Every year tens of thousands of commercial truck accidents cause major property damage, catastrophic injuries, and in many cases even fatalities all over the country. After a commercial truck triggers one of these serious crashes, accident victims and their loved ones may decide to seek compensation for the damage they suffered. In those situations, though, they may wonder: Do I sue the truck driver or the trucking company after a truck accident?

Answer: A commercial truck accident victim would most likely sue both the truck driver who hurt them and the company who put that driver on the road.

In this article we will discuss why both the driver and his employer may be considered defendants after a truck accident.

Why Sue the Truck Driver?

Generally speaking, a truck accident victim will probably sue both the trucker and the company he works for. As the driver's mistake is usually the cause of a victim's injuries, it's necessary to name that person in a lawsuit. Unlike regular car accidents, though, the line of defendants often doesn't stop there. Under the legal principle of respondeat superior, or "let the master answer," an employer shares liability with an employee when that employee is on the job. Since the company profits from things going right, it should be accountable when things go wrong—particularly in a way that hurts or kills someone.

Without respondeat superior companies would be a position to have their cake (the benefits that come with employees) and eat it too (wash their hands anytime something bad happens).

Why Sue the Trucking Company?

Of course, there are countless instances in which the company's own negligence may have directly or indirectly contributed to the truck accident, including:

• Improper hiring/supervision practices
• Incentivizing unsafe driver behavior
• Lack of proper training
• Overworking drivers
• Failure to repair/maintain the truck

That's just a handful of the many ways a company might sacrifice best practices for the sake of landing more contracts and "getting the load on the road."

Think of it this way: The company is the one setting policies, hiring drivers, and enforcing the rules those drivers have to follow. It also benefits directly from the driver's actions by getting paid for a successful delivery.

What Is the Legal Strategy Behind Suing the Truck Driver and Trucking Company?

From the victim's perspective, proving liability against the driver or the trucking company accomplishes the same thing--it satisfies the law's burden to prove negligence. In theory, it doesn't matter whether a jury puts more fault on the driver's actions or the company's because the trucking company ends up answering either way.

But in the real world, there are two important reasons to properly apportion blame between the driver and his employer. First, justice demands that people answer for their own actions. If a trucking company set up its driver to fail, it would be wrong to pin the blame on the driver. The company should answer in those situations. Secondly, truckers are usually far more sympathetic to juries than trucking companies. Most drivers are honorable folks just trying to put food on the table, and sometimes they make mistakes after a long or bad day. However, society as a whole expects trucking companies to prioritize safety—something they are required to do by law. When they don't, and their neglect results in a serious injury or death, juries generally don't lose any sleep punishing the company for its shortcomings.

What Does This Mean for Truck Accident Victims?

Victims and families who get caught up in truck accident litigation are often at a loss for what to do. Even the first step of identifying everyone responsible for their injuries can be tough, and that's just the beginning of a long and complex process.

In those times many people find it's in their best interests to work with experienced truck accident attorneys. Lawyers with a long record of careful accident investigation, keeping insurance and defendants in line, and putting effective cases together can be invaluable to folks unfamiliar with the law who are just trying to get back on their feet.

The Texas attorneys at Grossman Law Offices have decades of experience holding reckless truck drivers and their negligent employers accountable. If you were hurt or lost a loved one in a crash with an 18-wheeler or other commercial vehicle, call Grossman Law any time for a free and confidential consultation.