Can You Sue a Trucking Company After an Accident in Florida?

Truck accidents often result in catastrophic injuries and life-altering consequences. When a commercial truck collides with a passenger vehicle, the results can be devastating due to the sheer size and weight of the vehicle. In Florida, victims of these crashes frequently ask, can I sue the trucking company or just the driver?

The short answer is yes; you can sue a trucking company under certain conditions. In many cases, the company behind the truck shares responsibility for the crash, either directly through negligence or indirectly through their employment relationship with the driver. Holding the company accountable not only opens the door to greater compensation, but it also helps ensure that large carriers adhere to safety regulations intended to protect the public.

At Kemp Injury Law, we work with victims throughout Polk County to investigate every possible avenue of liability, including corporate misconduct, negligent hiring, or violations of federal trucking laws.

Understanding Vicarious Liability: When the Company Is Responsible for the Driver

Under a legal doctrine called vicarious liability, employers can be held responsible for the actions of their employees. If a truck driver causes an accident while performing work-related duties, such as transporting goods on a designated route, the trucking company may be liable for any resulting damages.

This means that even if the crash was caused by a driver’s careless action, like speeding, distracted driving, or failing to yield, the company that employs them can still be named in a lawsuit. However, this only applies if the driver was acting within the scope of their job. If the driver was off duty or engaging in unauthorized conduct, things become more complicated and may require further legal analysis.

Suing the company is often a better strategy than targeting the individual driver alone, as companies are more likely to carry substantial insurance policies and assets to pay out large settlements or verdicts.

Direct Negligence: When the Company’s Own Actions Cause Harm

In addition to vicarious liability, trucking companies can also be sued for direct negligence, meaning their own actions, policies, or failures contributed to the crash. Some common examples include:

• Negligent Hiring: Employing drivers with poor safety records, DUI convictions, or no proper commercial driver’s license (CDL).
• Inadequate Training: Failing to properly train drivers in defensive driving, handling hazardous conditions, or operating specific vehicles.
• Improper Maintenance: Ignoring required vehicle inspections or failing to repair known mechanical issues, such as faulty brakes or worn tires.
• Hours of Service Violations: Encouraging or forcing drivers to exceed legal driving limits, leading to fatigue and reduced reaction times.
• Poor Supervision or Retention: Keeping drivers who routinely violate safety policies or traffic laws.

These types of claims are often backed by company records, driver logs, inspection reports, and internal communications. That’s why it’s critical to begin gathering evidence immediately after the crash — before it disappears or is intentionally concealed.

Trucking Regulations That May Support Your Case

The commercial trucking industry is regulated by both federal and state laws. In Florida, companies must comply with the Federal Motor Carrier Safety Regulations (FMCSRs) set by the U.S. Department of Transportation. These rules cover everything from how many hours a driver can be on the road to how often a vehicle must be inspected and maintained.

Violations of these regulations can serve as strong evidence of negligence in your claim. For example, if it’s discovered that the trucking company failed to enforce rest periods, skipped required maintenance, or ignored drug testing procedures, those violations can be used to hold them accountable.

An experienced truck accident attorney will know how to obtain these records through legal discovery and how to use them to build a strong case on your behalf.

Why Suing the Trucking Company Can Improve Your Compensation

Truck accident injuries often lead to massive medical bills, long-term rehabilitation, lost income, and permanent disability. These damages can easily exceed the policy limits of an individual truck driver’s insurance. By including the company in your claim, you increase the potential pool of compensation available to cover:

• Medical expenses (past, present, and future)
• Lost wages and diminished earning capacity
• Pain and suffering
• Permanent disability or disfigurement
• Wrongful death damages (if applicable)

Trucking companies also tend to have commercial liability insurance policies with higher limits, and they may be motivated to settle early to avoid bad publicity or punitive damages.

Call Kemp Injury Law After Your Florida Truck Accident

Suing a trucking company isn’t just about financial recovery; it’s about justice. These companies have a legal and ethical duty to put safety first. When they cut corners or place profits over people, they must be held accountable.

At Kemp Injury Law, we have the experience and resources to handle complex truck accident litigation. We understand federal trucking regulations, how to investigate corporate liability, and how to take on major insurance carriers. If you were hurt in a commercial truck accident in Polk County, you shouldn’t have to take on a large trucking company alone.

Contact us today for a free consultation. We’ll review your case, explain your legal options, and help you take the next step toward recovery.