Can You Sue a Trucking Company?

April 14, 2025 | By Colombo Law

Most truck accident lawsuits will name the truck driver as a defendant. While the driver of the truck may have directly caused the crash, liability often extends to other parties. For example, a skilled lawyer can determine whether the trucking company was responsible and file a trucking company lawsuit on your behalf.

Trucking companies are often large and powerful corporations. In addition to having significant financial resources, they have teams of lawyers whose primary responsibility is to fight legal claims. You need an experienced truck accident lawyer on your side to take on these companies.

Colombo Law has gone up against many trucking companies and freight carriers, obtaining multi-million-dollar results for a number of clients who were injured or lost loved ones in accidents. We can determine if you have a viable trucking company lawsuit and handle all aspects of your case—up to and including trial, if necessary.

For a FREE case review, call Colombo Law at one of our Ohio offices. We serve truck accident victims in Columbus (614-362-7000) and Cincinnati (513-599-8841), as well as communities throughout Ohio.

Who Is Responsible for Truck Accidents?

Often, multiple parties share responsibility for accidents involving semi-trucks. It’s one of the unique characteristics that make truck accident litigation very different from other types of accident cases. Responsibility for the crash may lie with the truck driver, the trucking company, and one or more additional parties.

Are Trucking Companies Liable for Accidents?

Trucking companies may be held liable for accidents caused by drivers who are employees of the company. Ohio recognizes the legal principle of “respondeat superior,” or vicarious liability. Under this doctrine, an employer may be sued for injuries and damages arising from the negligence or wrongdoing of an employee in the course of their work.

The first step is determining whether the truck driver was negligent. Speeding, fatigue, and driving while distracted or under the influence are all common examples of truck driver negligence. If the commercial driver caused the accident while operating an 18-wheeler as part of their employer’s business, the company may be vicariously liable for your injuries and the losses you sustain.

Are Trucking Companies Legally Responsible for Drivers?

Sometimes truck drivers are classified as independent contractors rather than employees of the trucking company. If this is the case, vicarious liability may not apply. However, you may be able to file a trucking company lawsuit if the company’s negligence contributed to the accident.

When Can You Sue a Trucking Company?

As with truck drivers, trucking companies may be sued when their negligence or wrongdoing leads to accidents. Examples of negligence for which the trucking company may be held liable include:

Negligent hiring practices, such as hiring unqualified drivers or those with a history of violations and accidents
Hours of service violations (the hours of service regulations set limits for the number of hours a commercial driver can go without rest breaks and sleep)
Inadequate maintenance of trucks, which can lead to breakdowns and mechanical failures
Failure to conduct drug and alcohol tests—the Department of Transportation has stringent requirements for pre-hire, post-accident, and randomized testing for drugs and alcohol
Negligent supervision of drivers, including failure to take disciplinary action
Inadequate safety training and failure to uphold federal trucking regulations

In the immediate aftermath of a truck accident, you probably won’t be able to tell if these issues were a factor. An experienced trucking accident lawyer in Ohio can investigate and obtain evidence essential for your claim, as well as identify any and all defendants.

What If I Was Partly Responsible?

Ohio laws use a modified comparative negligence standard in personal injury claims. This generally allows injury victims to seek compensation even if they are partly responsible.

Your share of fault cannot exceed that of the defendant(s). If you are found to be 50% or less at fault, any damages you are entitled to will be reduced in proportion to your percentage of liability.

Determining fault for a truck accident can be difficult, and you may be blamed for something you didn’t do. It is crucial to seek legal counsel after a crash with an 18-wheeler to protect your rights and ensure that the parties at fault can be held accountable.

How Can I Sue a Trucking Company?

Once your attorney has investigated the accident and collected evidence, they will work with you to determine the next steps for your claim. This may involve filing a lawsuit against the trucking company and any other defendants in the case. Steps involved in a trucking company lawsuit generally include:

1. Filing the Complaint

The complaint is the official court filing that starts your lawsuit. It includes details such as:

A summary of the truck accident and your injuries
Parties in the case (this may include the truck driver, the trucking company, etc.)
Damages and the compensation you are seeking

Your lawyer can complete the complaint on your behalf and file it with the court. Once the complaint is filed, the defendant(s) will be notified of the lawsuit and have a chance to respond.

2. Negotiating a Settlement

Trucking companies and insurance carriers generally try to avoid litigation and trials due to the time, cost, and uncertainty involved. Unfortunately, this does not mean that they will be willing to offer you a fair settlement.

3. Trial Preparation

Preparing for trial is a complex process. Much of the evidence for your case may be in the trucking company’s possession, such as driver records, maintenance and inspection reports, electronic data, etc. An experienced trial attorney who is versed in truck accident claims will take steps to secure the evidence needed to prepare a strong case on your behalf. This may include:

Making requests to preserve and produce evidence
Submitting written interrogatories
Conducting depositions
Performing additional investigation and evidence gathering
Consulting expert witnesses

Most people are reluctant to go to trial. They’ve never been in a courtroom before, and a successful outcome is not guaranteed. Most lawsuits are settled before they go to trial, but there is always a chance that the matter may go to court. A skilled truck accident lawyer can help you know what to expect, inform you of any developments, and, if necessary, represent you at trial.

What Damages Can I Sue a Trucking Company For?

Your injuries after a collision with a semi-truck are likely to be severe. When a company violates safety rules or puts profits ahead of people, it is important that they be held accountable. Legal action cannot reverse the injuries you have suffered and the damages you have incurred, but it may help you obtain justice and financial support in the aftermath of the crash.

Damages you may be entitled to in a trucking company lawsuit include:

Medical bills
Current and future expenses for rehabilitation and therapy
Lost wages
The cost of modifying your home and/or vehicle
Home-based medical care and household services
Pain and suffering
Mental and emotional anguish
Permanent disability
Scarring and disfigurement
Loss of enjoyment of life
Punitive damages

Tragically, some big rig collisions result in one or more fatalities. You and your family may be able to recover compensation for this devastating loss through a wrongful death lawsuit.

In Ohio, wrongful death claims must be brought for the benefit of the victim’s surviving loved ones. This may include a spouse, children, parents, etc. Potential compensation in a wrongful death claim includes loss of earnings and financial support, funeral expenses, loss of society and companionship, mental anguish, and more.

Find Out If You Have a Trucking Company Lawsuit

When an 18-wheeler is involved in an accident, trucking companies and insurers may offer to settle the case quickly. You may not realize that this is for their benefit, not yours. That is why we strongly recommend not talking to the trucking company. Our lawyers know the tricks, and we can fight for the full compensation you deserve.

At Colombo Law, we are renowned for our skill and experience in truck accident litigation. Though we are often able to reach favorable settlements, our emphasis on trial preparation means we are willing and able to file a lawsuit against the trucking company and any additional defendants. If necessary, Colombo Law can capably represent you at trial.

Contact Colombo Law Today

Don’t settle for less than you deserve. The truck accident attorneys at Colombo Law can explore your legal options at a FREE consultation. Contact us today for assistance in Columbus, Cincinnati, or elsewhere in Ohio.