Why Trucking Companies Get Sued, and How They Can Defend Themselves

In 2024, there were a total of 5,127 accidents involving large trucks in North Carolina. While the vast majority of those accidents were non-fatal, that’s still a significant number of truck accidents, which undoubtedly means there were many injured drivers. And when drivers get injured in accidents, they’re often looking for someone to blame, especially if the nearest target is someone they consider to be a deep-pocketed defendant like a trucking company. If you’re facing a lawsuit after a trucking accident, a North Carolina personal injury defense attorney can help you protect your bottom line. 

Common Legal Claims Against Trucking Companies 

Vehicular transportation is an inherently dangerous endeavor, which means that companies that engage in it are subject to a wide variety of personal injury-based legal claims, some of the most common of which are: 

Simple Negligence 

Most auto accidents, including truck accidents, are caused by human error, making simple negligence the most common legal theory in personal injury cases. In trucking accident cases, negligence occurs when the truck driver’s act or omission falls below that of a reasonably prudent truck driver in the same or similar circumstances. So if an accident occurs due to a trucker’s negligence, the victim often pursues a personal injury claim against the driver’s employer for simple negligence. 

Negligent Hiring, Training, or Supervision 

Trucking is a highly regulated industry. Therefore, trucking companies are often subject to claims that they failed to act responsibly in hiring, training, and/or supervising their drivers. Such claims often include allegations that companies failed to conduct adequate background checks, ignored poor driving histories, or did not enforce safety policies. 

Negligent Retention 

Negligent retention claims are similar to negligent hiring, training, and supervision claims, only they apply to conduct that occurs after a driver is hired. In negligent retention claims, plaintiffs argue that trucking companies negligently retained drivers after red flags emerged, such as drug test failures or multiple at-fault crashes. Any failure to take corrective action after a violation is discovered can expose a trucking company to a negligent retention claim. 

Negligent Maintenance

Federal regulations require trucking companies to conduct periodic, systematic inspections, repairs, and maintenance for all vehicles in their fleet. Any deficiencies in the records of those inspections can lead to arguments that the company failed to maintain its fleet and should have discovered a mechanical defect sooner. Even a missing maintenance report can fuel allegations of negligence. 

Hours-of-Service Violations 

Federal hours-of-service regulations generally limit truck drivers to a maximum of 11 hours of driving after a 10-hour rest period within a 14-hour shift limit. Deviations from those regulations — even if not requested by the trucking company — can form the basis of legal claims. And while evidence from electronic logging devices (ELDs) can often clear the air, federal regulations only require companies to keep ELD data for six months, so the exculpatory evidence may no longer exist by the time a plaintiff files a claim. 

Common Defenses for Trucking Companies

Plaintiffs in trucking accident cases are not the only parties with tricks up their sleeves; trucking companies also have many defenses at their disposal. For more information about which defenses are most appropriate for which legal claims, contact a North Carolina personal injury defense attorney. 

Contributory Negligence 

Not all truck accident scenarios are black and white. There is often plenty of blame to go around, including on the part of the injured plaintiff. North Carolina is one of only a handful of states that follows the pure contributory negligence rule, under which plaintiffs are barred from recovery if they are even 1% at fault for the accident that led to their injuries. Given that many truck accidents involve at least some negligence by the injured party, contributory negligence is a powerful defense for trucking companies. 

Outside the Scope of Employment

Most personal injury claims against trucking companies are rooted in the doctrine of respondeat superior, a legal theory under which principals (i.e., employers) are liable for the actions of their agents (i.e., employees). But there are several exceptions to that legal doctrine, one of the most notable being the outside-the-scope-of-employment defense, which may allow trucking companies to avoid liability for their drivers' actions if they can show the driver was not acting within the scope of employment at the time of the accident. 

Independent Contractor

As you might have been able to infer above, a prerequisite to the application of the respondeat superior doctrine is the existence of an employer-employee relationship. That doctrine is generally unavailable to plaintiffs when the person who caused the injury was an independent contractor. However, courts scrutinize employment relationships closely and do not necessarily take the parties at their word. If a trucking company calls a driver an independent contractor but the relationship between the parties more closely resembles that of an employer and an employee, courts will treat them that way. To minimize the risk that you are inadvertently creating an employer-employee relationship with an independent contractor, speak to a North Carolina personal injury defense attorney. 

Compliance With Safety Regulations

Because trucking is a heavily regulated industry, many personal injury claims are based on allegations that a trucking company failed to comply with regulations and that the non-compliance caused an accident. Trucking companies can rebut those claims by presenting evidence that they were diligent in complying with the relevant regulation. However, such defenses require evidence, which is why trucking companies should keep meticulous records. 

Unforeseen Mechanical Failure 

Even with diligent maintenance, parts sometimes fail without warning. Whether that failure is due to a manufacturer’s error or latent defect, unforeseen mechanical failure can often rebut plaintiffs’ claims of breach of duty. 

Fight Legal Claims With Help From a North Carolina Personal Injury Defense Attorney 

If you’re a trucking company facing a personal injury lawsuit due to the actions of one of your drivers, you will need experienced and competent legal representation to defend your interests. For more information, please contact a North Carolina personal injury defense attorney at Harris, Creech, Ward & Blackerby by calling 252-638-6666 or using our online contact form.