Carabin Shaw is one of the leading personal injury law firms in Midland/Odessa. They have extensive experience handling 18-wheeler oilfield truck accident cases, focusing on securing compensation for clients' medical bills, property damage, and pain and suffering. Specialization: Personal injury, car accidents, wrongful death, 18-wheeler accidents. Why choose them? Carabin Shaw offers a free initial consultation, and its team is known for aggressively advocating for its clients' rights.
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.
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.
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.
“If you’ve been hurt in a truck / 18 wheeler accident in San Antonio or McAllen, J.A. Davis & Associates provides experienced legal support to ensure you receive fair compensation and can get back on your feet.”
Truck accident insurance coverage functions differently than regular car insurance because commercial trucks carry millions of dollars in liability protection and operate under complex federal regulations. Truck accident insurance coverage becomes even more complicated when companies hire unqualified drivers who cause crashes, creating disputes between insurance carriers, coverage denials, and gaps that leave victims fighting for compensation. Truck accident insurance coverage should protect innocent victims, but when companies violate hiring rules and insurers deny claims based on driver qualification failures, the path to recovery becomes a battle requiring experienced legal representation.
Federal Insurance Requirements for Commercial Trucks
The Federal Motor Carrier Safety Administration mandates minimum insurance coverage based on cargo type and vehicle use. General freight haulers must carry at least $750,000 in liability coverage. Hazardous materials transporters need $1 million to $5 million depending on substances carried. For-hire passenger transportation requires $1.5 million to $5 million. Oil and gas transportation demands $1 million minimum.
These requirements exist because truck accidents cause catastrophic damage. According to the Insurance Institute for Highway Safety, 4,714 people died in large truck crashes in 2021, with 72% being occupants of other vehicles. The massive insurance requirements recognize this destruction and ensure compensation availability for victims.
Commercial trucking policies typically combine multiple coverage types: auto liability for third-party injuries and property damage, cargo insurance protecting transported goods, general liability for non-auto business operations, workers' compensation for employee injuries, and garage liability for maintenance facilities. Many companies also carry umbrella policies providing additional coverage for catastrophic claims exceeding primary policy limits.
When Insurance Companies Deny Coverage for Unqualified Drivers
Insurance carriers look for reasons to deny claims, and unqualified drivers provide perfect opportunities. Insurers deny coverage when drivers lack proper licenses or endorsements required for vehicles they operated, companies knowingly hired drivers with disqualifying violations, systematic regulatory violations exist throughout the company, fraudulent documentation was used during hiring, or material misrepresentations appeared in insurance applications.
These coverage denials create nightmares for victims. You suffered serious injuries through no fault of your own, yet the insurance company refuses to pay because the trucking company hired an unqualified driver. The company violated the law by hiring that driver, yet somehow their insurance doesn't cover the damage caused. This seems fundamentally unfair, and it is, but it's also common practice in the insurance industry.
Coverage disputes between primary and excess carriers add complications. Primary insurers argue excess carriers should pay. Excess carriers claim primary coverage hasn't been exhausted. Multiple insurance periods may be involved if violations occurred over time. Coordination among carriers takes months or years while victims need compensation immediately for mounting medical bills and lost income.
Enhanced Liability When Companies Hire Unqualified Drivers
Hiring unqualified drivers creates liability beyond typical negligence. Negligent hiring claims establish that companies failed to properly screen drivers before hiring, provided inadequate supervision after hiring, retained drivers after discovering disqualifying factors, systematically disregarded qualification requirements, and allowed economic pressure to override safety considerations. These claims expose companies to punitive damages designed to punish misconduct and deter future violations.
Punitive damages become available when companies demonstrate willful disregard for federal safety regulations, conscious indifference to public safety, patterns of hiring unqualified drivers, cover-ups or evidence destruction, and economic motivation overriding safety concerns. A company that knowingly hires a driver with multiple DUI convictions to save money on wages can face punitive damages many times larger than compensatory damages for injuries caused.
Corporate officer and management liability extends beyond the company to individuals who made decisions enabling violations. Corporate officers who established hiring policies prioritizing speed over safety, safety managers who ignored qualification requirements, HR personnel who failed to conduct proper screening, operations managers who pressured employees to violate rules, and owners who prioritized profits over safety can all face individual liability for their roles in causing accidents through unqualified driver hiring.
Multiple Parties Who Share Liability
Modern trucking operations often involve complex relationships creating multiple potential defendants. Owner-operator lease arrangements blur lines between employees and independent contractors. Equipment leasing agreements separate vehicle ownership from operation. Independent contractor relationships attempt to shield companies from liability. These structures often fail when companies exercise sufficient control over operations, making them liable despite contractual arrangements claiming otherwise.
Freight brokers who connect shippers with carriers face liability when they fail to verify carrier qualifications before arranging transportation. Logistics companies using unqualified carriers share responsibility for resulting accidents. Third-party logistics providers coordinating complex supply chains cannot avoid liability by claiming they merely connected parties without controlling operations. Load matching platforms and apps face emerging liability theories for facilitating connections between shippers and unqualified carriers.
Customer companies that directly hire trucking services rather than working through brokers may face liability for accidents caused by carriers they selected. If a major retailer hires a cut-rate trucking company with known safety violations to reduce transportation costs, that retailer may share liability when the predictable accident occurs. This theory extends traditional tort law concepts to modern supply chain relationships.
According to the Bureau of Transportation Statistics, trucks moved 72.2% of the nation's freight by value in 2021, making trucking safety critical to commerce and public safety.
Investigating Insurance Coverage and Company Assets
Maximizing recovery requires thorough investigation of all available insurance coverage and company assets. Attorneys must obtain complete insurance policies with all endorsements and riders, not just summary declarations pages insurers initially provide. These policies contain critical details about coverage limits, deductibles, exclusions relevant to driver qualifications, notification requirements affecting coverage, and coordination between primary and excess carriers.
Corporate structure investigation reveals asset protection strategies companies implement hoping to limit liability exposure. Subsidiary corporations, holding companies, trust arrangements, international operations, and personal assets of officers and owners all require examination. Companies facing large verdicts sometimes attempt last-minute asset transfers or bankruptcy filings to avoid payment, making early investigation and preservation of assets essential.
Calculating Full Damages Beyond Insurance Limits
Economic damages in serious truck accidents often exceed insurance coverage. Medical expenses for catastrophic injuries reach millions of dollars. Future care costs for permanent disabilities continue for decades. Lost wages and diminished earning capacity destroy financial security. Property damage extends beyond vehicle replacement to lost business income and other consequential losses. Family support claims compensate dependents who lost providers in fatal accidents.
Non-economic damages compensate for pain and suffering from injuries, emotional distress and psychological trauma, loss of consortium affecting family relationships, disfigurement and permanent disability, and loss of enjoyment of life. These damages, while harder to quantify than medical bills, often represent the largest portion of victim compensation in cases involving severe injuries or death.
Punitive damages, available when companies demonstrate egregious conduct, can multiply total recovery substantially. Texas law limits punitive damages in most cases but allows them when companies violate regulations knowingly, cover up violations, or demonstrate patterns of misconduct. The Texas Civil Practice and Remedies Code establishes standards for punitive damages in personal injury cases.
Strategic Litigation Approaches
Early case assessment identifies insurance coverage issues, driver qualification deficiencies, company hiring practice failures, potential for enhanced damages, and third-party liability opportunities. This evaluation guides litigation strategy, settlement approaches, and resource allocation throughout the case.
Settlement negotiations leverage regulatory violations for pressure, coordinate among multiple insurance carriers, utilize bad faith insurance threats when appropriate, present sophisticated damage analysis showing full economic and non-economic losses, and consider structured settlements providing long-term financial security for catastrophically injured victims.
Trial preparation requires regulatory experts explaining industry standards and violations, economic experts calculating lifetime damages, demonstrative evidence showing systematic violations, company witnesses revealing practices, and jury education about trucking industry economics and safety requirements. Complex commercial cases demand resources and expertise beyond typical car accident litigation.
How Insurance Companies Protect Their Interests Over Yours
Understanding insurance company motivations explains coverage disputes. Carriers want to pay minimum amounts possible. They investigate aggressively looking for coverage defenses. They argue over policy interpretations favoring their interests. They delay hoping victims accept low settlements out of financial desperation. They defend claims vigorously even when liability seems clear.
Insurance defense attorneys work for carriers, not victims. Their job is minimizing payout, not ensuring fair compensation. They use sophisticated tactics developed over decades of litigation. They have virtually unlimited resources for investigation, experts, and litigation costs. Victims without experienced attorneys face enormous disadvantages negotiating with these professionals.
Why Victims Need Attorneys Who Understand Insurance
Insurance coverage disputes require specialized expertise. Attorneys must understand policy language, coverage law, bad faith insurance practices, coordination among multiple carriers, and strategies for maximizing recovery from all available sources. They must investigate corporate structures, preserve assets, and pursue all potentially liable parties.
When unqualified drivers cause accidents, insurance complications multiply. Coverage denials, policy disputes, and multiple party liability create complex litigation requiring substantial resources and expertise. Victims trying to navigate these issues alone while recovering from serious injuries face nearly impossible challenges. The insurance and trucking industries count on this imbalance, hoping victims accept inadequate settlements rather than fighting for full compensation.
Federal insurance requirements exist to protect accident victims, but insurance companies look for every opportunity to deny or minimize claims. Companies that hire unqualified drivers violate federal law and create enhanced liability exposure, but recovering that compensation requires attorneys who understand both trucking regulations and insurance coverage law. The intersection of these issues determines whether victims receive fair compensation or face financial ruin despite suffering through no fault of their own.
