Can You Sue a Trucking Company That Hired an Illegal Immigrant Driver?
Yes, you can sue a trucking company that hired an illegal immigrant driver who caused your injuries. Texas law holds trucking companies liable for negligent hiring when they fail to verify driver qualifications properly. Companies that hire undocumented immigrant drivers violate federal safety regulations and demonstrate reckless disregard for public safety. Truck accident victims can pursue substantial compensation from negligent carriers even when drivers face deportation or criminal charges. Understanding how to establish corporate liability is essential for injured victims seeking full recovery after devastating truck crashes.
Federal Regulations Require Verification of Driver Qualifications
The Federal Motor Carrier Safety Administration (FMCSA) imposes strict requirements on trucking companies before they place drivers behind the wheel. Motor carriers must verify that every driver possesses a valid commercial driver's license issued by only one state. Companies must confirm drivers can read and speak English sufficiently to understand highway traffic signs, respond to official inquiries, and communicate with the general public. These requirements are in place to protect everyone who shares America's highways.
Trucking companies must investigate driver backgrounds, obtain employment history for the previous three years, and verify that drivers meet all medical qualification standards. Federal regulations require carriers to maintain complete driver qualification files that include copies of commercial driver's licenses, medical examiner's certificates, road test results, and employment applications. Companies that skip these critical verification steps violate regulations designed to prevent unqualified drivers from operating dangerous commercial vehicles.
Employers must also verify work authorization using Form I-9 and confirm that applicants have the legal right to work in the United States. Trucking companies that knowingly hire unauthorized workers violate federal immigration law in addition to motor carrier safety regulations. These violations establish clear negligence when illegal immigrant drivers cause crashes that injure innocent people.
Negligent Hiring Creates Direct Company Liability
Negligent hiring occurs when employers fail to exercise reasonable care in selecting employees for positions where unfit workers could harm others. Texas law recognizes that trucking companies owe duties to the traveling public to hire only qualified drivers. Companies that hire illegal immigrants with fraudulent credentials, failed language tests, or no valid licenses demonstrate negligence that supports substantial damage awards.
Recent federal enforcement operations exposed trucking companies hiring drivers with obvious deficiencies. Department of Homeland Security (DHS) agents arrested an Indian national driving an 18-wheeler with a New York commercial license listing "No Name Given" as his legal identity. The trucking company that hired this driver failed basic identity verification before placing him in control of an 80,000-pound vehicle capable of catastrophic destruction.
Another illegal immigrant driver killed three people on the Florida Turnpike in August 2025 when he attempted an unauthorized U-turn. Harjinder Singh obtained a California commercial license despite failing English proficiency testing and having an illegal immigration status. He correctly identified only one of four roadway signs during the examination, yet was issued credentials to operate commercial trucks. The company that employed Singh faces potential liability for hiring a driver who clearly lacked the necessary qualifications.
Evidence of Negligent Hiring Supports Your Claim
Proving negligent hiring requires evidence that trucking companies knew or should have known drivers were unqualified. Driver qualification files often reveal missing documents, inadequate background checks, and failure to verify commercial licenses properly. Companies that maintain incomplete files or fraudulent records expose their negligence.
Applications listing false Social Security numbers, expired work permits, or foreign addresses indicate illegal status. Missing Form I-9 documents prove companies failed to verify employment authorization. Driver files lacking required medical certificates, road test results, or employment history indicate that companies failed to comply with mandatory verification procedures.
Failed language proficiency tests provide robust evidence that drivers could not read traffic signs or communicate effectively. Companies that hire drivers who cannot speak English violate federal requirements and demonstrate reckless indifference to safety. When these drivers cause crashes, language barrier evidence establishes apparent corporate negligence.
Corporate Defendants Have Deep Pockets
Illegal immigrant drivers often lack significant assets or insurance coverage to compensate injured victims adequately. Drivers facing deportation may leave the country before civil cases resolve. However, trucking companies maintain substantial commercial liability insurance as required by federal regulations. Corporate defendants provide the financial resources necessary to compensate victims for catastrophic injuries fully.
Trucking companies typically carry minimum insurance coverage of $750,000 for most commercial vehicles, with higher limits for hazardous materials transport. Many carriers maintain excess umbrella policies providing millions of dollars in additional coverage. Parent companies and affiliated entities may have separate insurance that applies to crashes. Pursuing claims against corporate defendants ensures access to adequate compensation.
Multiple Legal Theories Establish Company Liability
Texas law provides several paths to hold trucking companies accountable when illegal immigrant drivers cause crashes. Negligent hiring establishes direct corporate liability for failures in the selection process. Negligent supervision addresses failures to monitor driver performance after employment begins. Negligent retention applies when companies retain dangerous drivers after learning of disqualifying information.
Vicarious liability holds employers responsible for employee actions taken within the scope of employment. When truck drivers cause crashes while performing job duties, companies automatically share liability regardless of whether they were negligent in hiring. This legal principle ensures victims can pursue claims against companies even when direct negligence is difficult to prove.
Violations of federal motor carrier safety regulations constitute negligence per se under Texas law. Companies that violate FMCSA requirements regarding driver qualification, supervision, or maintenance demonstrate negligence as a matter of law. Injured victims need only prove that the violations caused their injuries to recover substantial damages.
Punitive Damages for Gross Negligence
Texas law allows punitive damages when defendants demonstrate gross negligence or malice. Trucking companies that knowingly hire illegal immigrant drivers despite obvious safety risks may face punitive damage awards. Evidence that companies prioritized profits over safety, ignored repeated warnings about driver deficiencies, or maintained systematic policies of hiring unauthorized workers supports punitive damages.
Punitive damages punish egregious conduct and deter future violations. These awards can be many times the actual damages when companies demonstrate conscious indifference to others' rights and safety. Corporate defendants fear punitive damages because they threaten substantial financial harm and reputational damage.
Insurance Companies Cannot Hide Behind Driver Status.
Commercial insurance carriers sometimes argue that coverage does not apply when illegal immigrant drivers cause crashes. Policies may contain exclusions for unlicensed operators or unauthorized employees. However, Texas law provides protections for innocent injured victims even when driver coverage is excluded.
Insurance policies must cover the trucking company's independent negligence in hiring, supervising, and retaining drivers. Even if driver coverage is unavailable, policies still respond to claims based on corporate negligence. Multiple insurance layers often apply to commercial vehicle crashes, providing substantial coverage beyond basic liability limits.
Attorneys must carefully analyze policy language and identify all applicable coverage. Primary liability policies, excess umbrella coverage, and cargo insurance may all apply to single crashes. Parent companies and affiliated entities frequently maintain additional policies that provide coverage. Experienced truck accident lawyers know how to maximize insurance recovery for injured clients.
Act Quickly to Preserve Critical Evidence
Truck accident cases involving illegal immigrant drivers require immediate legal action. Deportation proceedings may result in the removal of drivers within weeks or months. Companies may destroy driver qualification files and employment records if they are not properly preserved. Evidence disappears quickly without prompt attorney involvement.
Spoliation letters must be sent immediately, requiring companies to preserve all relevant evidence. Driver qualification files, Form I-9 documents, employment applications, payroll records, and communication about driver hiring must be maintained. Electronic logging device data, GPS records, and dispatch communications provide crucial evidence of company knowledge and supervision.
Depositions of drivers, company safety directors, and hiring managers should occur as quickly as courts allow. Witness memories fade and people become unavailable over time. Video depositions preserve testimony when witnesses may not be available for trial.
Contact Experienced Texas Truck Accident Attorneys
If an illegal immigrant truck driver injured you in a Texas crash, contact experienced attorneys immediately. You can sue the trucking company that hired the driver for negligent hiring and corporate safety violations. The law holds companies accountable when they prioritize cheap labor over public safety and place unqualified drivers behind the wheel of dangerous commercial vehicles.
You deserve attorneys who understand complex liability issues in commercial vehicle cases. Call today for a free consultation to discuss your injuries, the circumstances of your crash, and how to hold negligent trucking companies accountable. Texas law protects your rights to pursue full compensation even when drivers face deportation or criminal charges.
