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After a Truck Accident, Do I Sue the Driver or the Trucking Company?

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Kantrowitz, Goldhamer, Graifman, Perlmutter & Carballo, P.C.

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Written/Reviewed By:

Barry S. Kantrowitz, Esq.

Last Updated: Jun 5, 2026

Read Time: 4 mins

After a truck accident, you may be able to sue both the driver and the trucking company. However, it depends on the particular facts of your crash. Depending on who caused the accident, there are many potential parties that you may sue, including the driver and the trucking company. In general, it is wise to pursue a claim against multiple defendants when applicable, as they may share liability.

When is the Truck Driver Liable?

Just like drivers of regular passenger vehicles, truck drivers make mistakes and cause accidents. For example, they may speed, run a red light, make an unsafe lane change, drive while under the influence, or follow too closely. If a truck driver’s negligence caused your crash, then you can sue the driver directly.

When You Can Sue the Trucking Company

However, a trucking company often has much greater financial resources. Therefore, to maximize your financial compensation for your injuries, it might be a good idea to sue the employer as well– when applicable. To determine whether or not the trucking company may be liable for your crash, the following factors need to be considered:

The driver is likely to be considered an independent contractor if the following is true. They used their own truck, handled all repairs, were compensated per route, and taxes were not withheld from their payment. If so, the trucking company would not be liable.
If the driver was an employee, did the accident take place within the scope of their employment? For example, if the driver kept the truck after hours and was street-racing late at night, that would fall outside the scope of employment, and the company would not be liable. But, on the other hand, if the driver was on-duty and crashed into your vehicle while en route, then that would undoubtedly fall under the scope of employment.
Was the truck properly maintained? The trucking company has to ensure that the truck is safe for usage on public roads. If your crash was caused by faulty maintenance, then the employer could be liable.
Was the driver properly trained and vetted following a background check? If, for example, the driver wasn’t trained to operate a large truck before they side-swiped your vehicle, the trucking company would be liable. Similarly, suppose the driver had a checkered driving record that included multiple DUI’s and was intoxicated at the time of your crash, then the company would be liable.
The Federal Motor Carrier Safety Administration (FMCSA) regulates the hours a driver may drive. For example, it says that individuals may drive a maximum of 11 hours following 10 consecutive hours off duty. Further, they may not drive past the 14th consecutive hour after coming on duty, and they may not drive more than 60 hours in seven consecutive days or 70 hours in eight consecutive days. If a driver violates any of these rules and causes an accident, the trucking company may be liable.

Where Do I Go from Here?

There are several potential defendants in a truck accident case, and it can be challenging to determine which entities potentially caused your injuries. For that reason, our attorneys at Kantrowitz, Goldhamer, Graifman, Perlmutter & Carballo, P.C. strongly suggest that you consult with an experienced truck accident lawyer to gain an understanding of which defendants may be liable in your particular case.

Contact Us for a Free Consultation

Since 1975, our car accident lawyers at Kantrowitz, Goldhamer, Graifman, Perlmutter & Carballo, P.C. have been serving as tireless advocates for innocent victims here in New York. We pride ourselves on being big enough to do it all, and small enough to care about each client.

If you have been injured in a truck accident, call Kantrowitz, Goldhamer, Graifman, Perlmutter & Carballo, P.C. today to schedule a free case review with an experienced car accident attorney. We do not charge any fees unless you win your case.

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   LWelsh 
 10 days ago
 
 
 Trustindex verifies that the original source of the review is Google. Clever and efficient.
  
 
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   Kenny Perlow 
 31 days ago
 
 
 Trustindex verifies that the original source of the review is Google. KGG Law, and Barry Kantrowitz in particular, set the bar high for what a thorough, practical, strategic, compassionate and smart lawyer can be. Everything about Barry's advice and representation was exemplary and the stress mitigation that resulted was invaluable. On top of that, the ultimate result Barry achieved was beyond what was reasonable to expect and we are forever grateful. Often, people say that you hire a lawyer to prevent a problem. Sometimes, unfortunately, you need an attorney to solve a problem and I could not recommend Barry and his firm any more highly in that regard.
  
 
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   Aliza Ali 
 95 days ago
 
 
 Trustindex verifies that the original source of the review is Google. My dad had a great experience with this law firm. From the very beginning, the team was professional, knowledgeable, and always willing to answer our questions. They kept us informed throughout the entire process and made what could have been a very stressful situation much easier to handle. We truly appreciated their dedication, honesty, and hard work. Thanks to their support, my dad felt confident every step of the way. We are very grateful for everything they did and would highly recommend this firm to anyone looking for reliable legal representation.
  
 
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   Jana Montero 
 98 days ago
 
 
 Trustindex verifies that the original source of the review is Google. I had a wonderful experience working with Sam Smith. He was very responsive, thorough, and easy to work with from start to finish. He walked me through everything clearly and made what started as a very stressful situation for me into something completely manageable. I would not hesitate to recommend him and the firm!
  
 
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   Mike Sakmann 
 104 days ago
 
 
 Trustindex verifies that the original source of the review is Google. I sought legal advice regarding an employment matter and had an excellent experience working with Sam Smith, Esq. at KGG Law. Sam was thorough, attentive, and took the time to listen carefully to my concerns before providing clear, thoughtful guidance. I appreciated the professionalism and care shown throughout the process, and I would confidently recommend KGG Law to anyone in need of legal assistance.
  
 
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   Liz Hecker 
 110 days ago
 
 
 Trustindex verifies that the original source of the review is Google. I can't say enough about this firm. They manage to comfort you during the whole legal process while staying professional and doing what is right. I would recommend them to anyone and also hire them again if I need legal help.
  
 
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   Brandy Miller 
 133 days ago
 
 
 Trustindex verifies that the original source of the review is Google. Kate is the best. She helped me very quickly, and was very attentive with all of my needs. So thankful for her
  
 
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   Mike Greenspan 
 146 days ago
 
 
 Trustindex verifies that the original source of the review is Google. Kate Carballo is a dedicated, passionate, and creative attorney whom I had the pleasure to lecture with at a state trial lawyer's conference. Kate's lecture demonstrated how she uses her innovative and "out-of-the-box thinking" to achieve outstanding results for her injured clients. That Kate is certified by the Supreme Court of New Jersey as a civil trial attorney is a testament to her skills, experience and commitment to excellence.
  
 
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   Jonathan Sampson 
 153 days ago
 
 
 Trustindex verifies that the original source of the review is Google. Was referred to KGG law by a friend and could not have asked for better legal representation. They walked me through every step of the process after my accident and began every call with “ how are you feeling” which was just one example of how much they care about their clients. They handled my case very efficiently, professionally and courteously. My attorney Kate Carballo was a rock star! So clearly experienced, she consistently made me feel at ease with the process. Highly recommend
  
 
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   Vinnie Kung 
 156 days ago
 
 
 Trustindex verifies that the original source of the review is Google. We had a great experience with the team at KGG Law. While it was a traumatic time for our family, they made it very easy for us and explained all of our options. They even performed due diligence to make sure that after our settlement, there would be no further issues which I think is even more important than the settlement itself. Thank you!

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After a Truck Accident, Do I Sue the Driver or the Trucking Company?

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