As long as the truck driver is an employee of a commercial vehicle or trucking company, your lawsuit will seek damages from both the driver as well the company who employs driver. Texas law is very clear on this, stating that commercial vehicle companies are responsible for the negligent actions of their employees.
In addition to being responsible for driver negligence, commercial vehicle companies are also responsible for ensuring:
Failure to adhere to these regulations or any others coded in Title 49 of the Code of Federal Regulations and the Federal Motor Carrier Safety Act (FMCSA) can result in a trucking company being held responsible for your injuries.
In some cases, your attorney may decide it is best for you to sue the trucking company only and not the driver. This is because you are seeking compensation for your injuries and any other damages. While you may want to bring the driver to justice, limiting your lawsuit to the company might be the most financially viable action and the most likely to help you in your recovery.