Can a Trucking Company Be Held Liable If A Truck Driver Intentionally or Maliciously Causes An Accident?


When a commercial truck is involved in an accident, injured parties will often look to hold the trucking company liable in addition to the driver. However, their liability usually depends a lot on the specific circumstances of the accident. 

Liability for Intentional Driver Misconduct

Trucking companies are generally only liable for the negligent behavior of their drivers when they are operating under the carrier’s authority and control. Intentional misconduct that is unprovoked or disconnected from work duties may be considered outside the scope of employment.

However, courts have held motor carriers liable for intentional driver negligence in some circumstances, including:

  • Where there was negligence by the company in hiring, qualifying, or supervising the driver.
  • Where the company ratifies the intentional act by failing to properly respond afterwards.
  • Where the act arises out of a work-related dispute (e.g. “road rage” with another motorist).
  • Where the intentional act is closely connected to normal work activities in time and location.

It is a complex, fact-specific analysis. Companies can argue the conduct was unrelated to work duties and avoid liability as far as paying compensation for injuries and other losses is concerned. But plaintiffs may have grounds to overcome this defense depending on the details.

Specific Examples of Liability

To understand how liability depends on the exact circumstances, consider these examples:

Scenario 1: Random Act of Violence

A driver gets into an unrelated altercation at a truck stop with another patron. In a fit of rage, he returns to his truck and intentionally crashes into the other person’s vehicle in the parking lot.

In this situation, the trucking company would have a strong defense against liability. The intentional misconduct had no relation to the driver’s work duties and was an independent act disconnected from the scope of employment. Unless the company knew the driver was prone to violence or failed to address signs of unfitness in hiring/qualifying, they would likely avoid liability.

Scenario 2: Disgruntled Driver

A truck driver is fired by his company. Feeling angry about his termination, he takes an unauthorized truck from the terminal yard and deliberately crashes it into the building housing the carrier’s offices.

Here the company may bear some liability for negligently allowing an unfit ex-employee access to equipment leading to intentional damage. The driver’s misconduct arose directly out of his working relationship, even if off-duty at the time. The company may share liability for damages.

Scenario 3: Driver Under Influence

Evidence shows a driver was under the influence of alcohol and/or controlled substances at the time he deliberately drove his truck through a red light, severely injuring another motorist who had the right-of-way.

Despite the intentional nature, the company is likely liable here. They have duties to only allow qualified, fit drivers on the road and maintain safety management controls. Allowing driving under the influence demonstrates negligence and liability for resulting harm.

As you can see from these examples, the precise nature and context of the intentional misconduct significantly impact liability outcomes. Plaintiffs should extensively investigate ties to employment and company negligence.

Exceptions to Respondeat Superior Liability

While the respondeat superior casts a wide net of employer liability, there are 3 important exceptions:

  1. Detours for Personal Reasons

If a truck driver substantially deviates from the authorized route or trip purpose for personal interests, the employer may avoid liability for damages occurring during this personal detour. However, once job duties are resumed, the trucking company again becomes responsible.

  1. Intentional Violent Torts

Employers are generally not liable for employees’ violent intentional torts, like assault or battery, as they usually fall outside the scope of employment or serve personal motives. But exceptions apply when the use of force was foreseeable given job duties – such as a security guard’s unnecessary rough contact.

  1. Vehicle Use Restrictions

If employees are specifically prohibited through policy or contract from using vehicles for personal purposes, employers may avoid liability for resulting damages. However, restrictions must be clear and effectively enforced.

So while trucking companies cannot disclaim all responsibility for drivers’ intentional misdeeds, they remain protected from liability in certain circumstances. Next, we’ll explore laws directly addressing motor carrier liability.

Trucking Company Liability Under Federal/State Laws

In addition to respondeat superior principles anchoring trucking company liability, specific federal and state laws provide further guidance. These build on the same core framework that employers bear responsibility for the foreseeable risks their operations create. Relevant laws include:

Federal Motor Carrier Safety Regulations

Federal Motor Carrier Safety regulations require motor carriers to check drivers’ backgrounds, safety records, health fitness, driving proficiency, licensing compliance, and more to obtain/maintain authority to transport goods. Failing to verify driver qualifications indicates negligence by the trucking company and enables liability for subsequent injuries and losses.

State Laws modeled on Federal Standards

Many states also have laws concerning commercial trucking insurance minimums, loading regulations, vehicle inspections/maintenance, drug testing protocols, and other safety requirements for motor carriers. Violating these state equivalents to federal regulations can also establish trucking company negligence, adding to liability risk.

State Tort Law Standards

Common law tort principles in most states align with federal respondeat superior doctrine regarding trucking carrier responsibility for drivers’ negligence and misconduct. State laws may also specify other negligent entrustment, hiring, or training breaches imposing liability when applied to trucking companies.

So in addition to inherent master-servant liability, truck carriers face layered federal and state statutory duties plus state tort obligations to ensure responsible operations – extending to responsibility for drivers’ intentional wrongdoing in many cases.

When Trucking Companies Avoid Liability for Intentional Driver Misconduct

As shown above, under respondeat superior and applicable federal/state laws, trucking companies largely share in liability for drivers’ negligent as well as purposeful misconduct when trucking. But truck carriers may still avoid legal responsibility in certain scenarios involving intentional driver wrongdoing:

  • If substantial evidence shows the driver intentionally diverted the truck for exclusively personal purposes unrelated to job duties when the misconduct occurred.
  • If the driver’s actions amount to an extreme, unforeseeable criminal act committed for its own sake, outside the scope of job duties – such as an armed truck robbery.
  • If the driver specifically defied known, clearly communicated, and strictly enforced carrier policies prohibiting personal truck use or other misconduct. This suggests the actions fell outside the scope of employment.
  • If the carrier demonstrates diligent, good faith efforts to prevent the type of harm at issue – for instance, fully complying with federal safety vetting/training protocols before hiring the driver. This helps defeat negligence claims against the trucking company.
  • If another party contributed significant negligence also causing the crash, enabling blame-sharing, limits on truck company liability based on proportion of fault, or full dismissal of claims against the carrier in comparative negligence jurisdictions.

In limited cases like these, trucking companies may avoid bearing responsibility for even horrendous harms resulting from a driver’s severely malicious or criminal choices while trucking.

But because carriers owe broad duties to control the foreseeable risks of trucking operations applied through varied laws, they will nearly always share in liability for drivers’ wrongful actions – especially within the normal course of duties.

How Trucking Companies Can Limit Exposure to Liability

Given expansive liability threats under respondeat superior and applicable regulations, prudent truck carriers implement robust risk management programs to limit potential responsibility for drivers’ misconduct. Measures to reduce liability exposure include:

  • Comprehensively vetting drivers’ backgrounds, safety histories, health, and skills before hiring per federal guidelines
  • Instituting additional screening, licensing review, and road testing beyond federal minimums before engaging new drivers
  • Adopting and enforcing written safety policies covering drug/alcohol testing, medical checks, equipment maintenance, cargo load limits, trip logging, parking restrictions, and more
  • Using driver-facing technologies like dash cams, GPS tracking, and engine data recorders to monitor driving behaviors
  • Implementing training programs exceeding federal standards
  • Activating real-time driver safety monitoring systems
  • Applying progressive discipline policies to consistently address safety infractions

Undertaking measures like these to exceed baseline federal safety requirements indicates a carrier’s good faith efforts to prevent trucking harms – helping defeat negligence claims and limit liability, even for drivers’ intentional misconduct in some case.

What You Should Do to Improve the Odds of the Trucking Company Being Found Liable

Establishing trucking company liability becomes more complex if a driver intentionally acted to cause a crash or injure others. But compensation may still be achievable by showing the trucking company enabled the misconduct through negligent hiring, training supervision, or entrustment of equipment.

If a truck driver purposefully collided with your vehicle, violently ran you off the road, dumped cargo hitting your car or otherwise deliberately caused harm, consider taking these steps:

Call 911 Immediately

Report the malicious truck attack to law enforcement promptly. Press them to arrest the truck driver and impound the truck for investigation of vehicular assault, battery or potentially attempted manslaughter charges. Getting officers on scene rapidly preserves evidence and testimony against the perpetrator.

Call an attorney

A truck wreck attorney should be one of the first persons you reach out to after such an accident. Their advise can be instrumental in helping you avoid mistakes. It can also be instrumental in unearthing the evidence needed to show why a jury or judge should find the trucking company liable for your injuries. And when tough negotiations or the tedious process of litigating your case becomes inevitable, they can do most of the heavy lifting that is necessary to ensure that you receive all the compensation that you are owed.

Gather Carrier Negligence Evidence Anyway

Just in case motive ambiguity warrants drawing the trucking company into eventual liability disputes, fully document signs of carrier negligence per initial advice like inadequate background checks, training failures, overloading directives and lack of supervision technology that may have fueled the driver’s violent choices.

While it may be tempting to only pursue criminal charges against the truck driver in response to an deliberate attack, also engage a civil attorney regarding potential claims against the trucking company if there are gaps in safety oversight which may have enabled such extreme misconduct.

Key Takeaways on Trucking Company Liability

The key points to remember are:

  • Trucking carriers can be vicariously liable for driver negligence under respondeat superior agency principles.
  • Liability for intentional driver misconduct depends on ties to employment duties and company negligence.
  • Companies are not automatically shielded from liability just because the conduct was deliberate.
  • Facts regarding negligence, ratification, foreseeability, and scope of employment are all relevant.
  • Companies face huge risks over allowing unfit drivers, so screening and oversight matter.
  • Experienced attorneys should be involved to establish or defeat liability based on case specifics.

While an uphill battle in some disputes, victims may have valid grounds to pursue the trucking company over even horrendous deliberate crashes based on the circumstances. Understanding these rules and precedents can help strengthen your approach.

So in summary – trucking companies can potentially bear liability related to intentional driver misconduct, but the path to holding them accountable differs substantially from ordinary negligence claims. Assess the details of your situation to chart the best course forward.