Who Is Liable if an Unqualified Truck Driver Causes an Accident?

 Posted on September 14, 2026 in Personal Injury

When a truck driver who never should have been behind the wheel causes a crash, more than one party could be liable. The driver is responsible for their own careless driving. The trucking company can be liable for what its driver did on the job and for its own decision to put that person in the truck. A staffing agency, a separate truck owner, or a maintenance contractor may share the blame as well.

During the Commercial Vehicle Safety Alliance's 2026 International Roadcheck, inspectors pulled 3,184 drivers off the road across North America in a single three-day sweep. The top reasons were missing medical cards and hours-of-service violations. But 620 drivers were operating with no commercial driver's license at all. If you were injured in a truck accident in 2026, our Georgetown, TX personal injury lawyers can help you identify everyone who may owe you compensation.

What Makes a Truck Driver Unqualified Under Federal Rules?

Federal regulations in 49 C.F.R. Part 391 set minimum qualification standards for many commercial drivers. Texas also follows many federal safety rules for trucks that operate only within the state, with some exceptions.

Carriers must follow several rules when hiring and qualifying drivers. These can include:

• A valid license for the type of vehicle being driven, including a commercial driver's license when one is required
• A current medical qualification showing the driver is physically fit to drive
• A completed employment application and a passed road test, or an accepted equivalent
• A review of the driver's motor vehicle record and required safety history
• Required drug and alcohol testing when the driver is subject to federal testing rules

A driver who does not meet the required qualifications is not allowed to legally drive a commercial vehicle.

Is Trucking Company Liable for Putting an Unqualified Driver on the Road?

A trucking company can be liable for an unqualified driver in two separate ways. The first is vicarious liability. When an employee causes a crash on the job, the employer answers for that negligence, even if the company itself did nothing careless.

The second form of liability is direct liability. This covers negligent hiring, negligent entrustment, negligent supervision, and negligent retention. These claims focus on the company's own conduct. Examples include hiring a driver whose record showed a suspended license or keeping a driver on after repeated violations.

Trucking companies carry far larger insurance policies than individual drivers. Identifying the company's role often determines whether you can get the compensation you need for serious injuries.

Special Rules in Texas Personal Injury Trials in Claims Against Trucking Companies

Under Texas Civil Practice and Remedies Code § 72.052, the trucking company can ask for the trial to be split into two parts. In the first part, the judge or jury decides who was at fault and how much you may receive for your losses. Punitive damages are considered later.

Under Texas Civil Practice and Remedies Code § 72.054, the trucking company can formally agree that the driver worked for it and was on the job when the crash happened. That admission sounds helpful, and in one sense it is, because the company accepts responsibility for whatever the driver did wrong. But it comes with a trade-off. Once the company makes that stipulation, the jury in the first phase generally will not hear evidence about how the company hired, trained, or supervised that driver.

However, you may still be able to use evidence about the driver's qualifications when filing a claim against the company. This can include whether the driver had the proper license and medical certification, passed a required road test, or was under an out-of-service order. You may also be able to use evidence about the company's required background check if the crash happened within the driver's first year of employment.

What Evidence Shows a Truck Driver Isn’t Qualified?

Most of the proof of an unqualified driver sits with the trucking company. Evidence that can help establish what the carrier knew includes:

• Driver qualification file
• Employment application
• Drug and alcohol testing records
• Electronic logging device data
• Dispatch messages
• Roadside inspection reports

Carriers are only required to keep some of these records for a limited stretch, and electronic logging data can be overwritten in just a few months. A lawyer can send a formal letter demanding the company keep everything. It's also worth waiting before you give the carrier's insurance adjuster a recorded statement. The questions the insurance companies ask are designed to put some of the blame back on you.

Schedule a Free Consultation With Our Austin, TX Truck Accident Attorneys

At Morales Law Office, Attorneys at Law, PLLC., attorneys Novert Morales and Jack Ladd bring decades of combined experience to cases involving commercial trucks and the companies behind them. We’ll move quickly to preserve evidence and identify every party who may be responsible. We’ll also handle the insurance company so you can focus on recovering.

Call 512-474-2222 today to talk to our Georgetown, TX personal injury lawyers.