Here in the “Crossroads of America,” an astonishing amount of freight moves through our part of the country each day on large trucks (think semis, reefers, tractor-trailers, tankers, 18-wheelers, etc.) on what are some of the most important trucking routes in this country. Consider this: one report deems Indiana to be “…a production and distribution powerhouse …” pivoting on the interstates that roam through here: I-65; I-69; I-70; I-74; and I-80/90. Read, “Why Indiana Drives America’s Freight – The Hidden Engine of U.S. Logistics,” published by the Tidewater News on April 22, 2025.
Also read: Huge and Growing Freight Truck Traffic in Northern Indiana: Increasing Danger of Semi-Truck Crashes; and Extra Heavy Duty Highways in Northwest Indiana and Risk of Truck Accidents.
Many of these large trucks will be owned or leased by trucking companies of various sizes. They will hire professional drivers to operate the rigs, and these truckers undertake great responsibilities in their job. But that doesn’t mean that the company doesn’t continue to have duties of safety and care just because their driver has hit the gas pedal, and the truck is on its way.
For one thing, the trucking company has a duty to hire proper candidates. If a company puts someone with a criminal record of driving while under the influence behind the wheel of their truck, for instance, then that company may be legally liable in the event of a truck crash.
An even bigger and continuing responsibility for the trucking company is in its continuing duty to supervise its trucks and their drivers. Negligent supervision by the carrier can be the basis for a legal claim for damages and/or wrongful death in the event of a catastrophic truck accident.
What is Negligent Supervision?
Trucking companies are legally required to supervise their drivers in all reasonable and prudent ways to protect the truckers, rig occupants, and those on the roads with them, from being hurt or killed in an accident. This duty to supervise their rigs on the road is complex.
The Federal Motor Carrier Safety Administration (“FMCSA”) oversees compliance with federal regulations governing operations by any company that uses commercial motor vehicles in its business. Failure to comply with these regulations, as well as confirmation that duties were breached that caused the truck crash and its resulting harm, can help form the basis of a negligent supervision claim.
For details, see the online Motor Carrier Safety Planner published by FMCSA as well as pertinent federal regulations found in 49 CFR Parts 40; 100-180; 300-399; and 571.
Examples of Trucking Company Negligent Supervision
Severe or deadly semi-truck crashes can be caused by trucking companies who do the following:
- Doing nothing after becoming aware of the trucker’s reckless driving (even speeding) on more than one occasion. Even exceeding the speed limit by a small amount can cause a horrific crash, since these rigs take so much longer to stop;
- Doing nothing after being aware that a truck driver is tired behind the wheel, or not taking steps to monitor a trucker’s fatigue levels, especially on long hauls or in places notorious for insufficient truck parking;
- Not making sure the trucker has proper training and comprehension of the specifics of both the rig itself as well as the freight that is being hauled (truckers must have specific HAZMAT training, for instance);
- Failing to test truck drivers for substance abuse (drugs or alcohol) on a random basis;
- Disrespecting Hours of Service (HOS) regulations in order to meet a deadline;
- Not keeping proper records of things like inspections or maintenance of the trucks (tractors, trailers, etc.);
- Not doing regular inspections of trailers to make sure they are not in need of parts repair, maintenance, or replacement (things rust);
- Not doing regular inspections of tractors to make sure they are not in need of parts repair, maintenance, or replacement;
- Failing to understand the physical and mental fitness of their drivers, with regular checkups and monitoring of any medical conditions that might impact the ability of the trucker to operate the rig;
- Failure to do regular and thorough walk around inspections of all trucks and corresponding equipment;
- Failing to understand specific dangers inherent with various types of cargo and failing to ensure proper protections both for the vehicle and in safety training for the driver.
For more, read Truck Driver Fatalities on the Rise: Fatigue, Speed, and the Trucking Industry; Truck Drivers with Diabetes Free to Drive Commercial Interstate Under New FMCSA Rule; Truck Driver Drug Use in Indiana and Illinois: High Risk of a Fatal Truck Crash Caused by Impaired Trucker; and When Defective Products or Manufacturing Mistakes Cause Fatal Semi-Truck Crashes.
Damage Claims After Semi-Truck Crash Caused by Negligent Supervision
Proving how the trucking company is responsible for the truck crash victim’s damages can be complicated. Accident reconstruction experts together with legal advocates will review all sorts of evidence from the crash and compare findings with statutes and case precedent to establish liability.
This may include things like:
- Police investigation reports for the truck accident;
- Witness statements from those at the crash site or who saw events immediately prior to the accident;
- Dashcam videos or security camera captures from the accident site;
- Inspection of the truck after the accident (for instance, did the expert find cracked or broken crossmembers on the bottom of the trailer caused by age or rust?);
- Logs maintained by the truck driver;
- Employment history of the truck driver;
- Record of truck inspections by the trucking company;
- Record of truck maintenance by the trucking company;
- History of repairs made to the rig;
- Safety training records of the trucking company;
- Safety practices of the trucking company;
- Complaints or requests for repair or maintenance of the rig;
- Complaints of being pressured to meet deadlines made by employees;
- Records of regulatory violations of HOS regulations by the trucking company;
- Records of past accidents involving the trucking company;
- Records of past fines or safety violations reported by regulatory agencies.
Read: Why a Lawyer who is a Trial Attorney Is Important for Accident Victims in Personal Injury Cases; Accident Reconstruction Experts and Injury Claims; and Black Box Data in Serious or Deadly Semi-Truck Crashes.
Damages must be identified and proven by admissible evidence as well. Both the truck crash victim and their family members may find legal recompense for things that include:
- medical expenses
- pain and suffering
- emotional distress
- disfigurement and scarring
- rehabilitation expenses
- lost wages
- lost earning capacity
- loss of enjoyment of life
- loss of consortium.
For more on semi-truck crash claims in Indiana, read:
- Semi Truck Crash Liability: Third Party Liability in Indiana Truck Accidents
- Semi-Truck Crashes in La Porte County, Indiana
- Semi-Truck Crashes in St. Joseph County, Indiana
- Truck Driver Hurt on the Job: Trucker Injuries in Chicago Semi-Truck Crash
- Negligent Training of Truck Drivers as Basis for Truck Crash Injury Claim.
Trucking companies are driven by their bottom-line; after all, they are in the transportation business to make a profit for shareholders, employees, etc. This is to be respected until the temptation to put profits over people results in disregard or disrespect for their drivers, rig occupants, and those sharing the roads with them. Please be careful out there!
