Who Can Be Liable in a Semi-Truck Crash? Driver, Carrier, Broker & More

Authored by Bradley A. Pistotnik — well-known and highly experienced Wichita truck accident lawyer; author of the book “Truck Accidents Kill,” and an authoritative speaker on trucking safety.

Coverage: Wichita Metro (Sedgwick County & surrounding communities) and Western Kansas — defined here as any county west of a north–south line that runs ~10 miles east of Topeka, bounded by Nebraska (north), Oklahoma (south), and Colorado (west).

Theories of Liability

• Negligence (duty, breach, causation, damages) anchored to safety rules and prudence. Federal regulations like 49 CFR §392.2 and §392.3 set the standard of care.
• Vicarious liability (respondeat superior) where the driver acted in the course and scope.
• Negligent hiring/entrustment, training, supervision, and retention claims against the carrier, especially when violations of Hours of Service rules or maintenance standards are shown.

Beyond the Driver & Carrier

• Broker negligence (selection/control) when routing, pressure, or unsafe carrier selection is shown. Brokers must ensure carriers meet minimum financial responsibility requirements.
• Shipper/loader liability for improper securement or weight distribution.
• Maintenance contractors for substandard repairs; parts manufacturers for defects (violations of Part 396).
• Government entities for dangerous road conditions (special notice statutes may apply).

Evidence to Map Responsibility

• Trip documents: bills of lading, load plans, weight tickets, dispatch messages.
• Driver qualification file, training records, prior violations, and safety policies. Check carrier safety profiles via FMCSA A&I.
• ECM/telematics, ELD/HOS, and camera footage correlated with reconstruction. Records must be retained under 49 CFR §395.8(k), §395.11.

Injured in a truck crash in Wichita or Western Kansas? Call Bull Attorneys for a free, confidential consultation. 24/7. We move fast to preserve ELD/telematics and black-box evidence. 316-684-4400.