Legally Reviewed by Frank P. Marsalisi on August 11, 2026
After a truck accident, you may be able to pursue a claim against the driver, the trucking company, or both, depending on what caused the crash. There is no single answer that applies to every case, since liability depends on the driver’s actions, their employment status, and whether the trucking company’s own policies or oversight played a role.
At Marsalisi Law, we help injured people in St. Petersburg and across Tampa Bay sort through these questions early, because identifying every responsible party is often what determines whether you recover the full value of your claim.
Why It Matters Whether You Sue the Driver, the Company, or Both
Truck accidents often involve more available insurance coverage than a typical car accident, since commercial trucking companies are required to carry higher policy limits. That makes it especially important to correctly identify every party who may share responsibility, because naming only the driver can leave real compensation on the table if the company’s own conduct contributed to the crash.
Florida law allows a person injured in a truck accident to pursue a claim against any party whose negligence contributed to their injuries. It is crucial to accurately determine who the claim will be filed against in order to recover full and fair compensation. In many truck accident cases, that includes both the driver and the company that employs them, though the specific facts of the crash determine how liability is actually divided.
When the Truck Driver May Be Liable
A driver can be held personally liable when their own actions caused or contributed to the crash. Common examples include speeding, following too closely, distracted driving, fatigue from driving beyond legal hour limits, or operating the truck under the influence of drugs or alcohol.
When a driver’s own negligent decision behind the wheel led to the accident, that driver can be named directly in a personal injury claim, separate from any responsibility the trucking company may also carry.
When the Trucking Company May Share Responsibility
Trucking companies carry legal obligations that go beyond simply employing a driver. They are required to properly train and license their drivers, maintain their vehicles in safe operating condition, and follow federal safety regulations that govern hours of service, vehicle inspections, and cargo loading.
A trucking company may share liability when the crash resulted from any of the following:
- Inadequate driver training or screening: hiring or retaining a driver without proper qualifications;
- Poor vehicle maintenance: failing to repair brakes, tires, or other critical systems;
- Hours-of-service violations: pressuring or allowing drivers to exceed legal driving limits;
- Unsafe cargo loading: improperly secured or overloaded freight that affects handling;
- Failure to enforce safety policies: ignoring known patterns of unsafe driving by an employee.
Under a legal principle known as vicarious liability, a company can also be responsible for a driver’s negligence simply because the driver was acting within the scope of their job at the time of the crash, even without separate misconduct by the company itself.
Why Some Truck Accident Cases Involve Both the Driver and the Company
Many truck accident claims end up naming both the driver and the trucking company, since the evidence often shows that more than one factor contributed to the crash. A driver may have been fatigued because the company’s scheduling practices made proper rest difficult, or a driver may have been distracted while also operating a poorly maintained vehicle.
Pursuing both parties, where the facts support it, can help ensure that the full scope of what caused the crash is accounted for, rather than placing all responsibility on the one party that is easiest to identify at the scene.
What Evidence Helps Determine Who Is Liable
Truck accident cases often depend on evidence that is not available in a typical car accident claim. This can include the driver’s hours-of-service logs, vehicle maintenance and inspection records, the trucking company’s hiring file for the driver, black box or electronic logging device data, and any post-crash drug and alcohol testing results.
Much of this evidence is controlled by the trucking company itself, which is why it is important to request and preserve it as early as possible after a crash, before records are lost, overwritten, or routinely discarded.
What To Do After a Truck Accident
Get medical attention right away, even if your injuries do not seem severe at first, since Florida’s Personal Injury Protection benefits generally require treatment within 14 days of the crash. From there, documenting the scene, obtaining the police report, and avoiding early statements to the trucking company’s insurer can help protect your truck accident claim while the facts are still being established.
How Marsalisi Law Can Help After a Truck Accident
Determining whether to pursue the driver, the trucking company, or both is rarely simple, and the company’s insurer will often try to resolve a claim quickly and quietly before all the facts come out. Working with Frank P. Marsalisi at Marsalisi Law means having an attorney who investigates every angle of liability before accepting the insurance company’s version of events. You can read more about his background and case history on our site.
If you were injured in a truck accident in St. Petersburg or the greater Tampa Bay area, do not delay in understanding your options. Please contact our office through our online form to schedule a free consultation. We also speak Spanish.
Frequently Asked Questions About Suing After a Truck Accident
Can I sue both the truck driver and the trucking company?
Yes, in many cases you can pursue a claim against both the driver and the trucking company when the evidence shows that each contributed to the crash in some way, such as a fatigued driver combined with a company’s scheduling practices.
What is vicarious liability in a truck accident case?
Vicarious liability is a legal principle that can hold a trucking company responsible for a driver’s negligence when that driver was acting within the scope of their job duties at the time of the crash, even without separate misconduct by the company.
What records should I try to preserve after a truck accident?
Hours-of-service logs, maintenance records, electronic logging device data, and post-crash drug and alcohol testing results are all valuable, but much of this evidence is controlled by the trucking company and can be lost or discarded if not requested early.
Is there more insurance coverage available in a truck accident than a car accident?
Commercial trucking companies are generally required to carry higher insurance policy limits than standard drivers, which is one reason correctly identifying every responsible party matters for the value of your claim.
How long do I have to file a truck accident claim in Florida?
Florida generally allows two years from the date of the crash to file most personal injury claims, though evidence in truck accident cases can disappear quickly, so it is best to act well before that deadline.
About the Attorney
Founding Attorney, Marsalisi Law
Frank P. Marsalisi has represented people injured in truck and commercial vehicle accidents throughout St. Petersburg and the Tampa Bay area for more than 18 years. He was selected for the 2026 Florida Super Lawyers list and is fluent in English and Spanish.
