Can You Sue the Driver and Their Employer After a Truck Accident in Texas?

 Posted on June 19, 2026 in Truck accidents

You can sue both the truck driver and their employer after a truck accident in Texas, and in many cases, going after both is the right move. Trucking companies often have far more money than individual drivers, and they may share responsibility for what happened. Texas law allows injured victims to pursue every party whose negligence played a role in the crash. If you or someone you love was hurt in a truck accident in 2026, the Karnes City, TX truck accident lawyers at The Bettersworth Law Firm can help you figure out who is responsible and how to hold them accountable.

Why Would a Trucking Company Be Liable for a Driver's Actions?

Trucking companies can be held responsible for what their drivers do under a legal principle called respondeat superior. It simply means that an employer can be held liable for the negligent actions of their employee when those actions happen while the employee is on the job. If a truck driver was working when they caused the crash, the company they work for can be on the hook right along with them.

Trucking companies can also be held responsible for their own mistakes, separate from what the driver did. That means if the company itself did something wrong that contributed to the crash, they can be sued for that as well.

Ways a Trucking Company Can Be Negligent

Trucking companies have their own legal obligations, and when they ignore those obligations, people get hurt. Common ways trucking companies contribute to accidents include:

• Hiring drivers without checking their driving record or history

• Failing to properly train drivers before putting them on the road

• Pushing drivers to meet deadlines that force them to break hours of service rules

• Ignoring known mechanical problems or skipping required maintenance

• Allowing drivers with expired licenses or serious violations to keep driving

• Loading trailers beyond legal weight limits

When a company's own failures played a role in the crash, they can be sued directly for that, on top of being responsible for what the driver did.

What Federal Rules Apply to Trucking Companies and Drivers in Texas?

Commercial trucking is heavily regulated by the Federal Motor Carrier Safety Administration (FMCSA). These rules cover driver qualifications, hours of service, vehicle maintenance, and how cargo must be secured.

Under 49 C.F.R. Part 395, drivers are limited in how many hours they can drive without rest. Breaking these limits is one of the most common reasons truck drivers cause drowsy driving crashes.

Under 49 C.F.R. Part 396, trucking companies are required to inspect and maintain their vehicles regularly. When they skip this, brake failures, tire blowouts, and other mechanical problems can follow. When a company breaks these federal rules, and a crash happens, those violations become powerful evidence of negligence in your case.

What if the Driver Were an Independent Contractor?

Trucking companies sometimes argue they are not responsible because the driver was an independent contractor rather than an employee. However, Texas courts look at the actual working relationship, not just the contract. A company may still be held liable if it controlled the driver's work or negligently entrusted a truck to someone it knew, or should have known, was unsafe to drive.

What Evidence Is Critical in a Truck Accident Case?

Truck accident cases involve evidence that you would never find in a regular car accident case. Getting that evidence fast is one of the most important steps in building a strong claim.

Key evidence includes:

• Black box data from the truck, which records speed, braking, and other details from just before the crash

• Driver logbooks and electronic logging records showing whether the hours of service rules were followed

• The trucking company's maintenance and inspection records for the vehicle

• The driver's personnel file, including their history, training, and past violations

• Cargo records showing how the truck was loaded

• Dashcam footage from the truck or nearby vehicles

Much of this evidence is in the trucking company's hands. Unfortunately, they are not always willing to share it. An attorney can send a formal preservation letter right away to stop the company from destroying or erasing this information before your case gets started.

Schedule a Free Consultation With Our Comal County, TX Truck Accident Attorneys

A serious truck accident can change your life in ways that go far beyond the physical injuries. You deserve a legal team that treats your case with the attention and care it requires. Our Karnes City, TX truck accident lawyers bring 25 years of experience handling complex commercial vehicle cases, and we approach every case with both the fight it demands and the compassion our clients deserve. We keep our caseload intentionally low because we believe you should never be just a number. You will have direct, regular contact with the attorney handling your case, and you will never fall through the cracks because there simply are not any cracks to fall through. Contact The Bettersworth Law Firm by calling 830-606-0404 to talk through your situation today.