After a collision with a commercial truck, one of the first questions many people ask is who they can hold responsible. Was it the driver behind the wheel, or the trucking company that put that driver on the road? The answer often shapes how much compensation you can recover and how complicated your case becomes.
At Hollis Law Firm, we help injured clients in Kansas and Missouri work through exactly this kind of question. Our lawyer reviews the facts of your accident, identifies who may be legally responsible under our truck accident practice, and works to help you pursue the compensation you may be owed.
Who Can Be Held Liable After a Trucking Accident
Liability in a trucking accident depends on what caused the crash and who controlled the conditions that led to it. In many cases, more than one party shares responsibility. Kansas and Missouri both allow injured people to pursue claims against multiple parties when the evidence supports it, and both states apply their own comparative negligence rules when fault is shared. Understanding each party’s potential role matters before deciding who to name in a claim.
When the Driver May Be Responsible
A truck driver can be held personally liable when their own actions caused the crash. Common examples include distracted driving, ignoring traffic laws, or driving while fatigued. When a driver’s individual choices behind the wheel led directly to the collision, that driver may bear responsibility for the resulting harm.
That said, drivers are usually acting within the scope of their job when an accident happens, which is why claims frequently extend beyond the driver alone. Electronic logging devices that track a driver’s hours can play an important role in establishing whether fatigue or a scheduling violation contributed to a crash.
When the Trucking Company May Be Responsible
Trucking companies can be held responsible for a driver’s actions under a legal doctrine known as respondeat superior, which holds an employer accountable for an employee’s conduct while performing work duties. Beyond that, a company may also bear direct responsibility if its own practices contributed to the crash, such as:
- Negligent hiring: Bringing on drivers without proper background checks or qualifications
- Inadequate training: Failing to prepare drivers for safe operation of a commercial vehicle
- Poor maintenance: Skipping required inspections or ignoring known mechanical issues, which is why maintenance records often become key evidence
- Unsafe scheduling: Pressuring drivers to violate hours of service rules to meet delivery demands
Commercial carriers also operate under a stricter set of federal trucking regulations than passenger vehicle drivers, including insurance requirements. Under the minimum levels of financial responsibility set by federal motor carrier regulations, most general freight carriers must maintain at least $750,000 in liability coverage, far higher than typical personal auto policies. This is one reason claims against the company, rather than the driver alone, can carry more weight when it comes to recovering full compensation.
Some companies attempt to avoid responsibility by classifying a driver as an independent contractor rather than an employee. Courts in Kansas and Missouri look past job titles and examine the real working relationship, including who controlled the driver’s routes, schedule, and equipment. If the company controlled these details, the driver may still be treated as an employee for liability purposes, even when a contract says otherwise.
Building a Strong Case Against the Right Party
Determining who to pursue takes a careful look at the evidence. Driver logs, maintenance records, hiring files, and dispatch communications can all reveal whether the driver, the company, or both played a role in the crash. Because trucking companies and their insurers often move quickly to protect themselves after an accident, having a lawyer gather and preserve this evidence early can make a meaningful difference in how a claim unfolds.
Timing matters as well. Kansas generally requires personal injury claims to be filed within two years of the accident, while Missouri allows up to five years for most negligence-based claims. These are general timeframes and can vary based on the details of a case, so it may be worth speaking with a lawyer sooner rather than later to help protect your right to file.
Talk to Hollis Law Firm About Your Trucking Accident Claim
A trucking accident rarely comes with a simple answer about who is responsible and getting it wrong can affect how much compensation you are able to recover. Whether the driver acted carelessly, the company cut corners on hiring or maintenance, or both played a role, the details of your case determine the strongest path forward.
Our lawyer at Hollis Law Firm can review what happened, help identify every party who may share responsibility, and walk you through what compensation may be available as your case moves forward. If you were injured in a trucking accident in Kansas or Missouri, reach out through our contact form to discuss your situation with our team.
