Should I Sue the Truck Driver or the Trucking Company After a New Mexico Truck Accident?
Should I Sue the Truck Driver or the Trucking Company After a New Mexico Truck Accident?
Truck accidents can cause devastating injuries and financial burdens for victims. If you were involved in a truck accident in New Mexico, you may be wondering whether to sue the truck driver, the trucking company, or both. The answer depends on the circumstances of the accident and who is legally responsible for the damages. At Silva & Associates, P.C., we assist New Mexico residents in pursuing claims against the appropriate parties to maximize their compensation.
Liability in a Truck Accident: Who Can Be Held Responsible?
Truck accident claims are often complex because multiple parties may share responsibility. Below are the potential defendants in a truck accident lawsuit.
Suing the Truck Driver
A truck driver may be held personally liable if their negligence directly caused the accident. Examples of driver negligence include:
- Distracted driving (texting, eating, or adjusting the GPS)
- Speeding or reckless driving
- Driving under the influence of alcohol or drugs
- Drowsy driving or violating hours-of-service regulations
- Failing to inspect or properly maintain the truck
If the truck driver is an independent contractor, rather than an employee of a trucking company, suing them directly may be the primary option for recovering compensation. However, most truck drivers do not have the financial resources to fully cover a victim’s damages.
Suing the Trucking Company
Many truck accident cases involve suing the trucking company rather than just the driver. Under vicarious liability laws, a company can be held responsible for its employee’s negligence if the accident occurred while the driver was working. In addition, a trucking company may be directly liable if it:
- Hired an unqualified or unlicensed driver
- Failed to train or supervise drivers properly
- Encouraged drivers to violate federal safety regulations
- Neglected vehicle maintenance requirements
Suing the trucking company is often the best approach because these companies typically have larger insurance policies and financial resources to cover extensive damages.
Other Potentially Liable Parties
Depending on the specifics of the accident, additional parties may be responsible, including:
- Cargo loading companies if improperly secured cargo contributed to the accident
- Truck manufacturers if a mechanical defect played a role
- Government agencies if poorly maintained roads or inadequate signage were factors
Which Lawsuit Option Is Best?
Determining whether to sue the truck driver, the trucking company, or both requires a thorough investigation of the accident. If the driver was an employee and acted negligently, the trucking company is likely liable. If the driver was an independent contractor, you may need to pursue the driver directly.
At Silva & Associates, P.C., we analyze the details of each case to identify all responsible parties and help victims recover the full compensation they deserve. If you’ve been injured in a truck accident in New Mexico, contact us to explore your legal options.




