Can Truckers Sue if They’re Hurt by Their Co-Drivers?

For long-haul trucking, it’s quite common for two drivers to work in shifts on their way from A to B. That helps make trips more efficient by minimizing down time, but it also creates the possibility for unique risks—especially when accidents or injuries occur. When a trucker is hurt and believes their co-driver’s actions are to blame, the victim may have questions about responsibility and their legal options. Those questions may include today’s topic: Can truckers sue if they’re hurt by their co-drivers?

Answer: Some jurisdictions allow truckers to bring lawsuits when they are off the clock and injured by their co-driver. In other places, these cases are treated as workers’ compensation claims.

The law makes certain distinctions between injuries sustained while performing work duties and those received while doing anything else. In this article, we’ll look at the differences between “on the clock” and “off the clock” injuries, and how they affect a potential lawsuit.

What Makes a Trucker “Off the Clock” in the Truck?

Because truck drivers often live and work in the same space, the rules about when they’re officially working aren’t the same as they are for other jobs. Whether they’re on or off the clock depends largely on what they’re doing and whether it’s part of their job. For example:

• A driver might be considered off the clock while resting in the truck’s sleeper berth, even though they’re still in the truck.
• Sleeping or texting in the passenger seat while the co-driver operates the truck would probably be off-duty activity unless the passenger is communicating with a boss or dispatcher.
• Drivers may also be off the clock if they use the truck for personal transport, like driving to a restaurant or hotel after parking for the day.

In some states, legally speaking, off-duty truckers in a company truck are no different than unaffiliated people like hitchhikers, friends, or family. If they’re just like those passengers, though, how does that affect their legal options if they’re injured by a co-driver?

On and Off the Clock: Workers’ Compensation vs. Lawsuits

When a truck driver is hurt in an accident caused by a co-driver, their legal remedies can hinge on what they were doing at the time of the incident.

If the injured driver was on duty when they got hurt—meaning they were driving, navigating, or otherwise performing job duties—workers’ compensation is usually the exclusive remedy against the employer (Texas is a bit more complicated). The driver can file a workers’ comp claim to get guaranteed benefits such as medical treatment, lost wages, and related costs, but that means they can’t usually sue anyone for additional damages. The workers’ comp system is meant to provide quick, guaranteed benefits without going through a lawsuit, though it limits recovery to those defined benefits.

If the driver was off duty (resting in the sleeper berth, watching a movie in the passenger seat, eating lunch, etc) when their co-driver cause their injuries, they may have more legal options. They might still be eligible for workers’ comp if they were hurt while doing something work-related, but they might also have the ability to file a negligence lawsuit against the co-driver—and the company who put them on the road. The key point is that off-duty injuries caused by a co-driver can sometimes open the door to remedies beyond the workers’ comp system, depending on the circumstances and state law.

Which is Better, Workers’ Comp or a Lawsuit?

Most injured truckers don’t get to choose which kind of compensation they’ll receive, which is usually set by state law (or in Texas, by choices the employer makes). With that in mind, let’s talk about their two main avenues of remedy if a truck driver is hurt.

Workers’ compensation provides a baseline of benefits, but comes with some pretty serious restrictions. On the plus side, the benefits are paid regardless of fault, which makes the process faster and more predictable. However, the system doesn’t allow recovery for every kind of damage, nor does it typically cover anything like the full amount of lost income. Its main benefit is that it kicks in relatively quickly and it’s guaranteed income, however limited.

By contrast, filing a personal injury lawsuit against the co-driver (or other liable parties) may award broader compensation. In addition to medical bills and lost wages, a lawsuit may allow recovery for other damages not covered under workers’ comp, and the compensation received at its end may far exceed what a workers’ comp candidate receives. However, getting to that compensation generally takes time, resources, and significant effort—all for an outcome that is not guaranteed like workers’ comp.

Ultimately, workers’ compensation provides limited but certain benefits, while a lawsuit carries more uncertainty but the potential for a larger overall recovery. Deciding which path is right depends heavily on the facts of your case, including the nature of your employment and the circumstances of the injury. These distinctions can be confusing, and it’s important to understand which path to remedy is the best (or only) one.

How Do I Know Whether Workers’ Compensation Applies to My Situation?

As if the situation weren’t complicated enough, different states have different rules regarding how they treat off the clock drivers injured by co-workers who were on the clock. Some states say that workers’ compensation applies (meaning lawsuits would be barred), while others have decided that in these situations workers’ compensation doesn’t apply—so the injured worker must sue to recover any compensation.

The location of the business and where exactly the accident occurred can add more layers of complexity, so while it probably doesn’t surprise anyone to see an attorney recommend calling one, it is truthfully best to speak to a lawyer to fully understand your rights and remedies.

Grossman Law Is Here to Help

As litigation goes, truck accident lawsuits are notoriously complex—even more so when the victim is a truck driver, since those cases pull together elements of personal injury law, employment law, commercial vehicle regulations, and jurisdictional differences. For the uninitiated, trying to make sense of who is responsible, how to prove it, and how to pursue fair compensation can quickly get overwhelming. The technical language, procedural rules, and aggressive defense tactics of trucking companies often make it difficult for accident victims to stand on equal footing.

At Grossman Law Offices, we understand how confusing and stressful this process can feel, and we make it our mission to guide clients through every step of the legal landscape. Our attorneys are always happy to explain how the law applies to each unique situation, breaking down complex regulations into plain language so victims and their families feel informed and confident. Beyond answering their questions, we also work hard to challenge negligent companies that put their drivers in harm’s way.

If you were injured or lost a loved one in a commercial truck accident, contact Grossman Law today. Our attorneys are available 24/7 to answer your questions and perform free and confidential consultations.