modified or pure comparative negligence.
Suing more than one party
For victims dealing with truck accidents, naming more than one party gives you better odds that sufficient money will be available to cover your expenses and losses. You don’t personally have to try to determine who holds what percentage of fault; the insurance company, court, and your lawyer will do that.
Why identifying the correct defendant matters in a truck accident claim
Choosing the right defendant can be the determining factor in whether you can recover compensation or not. If you only name the truck driver and ignore the company that actually holds substantial insurance, you run the risk of winning a judgment but not being able to recover what you're really entitled to because the driver doesn't have any assets.
Meanwhile, large companies carry larger policies that actually cover the serious damage truck accidents tend to cause.
Looking for a local Alabama truck accident attorney? We’re here to help
If you’re looking for help with a truck accident case in Alabama, our firm is available and ready to assist. We’re located at 2311 University Boulevard, Suite A, Tuscaloosa, AL 35401. Whenever you’re ready to discuss your case, reach out and schedule your free consultation.
Contact Prince Glover Hayes to schedule a free case evaluation
Facing a trucking accident injury often leaves victims with questions and a lot of financial concerns. Understanding which party is responsible allows you to seek appropriate recourse for your injuries. You shouldn't have to handle this difficult situation on your own. Call us today to schedule a free consultation with an Alabama truck accident attorney.
Looking for a local Alabama truck accident attorney? We’re here to help
If you’re looking for help with a truck accident case in Alabama, our firm is available and ready to assist. We’re located at 2311 University Boulevard, Suite A, Tuscaloosa, AL 35401. Whenever you’re ready to discuss your case, reach out and schedule your free consultation.
Contact Prince Glover Hayes to schedule a free case evaluation
Facing a trucking accident injury often leaves victims with questions and a lot of financial concerns. Understanding which party is responsible allows you to seek appropriate recourse for your injuries. You shouldn't have to handle this difficult situation on your own. Call us today to schedule a free consultation with an Alabama truck accident attorney.