Can You Sue the Trucking Company After an Accident?
Posted on: December 15, 2025
When you have been injured in a truck accident, you are trying to find ways to maximize your compensation. Owing to the size disparity between the commercial truck and your car, you have likely suffered serious personal injury. Accordingly, you want to obtain as much money as possible for your injuries. Suing the trucking company is the most likely pathway to the largest amount of financial compensation. They are the most common defendant in truck accident lawsuits.
Why Is the Trucking Company Liable After Accidents?
The trucking company is liable for your injuries in its capacity as the driver’s employer. Under common law, there is no separation between employer and employee for purposes of liability. The trucking company is responsible for the actions of its drivers that occur within the scope of their employment.
Accordingly, if the driver is behind the wheel at the time of the accident, and they are driving for their employer, you can hold the trucking company legally responsible. Otherwise, the legal outcome would not be fair in any way. You would be left to proceed against the driver when they are not the ones with the capability to pay your damages. The trucking company cannot benefit from their driver’s actions at the same time that they try to avoid liability for them.
What Else Is the Trucking Company Liable for in an Accident?
The trucking company could have numerous independent grounds of liability beyond the fact that they employed the driver. For example, the accident could have been caused by poor maintenance and inspection practices on the truck. The trucking company is obligated to put a roadworthy vehicle on the road, and they could be liable for negligence if they fail to do so. In addition, a trucking company could also be responsible for negligent hiring and retention in its employment practices and decisions about independent contractors with whom to work.
Why Do I Want to Sue the Trucking Company?
When you are looking for the proverbial “deeper pockets” to sue after an accident, the trucking company has them. According to federal trucking regulations, the trucking company needs to carry at least $750,000 in insurance coverage. The reality is that many trucking companies will have more than the minimum basic amount to protect themselves from liability. You may go after the trucking company for any damages that the insurance policy does not cover.
If you take your case to trial and win, you may even be able to obtain punitive damages from the trucking company as ordered by a jury. You would stand to receive far more money by suing the company than you would by taking legal action against the driver.
Can I Sue Anyone Else Besides the Trucking Company?
Anyone whose careless actions played a role in your truck accident could potentially be held liable for damages in a lawsuit. As such, there may be additional defendants whom you may be able to sue either instead of or in addition to the trucking company. When you hire a truck accident lawyer for your case, they will conduct a broad investigation of the accident to learn every possible defendant. They are capable of going up against the insurance company and the lawyers that are hired to defend against the case you file.
Freehold Truck Accident Lawyers at Ellis Law Help You Pursue Justice
If you have been injured in a crash involving a commercial vehicle, reach out to the Freehold truck accident lawyers at Ellis Law. We can fight for you to be fully and fairly compensated for your injuries. To learn more, call us at 732-308-0200 or complete our online form today for a free consultation. We have offices in New Jersey, including Freehold, Neptune City, and Middletown, and New York, and we serve clients throughout both states.
