When Can a Trucking Company Be Held Liable for an Accident?

 Posted on July 28, 2025 in Truck Accidents

It is no exaggeration to say that many truck accidents are life-threatening. If you or a loved one has been badly injured in one of these collisions, it is only natural to want justice. But who can be held responsible? The answer depends on the specifics of your case. The trucking company itself can be held liable in some circumstances. A Cook County, IL auto accident attorney can help you pursue a claim, standing up for your rights.

No case is too big or too small for our firm. At Law Office of J. Francis Barker, P.C., we can assist with the process of filing a personal injury claim against a negligent trucking company.

Why Scope of Employment Matters in Truck Accident Claims

As a general rule, employers are responsible for any accidents caused by their employees – a legal principle known as vicarious liability. However, vicarious liability does not apply to every truck accident. A trucking company can only be held liable under this principle if the employee was acting "within the scope of his or her employment." This means that the employee must have been doing his or her job at the time of the accident.

Vicarious liability usually applies if you were struck by a truck driver on the job. Exceptions may apply if the truck driver was making an unauthorized trip or was not on the clock.

How Negligent Hiring Practices Lead to Truck Accidents

Even if vicarious liability does not apply, a trucking company could be held liable on other grounds. For instance, if the company engaged in negligent hiring practices, fault for the accident could be traced back to the company.

Negligence is an important concept in personal injury claims, not just truck accidents. It means that someone acted carelessly in a way that resulted in damage to someone else. In truck accidents, this sometimes manifests as trucking companies hiring people with a poor driving record. At Law Office of J. Francis Barker, P.C., we are prepared to investigate the practices of a trucking company to see if a grievous error was made.

Can a Trucking Company Be Held Liable for Unsafe Practices?

Aside from not training or screening new hires, negligence can extend to other business practices. Sometimes, trucking companies prioritize turning a profit over highway safety. These companies may encourage employees to take on long hours – risking driver fatigue – or impose tight deadlines that put pressure on drivers to exceed speed limits.

At Law Office of J. Francis Barker, P.C., we can look for evidence of negligence by trucking companies. Black box data can show how fast a trucker was going at the time of the crash. Similarly, logbook hours may indicate that the driver was overworked. This evidence can potentially be linked back to the company, indicating its fault for the accident.

Contact an Orland Park, IL Truck Accident Attorney

Trucking companies are not untouchable. At Law Office of J. Francis Barker, P.C., we believe in justice, and so, we will fight to hold negligent companies and corporations accountable for your damages. Call our offices at 708-321-1223 to schedule a free consultation with a Cook County, IL personal injury lawyer.