Posted on Monday, June 30th, 2025 at 1:25 pm    

If you’ve been injured in a truck accident in Utah, one of the first legal questions that arises is: Who is liable—the truck driver or the trucking company? Understanding the differences between suing an individual driver and a commercial trucking company is critical to maximizing your compensation and protecting your legal rights.
In Utah, truck accident claims can involve both direct liability (negligence by the driver or company) and vicarious liability, a legal doctrine known as respondeat superior, which allows victims to hold the trucking company accountable for the actions of its employees. Here’s what you need to know.

Vicarious Liability: When Companies Are Responsible for Drivers
Under Utah law, an employer can be held liable for the negligent acts of its employee if those actions occur within the scope of employment. This legal principle, called respondeat superior, applies when:
  • The truck driver was on the clock.
  • The driver was performing job-related duties.
  • The accident wasn’t caused by intentional misconduct outside the job scope.
This type of liability is often preferred in lawsuits because trucking companies typically carry higher insurance coverage and have more assets than individual drivers. Pursuing the company can significantly increase the chances of recovering full damages for:
  • Medical bills
  • Lost income
  • Pain and suffering
  • Property damage
Learn more about your legal options from a Utah truck accident lawyer.

Direct Liability: When the Company Is Negligent
Even if the driver is primarily at fault, the company itself can be directly liable for:
  • Negligent hiring (e.g., hiring drivers with a poor safety record)
  • Inadequate training
  • Improper vehicle maintenance
  • Encouraging drivers to break hours-of-service regulations
These violations can be uncovered through investigation and discovery, including black box data, maintenance records, and company safety logs. Read more about Utah truck accident investigations.

Employee vs. Independent Contractor: Why It Matters
One critical distinction under Utah law is whether the driver is an employee or an independent contractor. Employers generally are not liable for the actions of independent contractors.
The courts will consider several factors to make this determination, such as:
  • Who controls the work schedule and duties
  • Whether the company provides the truck and equipment
  • How the driver is paid (e.g., per mile or per load)
Understanding this distinction can determine whether you’re able to hold the company financially responsible.
Utah Labor Commission – Worker Classification Info
Utah’s Comparative Fault Rule
Utah uses a modified comparative fault system under Utah Code § 78B-5-818, which means:
  • You can still recover damages if you are less than 50% at fault, but
  • Your compensation will be reduced by your percentage of fault
For example, if you’re found 20% responsible for the accident, your award will be reduced by 20%. If you’re 50% or more at fault, you recover nothing.
Statute of Limitations in Utah for Truck Accident Claims
Time limits are strict when filing a truck accident lawsuit in Utah. According to Utah Code § 78B-2-307:
  • Four years for most personal injury claims, including vehicle accidents
  • Two years for wrongful death claims
  • One year to file a notice of claim against government entities (e.g., if the accident involved a city-owned vehicle)
Missing the deadline can bar you from recovering any compensation.

Personal Injury Protection (PIP) and Truck Accidents
In Utah, drivers must carry Personal Injury Protection (PIP) insurance under the state’s no-fault system. PIP covers initial medical expenses and lost wages regardless of who caused the crash.
However, if your injuries are severe or costs exceed PIP limits (typically $3,000), you can step outside the no-fault system and sue the at-fault party.
Utah Insurance Department – Auto Insurance Requirements

Benefits of Suing the Trucking Company
Here’s why pursuing a claim against the trucking company is often more beneficial than going after the driver alone:
Greater Insurance Coverage – Companies carry commercial liability policies
Higher Settlements – More resources often mean more compensation
Multiple Theories of Liability – You can combine direct and vicarious liability claims
Regulatory Violations – Federal and state violations may bolster your case

What to Do After a Truck Accident in Utah
  1. Seek Medical Help Immediately
  2. Report the Accident to Police and Insurance
  3. Gather Evidence – Photos, witness info, police reports
  4. Request Black Box Data – Trucking companies may try to withhold it
  5. Contact a Utah Truck Accident Lawyer
Reach out to London Harker to get legal advice tailored to your case.

Final Thoughts: Get Legal Help Before It’s Too Late
Truck accident claims in Utah involve complex liability questions, state-specific laws, and strict filing deadlines. Whether pursuing respondeat superior or direct negligence, an experienced lawyer can help you uncover the strongest path forward and fight for the compensation you deserve.

Additional Resources:
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London Harker Injury Law Sandy Office

Personal Injury Attorney in Sandy, Utah

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London Harker Injury Law Provo Office

Personal Injury Attorney in Provo, Utah

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London Harker Injury Law Lehi Office

Personal Injury Attorney in Lehi, Utah

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