Truck Driver vs. Company: Who’s Liable?

Determining Who Pays Depends on Employment and Control

After a serious truck crash, victims often ask the same question: who’s actually responsible, the driver or the company that hired them? The answer depends on one crucial detail: control. Who had the power to direct, supervise, and enforce safety rules? Who owned the truck? Who made the call that led to the crash?

In New York, these details can decide everything about your case. A driver may have been behind the wheel, but if the company pushed them to work illegal hours or failed to maintain the truck, liability doesn’t stop there. At Horn Wright, LLP, our 18-wheeler truck accident lawyers dig deep into those relationships to expose who really caused the harm, not just the person who happened to be driving.

When the Driver Alone Is Responsible for the Crash

Sometimes, it’s simple. A driver was reckless, distracted, or under the influence, and the evidence proves it. In those cases, liability falls squarely on the driver. Under New York Vehicle and Traffic Law §1129(a), every motorist has a duty to maintain a safe distance and control their vehicle. Violating that duty makes the driver personally responsible.

But even then, trucking companies rarely escape scrutiny. If the driver was an independent contractor, and the company didn’t control how they worked, the driver alone may bear legal responsibility. Yet, the truth is, many “independent” drivers still operate under a company’s authority. They wear the logo, use the truck, follow dispatch orders, which often means the company shares the blame.

At Horn Wright, LLP, we look beyond the job title. If a company benefited from the driver’s work, it should also bear the weight of the consequences when something goes wrong.

How Trucking Companies Are Liable Under New York Law

Under New York’s doctrine of respondeat superior, employers are responsible for their employees’ negligent acts if those acts occurred within the scope of employment. That means if a trucker was making a delivery, following company routes, or working scheduled hours when the crash occurred, the trucking company can be held liable, even if the driver personally made the mistake.

Federal law reinforces this duty. The Federal Motor Carrier Safety Regulations, specifically 49 C.F.R. §390.11, makes carriers accountable for ensuring compliance with all safety rules. That includes enforcing limits on driving hours, proper vehicle maintenance, and drug and alcohol testing. When companies ignore these obligations, they’re not just negligent, they’re breaking federal law.

We’ve handled cases where companies falsified logbooks, ignored mandatory rest periods, and forced drivers to meet impossible deadlines. Those shortcuts cost lives, and the law makes sure the responsibility runs uphill.

Shared Liability in Complex Truck Accident Cases

Not all crashes have a single culprit. Trucking cases often involve multiple layers of fault, the driver, the company, the maintenance contractor, or even the shipper that loaded the cargo. Each may have played a part.

For instance:

• A driver may have been speeding to meet a deadline.
• The company might have pressured them with unrealistic schedules.
• A maintenance provider could have ignored a brake defect.
• A shipper might have overloaded the trailer.

Under New York’s CPLR §1601, liability can be divided among multiple parties based on their share of fault. That’s why proper investigation matters. Without uncovering each piece of the puzzle, victims risk recovering less than they deserve. Our firm often brings in accident reconstruction specialists and federal compliance experts to show exactly how each defendant contributed to the disaster.

In Maine, Employer Liability Rules Are Narrower Than in New York

While New York takes a broad approach to employer responsibility, Maine’s laws are more restrictive. Maine courts often require stronger proof that an employer exercised direct supervision or control over the driver’s conduct before assigning liability. That can make it harder for victims to recover damages from companies when drivers are labeled as independent contractors.

By contrast, New York recognizes the realities of modern trucking, that “independent” often means “controlled in everything but name.” This difference often leads to larger and fairer recoveries for New York victims, especially when corporate negligence is clear.

That distinction highlights why choosing the right jurisdiction and legal team matters. The state’s laws can dramatically change the outcome.

How Victims Recover From Both Drivers and Companies

In many successful truck accident claims, recovery doesn’t come from one pocket, it comes from several. Victims may pursue compensation from:

• The driver’s personal insurance policy
• The trucking company’s commercial liability coverage
• Third-party contractors, such as maintenance shops or cargo loaders

New York’s vicarious liability laws allow multiple defendants to share financial responsibility for a single event. This layered approach ensures that victims aren’t left uncompensated just because one party lacks resources.

Our team at Horn Wright, LLP, carefully identifies every potential source of recovery. We trace ownership, leasing agreements, and insurance policies until we find every path toward full compensation.

Why Corporate Accountability Matters in Trucking Cases

When companies know they’ll be held accountable, they change how they operate. Lawsuits aren’t just about money, they’re about deterrence. Every case that exposes illegal scheduling, falsified logs, or unsafe maintenance practices sends a message to the entire industry.

We’ve seen trucking companies overhaul safety programs, retrain dispatchers, and adopt new monitoring technology after facing litigation. Accountability creates reform, and it keeps future drivers, families, and commuters safer.

Without that accountability, negligence becomes business as usual. And for the people who share the road with those trucks, that’s a terrifying thought.

Horn Wright, LLP, Holds Drivers and Companies Responsible for Truck Accidents

Truck crashes are rarely accidents in the truest sense. They’re preventable events caused by decisions, and those decisions start at the top. At Horn Wright, LLP, our personal injury attorneys pursue both drivers and corporations that put profit over safety.

We investigate from every angle: employment contracts, dispatch logs, black box data, and safety audits. When a company hides behind legal loopholes or blames the driver alone, we make sure the truth comes out in court.

Contact our office today for a FREE consultation.