Truck accidents are difficult enough, but when an independent contractor is involved, the situation becomes even more complicated. Independent contractors work differently than company drivers, and this can make it harder to figure out who is responsible. Let’s explore the challenges commonly faced in these cases and how a skilled truck accident lawyer can help.
Determining Liability In a Case Involving Independent Contractors
Who Is Responsible?
In truck accident cases, liability usually falls on the driver, the trucking company, or both. However, determining responsibility can be challenging when the driver is an independent contractor. Many trucking companies argue they aren’t liable for the contractor’s actions because the drivers are not employees.
Key Questions to Ask:
- Was the driver operating within their scope of work?
- Did the trucking company exercise any control over the contractor's duties?
- Were the vehicles and equipment provided by the company?
The "Independent Contractor" Defense
Trucking companies often claim they have no control over independent contractors to avoid liability. However, if they dictate schedules, routes, or safety practices, they may still be held accountable. Proving this requires careful investigation.
Insurance Complications That Can Affect Truck Accident Cases
Multiple Policies
Independent contractors typically carry their own insurance, but it may not be sufficient to cover the full extent of damages in a serious trucking accident. Additionally, the trucking company may have separate policies that could apply.
Example of Coverage Issues:
|
Policy Holder |
Coverage Issues |
|
Independent Contractor |
May have lower liability limits |
|
Trucking Company |
May deny coverage based on contractor status |
Gathering Evidence
Proving Negligence
In cases involving independent contractors, evidence is critical to prove negligence. This includes:
- Driving logs to verify hours of service
- Maintenance records for the truck/commercial vehicle
- Witness statements
- Any contracts between the contractor and the trucking company
A thorough investigation can uncover whether the contractor or company violated regulations, such as ignoring federal safety standards.
Protecting Your Rights
Why Legal Representation Matters
The trucking industry has teams of lawyers and insurers working to protect their interests. Without an experienced lawyer on your side who understands both the law and your rights as a victim, it’s easy to be overwhelmed by their tactics.
A truck accident lawyer can:
- Determine who is liable for your injuries
- Negotiate with insurance companies
- Build a strong case to maximize compensation
Contact Steinberg Injury Lawyers for Legal Counsel
Truck accidents involving independent contractors are challenging due to the layered responsibilities and legal defenses. If you or a loved one has been involved in such an accident involving a truck or commercial-owned vehicle, you don’t have to face the complexities alone. An experienced personal injury lawyer can help navigate motor accident cases, address injuries, determine liability, and ensure your rights are protected.
Need help with a truck accident case? Contact Steinberg Injury Lawyers today to discuss your options and protect your rights after a crash.
Frequently Asked Questions
1. Can a trucking company still be held liable if the driver is an independent contractor?
Yes, if the company exercised significant control over the contractor or failed to enforce safety standards.
2. What if the independent contractor’s insurance isn’t enough?
You may be able to seek compensation from the trucking company’s insurance or other third parties.
3. How long do I have to file a claim?
The statute of limitations varies by state, so consult a lawyer promptly to avoid missing deadlines.
4. What damages can I recover?
Damages may include medical bills, lost wages, pain and suffering, and property damage.
