When an Unlicensed Truck Driver Causes a Fatal Crash in Texas

Who Is Liable When an Unlicensed Truck Driver Causes a Fatal Crash in Texas?

Fatal truck crashes caused by unlicensed drivers create complex liability questions. When unlicensed truck drivers kill people on Texas highways, families want to know who can be held accountable. Liability extends far beyond the driver in most commercial vehicle crashes. Trucking companies that hire unlicensed or illegal immigrant drivers often bear significant responsibility for fatal accidents. Understanding all potential defendants is essential for families pursuing wrongful death claims after commercial vehicle crashes take the lives of loved ones.

Multiple Parties Share Liability in Fatal Truck Crashes

Fatal truck accidents rarely involve only the driver’s negligence. Texas law recognizes that trucking companies, brokers, cargo owners, and maintenance providers may share responsibility when unlicensed drivers cause crashes. Identifying all liable parties ensures families receive full compensation for their devastating losses.

The truck driver faces criminal charges and civil liability for causing fatal crashes. Even unlicensed or illegal immigrant drivers can be sued for wrongful death damages. However, these drivers often lack sufficient assets or insurance coverage to compensate grieving families adequately. Pursuing claims only against drivers results in insufficient recovery for families.

Trucking companies that employ drivers bear liability under multiple legal theories. Federal regulations place affirmative duties on motor carriers to verify driver qualifications before allowing anyone to operate commercial vehicles. Companies that hire unlicensed drivers violate these fundamental safety requirements.

Negligent Hiring Establishes Trucking Company Liability

Negligent hiring occurs when employers fail to exercise reasonable care in selecting employees. Trucking companies must conduct thorough background checks, verify commercial driver’s licenses, confirm legal work authorization, and ensure drivers meet all federal qualification requirements. Companies that skip these critical steps demonstrate reckless disregard for public safety.

Recent federal enforcement operations revealed that trucking companies were hiring illegal immigrant drivers with fraudulent credentials. One driver operated an 18-wheeler with a New York commercial license listing “No Name Given” as his legal name. The company that hired this driver failed to verify basic identity information before placing him behind the wheel of an 80,000-pound vehicle.

California issued a commercial license to Harjinder Singh despite his illegal status and failed English proficiency test. Singh killed three people on the Florida Turnpike in August 2025 when he attempted an unauthorized U-turn. The trucking company that employed Singh may be liable for hiring a driver who lacked the required credentials and language skills to operate commercial vehicles safely.

Evidence of negligent hiring includes missing driver qualification files, inadequate background checks, and failure to verify commercial licenses. Trucking companies that maintain incomplete or fraudulent driver files expose their negligence. These records prove that companies knew, or should have known, that drivers lacked proper authorization to operate commercial vehicles.

Federal Motor Carrier Safety Regulations Create Strict Duties

The Federal Motor Carrier Safety Administration imposes strict requirements on trucking companies hiring drivers. Motor carriers must verify that every driver possesses a valid commercial driver’s license appropriate for the vehicle they will operate. Companies must also confirm drivers can read and speak English sufficiently to understand highway signs, respond to official inquiries, and communicate with the public.

Trucking companies must maintain driver qualification files that include copies of commercial driver’s licenses, medical certificates, road test results, and employment applications. Federal regulations require annual review of driver records to ensure continued compliance. Companies that fail to maintain proper files or conduct required reviews violate regulations designed to protect public safety.

When unlicensed drivers cause fatal crashes, these regulatory violations establish negligence per se under Texas law. Violations of safety regulations constitute negligence as a matter of law. Families do not need to prove what reasonable companies would do because federal regulations already define the required standard of care.

Negligent Supervision and Retention Add to Company Liability

Trucking companies have ongoing duties to supervise drivers and remove dangerous operators from service. Negligent supervision occurs when companies fail to monitor driver performance, ignore safety violations, or allow unqualified drivers to continue operating commercial vehicles. Companies that receive complaints about drivers but take no corrective action demonstrate reckless indifference.

Negligent retention occurs when companies retain drivers after learning they lack proper credentials or pose safety risks. If trucking companies discover that drivers obtained fraudulent licenses or work illegally, they must remove those drivers immediately. Continued employment after discovering disqualifying information exposes companies to punitive damages.

Vicarious Liability Holds Employers Responsible

Texas law imposes vicarious liability on employers for employee actions taken within the scope of employment. When truck drivers cause crashes while performing job duties, trucking companies automatically share liability regardless of whether they were negligent in hiring or supervision. This legal principle ensures victims can pursue claims against companies with substantial assets and insurance coverage.

Companies may argue that unlicensed or illegal drivers were not legitimate employees. However, Texas courts look beyond formal employment designations to the actual working relationship. If companies exercised control over drivers, provided equipment, and directed job performance, vicarious liability applies even when employment was technically illegal.

Broker and Shipper Liability for Negligent Selection

Freight brokers who arrange transportation may face liability when they select carriers with poor safety records or fail to verify carrier credentials. Brokers must conduct a reasonable investigation into carrier safety ratings and confirm proper licensing and insurance. Brokers who prioritize low rates over safety contribute to fatal crashes by hiring disreputable carriers.

Cargo owners and shippers may be held liable under certain circumstances. When shippers exercise control over transportation details or are aware of carrier safety deficiencies, they may share responsibility for crashes. Evidence that shippers pressured drivers to meet unrealistic deadlines or ignore safety regulations supports liability claims.

Insurance Coverage Issues in Unlicensed Driver Cases

Commercial insurance policies may contain exclusions for unlicensed drivers or illegal employees. Insurance companies frequently deny coverage when drivers lack proper credentials. However, Texas law provides several avenues for families to overcome coverage defenses.

Trucking companies maintain commercial liability insurance as required by federal regulations. Even if driver coverage is excluded, policies may still cover the company’s independent negligence in hiring and supervision. Multiple insurance layers often apply to commercial vehicle crashes, providing substantial coverage beyond fundamental liability limits.

Families must quickly identify all applicable insurance policies. Trucking companies carry primary liability coverage, excess umbrella policies, and cargo insurance. Parent companies and affiliated entities may have additional policies that apply. Experienced wrongful death attorneys know how to uncover every available insurance source.

Preserving Evidence Before Deportation Proceedings

Fatal crashes involving illegal immigrant drivers require immediate legal action. Deportation proceedings may result in drivers being removed from the country within weeks or months. Families must preserve evidence before drivers leave and before trucking companies destroy records.

Attorneys should immediately obtain driver qualification files, employment applications, Form I-9 documents, and payroll records. These materials establish what companies knew about illegal status and fraudulent credentials. Spoliation letters must be sent to require the preservation of all relevant evidence.

Driver depositions should occur as quickly as the courts allow. Once deported, drivers become unavailable for questioning and trial testimony. Video depositions preserve driver statements for use at trial when drivers cannot return to testify.

Building Wrongful Death Cases Against Negligent Carriers

Wrongful death claims require proof that negligence caused fatal crashes. When unlicensed drivers are involved, establishing evidence of company negligence is easier. Driver qualification files that reveal missing documents, forged credentials, or inadequate verification demonstrate that companies ignored clear red flags.

Expert witnesses testify about industry standards for driver qualification and hiring practices. Safety consultants explain federal regulations and how companies violated required procedures. Accident reconstruction specialists prove how inadequate training or language barriers contributed to crashes.

Economists calculate wrongful death damages based on lost financial support, lost household services, and loss of inheritance. Families recover compensation for funeral expenses, pain and suffering of deceased victims, and loss of companionship. Punitive damages may be available when companies demonstrate gross negligence or conscious indifference to safety.

Take Action to Protect Your Family’s Rights

If an unlicensed truck driver killed your family member in a Texas crash, immediate legal action is essential. Evidence disappears quickly, and deportation proceedings may remove crucial witnesses from the country. Contact experienced Texas wrongful death attorneys who understand the complex liability issues in commercial vehicle cases.

Families deserve attorneys who will investigate thoroughly, identify every liable party, and pursue maximum compensation. The two-year statute of limitations for wrongful death claims in Texas means families must act promptly. Call today for a free consultation to discuss holding negligent trucking companies accountable for your devastating loss.

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