Too many serious wrecks on Dallas roads involve commercial trucks — and when a big rig crashes into you, it’s common to ask: “Can I sue the trucking company too — not just the driver?” The short answer is yes — but it depends on the circumstances. In Texas, injured victims often have the right to hold a trucking company liable, not only for its driver’s mistakes but also for unsafe hiring, training, supervision, maintenance, and policy failures that played a role in the crash.
This post breaks down how that works under Texas law, what you need to prove, how statutes in the Texas Civil Practice & Remedies Code apply, and what practical steps victims should know before pursuing a claim.
In most trucking wrecks, liability isn’t limited to the individual truck driver. Texas law recognizes that companies bear responsibility when their operations and choices contribute to a crash.
Under the long‑established doctrine of respondeat superior, an employer can be held responsible for its employee’s negligent conduct if the driver was an employee at the time of the crash and acting within the scope of employment.This means that if a driver’s mistake causes a wreck while performing job duties — for example delivering freight in the course of a shift — the trucking company can be liable for resulting injuries. (Texas Trucking Law)
Texas Civil Practice & Remedies Code § 72.054 specifically governs these claims in commercial motor vehicle cases. The statute says (paraphrased):
That statutory bifurcation rule means the case may be split into phases so that liability for the driver’s negligence is determined first, and claims against the employer are addressed after.
One frequent defense trucking companies raise is that a driver wasn’t an employee — but an independent contractor. If the driver was truly independent and not under the company’s control, it can limit or even avoid vicarious liability. In practice, your counsel will investigate pay structure, contracts, and control over the driver’s schedule and work to determine employment status. (Texas Trucking Law)
Even when respondeat superior applies, Texas law allows direct claims against trucking companies for their own negligent acts or omissions — not just for the driver’s mistakes. That means you can pursue a case based on policies, practices, and choices the company itself made (or failed to make) that led to unsafe conditions.
Here are the main types of direct negligence claims commonly raised in Dallas and Texas truck accident cases:
If a trucking company hires or keeps drivers with dangerous histories — such as repeated traffic violations, DUIs, suspended licenses, or poor safety records — that can be a basis for a lawsuit. Federal trucking rules require carriers to check a driver’s background, driving record, and drug test history before hiring; ignoring these duties may show negligence. (Texas Law Guns & Injury Lawyers)
Trucking companies must adequately train drivers on safety rules, hours‑of‑service limits, and handling large vehicles in traffic. Failing to do this — or failing to supervise drivers who repeatedly violate safety policies — can be direct evidence of company negligence. (Texas Law Guns & Injury Lawyers)
Commercial trucks require regular inspections, maintenance, and repairs. If a company fails to keep brakes, tires, or steering systems in safe condition and that failure contributed to the crash, it can be held accountable. (Texas Law Guns & Injury Lawyers)
Trucking companies are subject to Federal Motor Carrier Safety Regulations (FMCSRs) and Texas Transportation Code safety standards. Ignoring required rest breaks, pushing drivers to exceed hours‑of‑service limits, falsifying logs, or operating overloaded rigs are all factors that courts may consider negligence or evidence of reckless conduct. (Texas Law Guns & Injury Lawyers)
If a trucking company lets a driver operate a truck despite knowing — or failing to learn — that the driver was incompetent or unfit, you can bring a negligent entrustment claim. That means the company negligently gave control of a powerful vehicle to someone it should not have entrusted to operate it safely. (Texas Trucking Law)
Building a claim against a trucking company usually requires more robust evidence than a typical car crash case. That’s because commercial operations keep detailed records that may help explain what happened — and whether the company complied with its legal duties.
Important sources of evidence often include:
These records help show patterns — such as ignored safety protocols or failure to fix known mechanical problems — that point to company negligence.
Two key Texas codes come up in trucking negligence cases:
Failing to file within this timeframe usually means you lose your right to sue, even when the case is strong.
Truck wrecks often involve multiple responsible parties. In addition to the trucking company and driver, you might have claims against:
Texas follows a modified comparative fault system under which your recovery can be reduced by your percentage of fault — but if you’re found to be more than 50 % at fault, you cannot recover at all.
1. Can a trucking company avoid liability by claiming the driver was an independent contractor?
Yes — if the driver was truly an independent contractor and not an employee, it can limit vicarious liability. But courts look at control and the relationship in fact, not just labels.
2. Is the trucking company liable if the driver was off duty?
Generally not under respondeat superior if the driver was not performing company tasks at the time. But the company may still face other claims if its policies or maintenance were negligent.
3. What kind of damages can I recover?
Victims commonly seek compensation for medical bills, lost income, pain and suffering, disability, and in fatal cases, wrongful death damages. If extreme recklessness is shown, punitive damages may also be available.
If you or a loved one has been severely injured in a truck collision, it’s important to preserve evidence, document your injuries, and understand your legal rights under Texas law as soon as possible. Linking your situation to applicable statutes like Texas Civ. Prac. & Rem. Code § 72.054 and other regulatory laws will be critical in proving liability.
For practical guidance on pursuing compensation and protecting your legal rights, visit our Truck Accident Attorney page.