Yes, the driver can be named in a Texas lawsuit, but the trucking company and its insurance are usually what pays. An employer is generally responsible for a driver's negligence on the job, and interstate carriers must carry federal minimum liability coverage.
A truck driver who causes a crash is personally responsible for their own negligence and can be sued. In practice, drivers rarely have assets that match the size of a serious truck crash claim, so the case focuses on the motor carrier and the insurance behind it.
Texas law generally makes an employer liable for an employee's negligence committed in the course and scope of the job. When the driver was hauling a load or driving for the carrier, the company is usually responsible for the crash.
Coverage is where the case is paid. Under 49 CFR 387.9, interstate carriers of general freight must carry at least $750,000 in liability coverage, with higher minimums for certain hazardous materials. Claims can also reach a trailer owner, a shipper or loader that secured cargo badly, or a maintenance company, depending on the cause.
Texas also changed how commercial vehicle cases are tried. Chapter 72 of the Civil Practice and Remedies Code allows a defendant to ask for a two-phase trial, with the driver's negligence decided first and certain claims against the company about its own conduct reserved for a second phase. That makes early evidence about the company's hiring, training, and safety record more important, not less.
Name the right parties early and preserve the carrier's records. Owsley Law Firm handles 18-wheeler and commercial truck cases across Texas and charges no fee unless it wins.
What to do, step by step
- Photograph the truck's USDOT number and the company name.
- Get the driver's name, license, and employer.
- Get the police report, which lists the carrier.
- Have a lawyer send preservation letters to the carrier.
The USDOT number on the truck identifies the carrier in federal records and is the fastest way to confirm who was responsible for the driver and the load.
When a driver was off duty or using the truck for personal reasons, whether the employer is responsible becomes a fact question about the course and scope of employment.
Mistakes that cost people money
- Suing only the driver and missing the carrier's coverage.
- Accepting the carrier's account of who employed the driver without checking records.
- Waiting until logs and video are gone.
Related questions
Does the trucking company always pay?
Usually, when the driver was working for it, but the facts of the employment and the load matter.
How much insurance do trucks carry?
Interstate general freight carriers must carry at least $750,000 in liability coverage, with higher minimums for some hazardous materials.
Can the company be liable for its own conduct?
Yes, for example for negligent hiring, training, or maintenance, which are tried under Chapter 72 rules when that chapter applies.
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