One poor choice by a truck driver can affect others. So who pays for the harm?
If a company driver causes a crash while performing job duties, the driver's employer may also be legally responsible.
According to the Texas Department of Transportation, Dallas County recorded 3,778 CMV-involved crashes in 2025. These statistics come from TxDOT and include more than just semi-trucks; this number also does not determine who was at fault.
When can you hold your employer liable for their driver's actions?
Below are the topics covered:
- Can I Hold My Employer Liable?
- What If My Employer Did Something Wrong?
- What If They Were Off The Clock?
- Evidence That Will Help Tie Your Case To Your Employer
- Why Texas Makes Your Case Different
- Things To Do After An Accident
Can I Hold My Employer Liable?
Under respondent superior, an employer may be liable for an employee's negligent driving within the course and scope of employment. Meaning that if someone is an employee and negligently injures someone, they can be held liable for that injury.
If a company driver runs a red light while making an assigned delivery and causes a collision, the employer may also be liable even if its managers were not at the scene. For later reference, use before the driver ran the red light rather than before the driver hit that red light. Even if your bosses weren't anywhere close to that intersection.
There are 2 things to ask:
- Were they an employee?
- Were they acting within the scope of their job?
Just because someone works for a company does not mean that they will be liable.
A truck accident attorney may look into dispatch orders, drivers' job assignments and see if the driver was working when they caused an accident. There are many resources that can be looked at to determine this. For example, Freese & Goss in Dallas describes reviewing driver logs, company records, and safety history when investigating truck crashes.
What If My Employer Did Something Wrong?
There may be something your employer did before the driver hit that red light.
Depending on your case, your employer could be held liable for what they did wrong. Here are some examples:
- They failed to properly hire the driver: If they didn't qualify their driver the way they were required to, they could have sent an unfit driver on the road.
- Unsafe schedules: Dispatch instructions may pressure a truck driver to violate applicable driving-hour or rest-period limits to meet a deadline.
- Failed to maintain the truck: Your employer could have known their brakes were bad and let the truck drive.
- Didn't supervise properly: If your employer knew about safety issues and didn't take action, they could be liable.
Again, these are just examples; to prove negligence, you must prove they owed a duty, breached that duty, and caused harm.
There are also federal regulations that your employer must follow if they fall under that category. Regulations such as hours on the road, inspection, maintenance, etc...
What If They Were Off The Clock?
There are cases that are trickier to determine who is at fault.
If a driver is hauling cargo, they are most likely working. However, if they took a truck on a personal trip, they may not be.
Course and Scope of Employment
Just because someone was driving after work doesn't mean they were on the clock. If they were traveling home and doing something for their employer, they could still be within the scope of their job. It all depends on the circumstances of the situation.
What if they are an Independent Contractor?
Many questions will need to be asked if the driver is an independent contractor. There are certain rules and regulations that can hold them or their employer liable.
Just because they wore a company uniform does not mean they were working for that company.
Evidence That Will Help Tie Your Case To Your Employer
Evidence can include the crash records and the trucking employer's records.
Some things to look for:
- Dispatch Orders: These can tell you where your driver was going, when they needed to be there, etc...
- Electronic logs: These may show driving hours and logged off-duty or sleeper-berth periods. They do not, on their own, prove actual sleep or fatigue.
- Driver Files: You can see if your driver was qualified, trained, had any past issues, etc...
- Maintenance Records: If your employer failed to fix an issue, these records can show that.
You can also use police reports, pictures, witnesses, etc., to back up your findings.
For example, you could show that your driver was driving for a long period of time using their logbooks. But you would need more evidence to prove that they were fatigued.
Make sure to act quickly; some driving logs are required to be kept for a certain amount of time, but electronic information can be wiped clean.
Why Texas Makes Your Case Different
In certain Texas truck-crash lawsuits, a valid claim may still face special rules about when particular evidence or negligence theories can be presented at trial.
Texas allows for certain trucking lawsuits to follow Chapter 72 of the Texas Civil Practice and Remedies Code.
In a lawsuit covered by Chapter 72, a defendant can request a two-phase trial by filing a timely motion. A timely employer stipulation that the driver was an employee acting within the scope of employment is a separate step that can limit certain ordinary-negligence claims and evidence in the first phase, subject to statutory exceptions. The first phase addresses liability and compensatory damages; the second addresses any exemplary damages.
A direct negligence claim, such as negligent maintenance, can still be pursued when it does not depend on finding the driver negligent. The facts of the case and other applicable law still matter.
Once you prove liability, you can be awarded money for medical bills, lost wages, property damage, etc.... A claimant cannot collect the same loss twice, but each defendant's financial responsibility depends on the applicable Texas fault and damages rules, including possible joint and several liability.
You typically have two years to file a personal injury lawsuit in Texas, but this can vary. Don't wait until the last minute; you may lose valuable information.
Things To Do After An Accident
After being in an accident with a commercial driver, here are some tips.
- Get Medical Attention & Report the Accident: If you need medical assistance, call the authorities and make sure you get medical attention.
- Gather Information: Take pictures, collect witness info, get a copy of the accident report, and make note of what company the driver worked for.
- Document your losses: Make sure to save any receipts, travel, doctor visits, etc...
- Talk To An Attorney About Evidence Preservation: An attorney can tell you what information you may need to gather from your employer's file, or truck information.
Don't assume who was at fault; give the facts of what you know and saw.
Conclusion
Just because someone is working for a company doesn't mean that they are liable for an accident. But if they were causing harm and were within the scope of their job, you may be able to hold them liable. There are also factors that can hold your employer liable; make sure to look into those as well.
