Short answer: A truck accident claim frequently involves the driver, the motor carrier, the trailer owner, the shipper or loader, the maintenance contractor, and sometimes a freight broker. Each may carry separate insurance, which is why truck cases can support recoveries far beyond what a single auto policy allows.
The parties who may share responsibility
The driver
The obvious one. Speed, fatigue, distraction, impairment, or hours-of-service violations.
The motor carrier
Often the more substantial defendant. A carrier is vicariously liable for its driver acting within the scope of employment, and can be directly liable for negligent hiring, training, supervision, or retention — for example, putting a driver with a documented violation history back on the road.
The trailer owner
Tractor and trailer are frequently owned by different companies with separate insurance and separate maintenance responsibilities.
The shipper or loading company
Where cargo was improperly loaded, secured or weighted and that contributed to a rollover, jackknife or shifting-load crash.
The maintenance contractor
Brake failure and tire separation cases often trace to whoever was responsible for inspection and repair.
The freight broker
In some circumstances, for negligently selecting an unsafe carrier.
Why federal regulations matter so much
Interstate motor carriers are governed by the Federal Motor Carrier Safety Regulations, 49 C.F.R. Parts 380–399. These impose hours-of-service limits, driver qualification file requirements, drug and alcohol testing, and inspection and maintenance duties. A documented violation is powerful evidence of negligence — and the records that prove it are held by the defendant and retained only for limited periods.
The evidence has a short life
- Electronic control module data, which can be lost when the tractor is repaired or returned to service.
- Electronic logging device and hours-of-service records.
- Driver qualification file, training records, prior violations.
- Pre-trip and post-trip inspection reports and maintenance history.
- Bills of lading, dispatch records, cargo loading documentation.
- Post-crash drug and alcohol testing.
- Forward-facing and driver-facing dashcam footage.
Some federal retention periods are as short as six months. A spoliation letter demanding preservation should go out within days.
They start working before you leave the hospital
Major carriers maintain rapid-response teams dispatched to serious crash scenes within hours. They photograph, measure, interview witnesses, and retain experts while the injured person is still in an emergency room. That is not misconduct — it is preparation. It does mean that a claimant who waits weeks to act is already behind.
Frequently asked questions
How much insurance do trucking companies carry?
Federal minimums for interstate carriers commonly start at $750,000 and rise substantially for hazardous materials. Many carriers hold $1 million or more, often with excess layers above that.
Can I sue the trucking company directly?
You can sue the company itself. Since Act 275 of 2024 you generally cannot name its liability insurer as a defendant unless a statutory exception applies.
What if the driver was an independent contractor?
Carriers frequently argue this to avoid vicarious liability. Federal regulations and the degree of control actually exercised often defeat the argument, and it is a heavily litigated issue.
How long do I have to file?
For injuries on or after July 1, 2024, generally two years. But critical federal records may be lawfully destroyed in as little as six months, so the practical deadline for preserving evidence is far shorter than the filing deadline.
Talk to a Louisiana injury attorney
Kervin Law LLC is a plaintiff-only personal injury firm in Folsom, Louisiana, led by
David D. Kervin, Jr.. We represent people across St. Tammany, Tangipahoa and Washington Parishes.
Free consultation, no upfront cost, and no fee unless we win. Call (985) 888-0640.
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Related reading
- Louisiana’s New 51% Comparative Fault Rule: What Changed on January 1, 2026
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- Truck Black Box Data: The Evidence That Disappears in Weeks
- Truck Driver Fatigue and Hours-of-Service Violations
Reviewed by David Kervin, attorney licensed in Louisiana · Last updated