When a truck accident leaves someone with serious injuries or causes a fatality, victims and their survivors want to know who is ultimately responsible for the damage.
Unfortunately, the answer may not always be simple. A key issue that has to be established is whether the truck’s driver is an independent contractor or an employee of the trucking company. That distinction can significantly affect who can be held liable for the accident, as well as how much compensation is ultimately available.
Why is the driver’s status so important?
In general, employers can be held vicariously liable for the actions of their employees through a concept known as “respondeat superior.” This rule acknowledges that the employer generally has control over their employees during the course of their employment, and it makes the party with the deeper pockets responsible for any resulting harm.
Independent contractors are treated very differently. Trucking companies that hire independent drivers to pull their loads usually maintain that they are not responsible for the negligent acts or omissions of those drivers. The drivers are, essentially, sole proprietors of their own businesses.
It is important to note, however, that labels do not always control the outcomes of cases. The actual working relationship between the trucker and the larger company should be carefully examined, because the “independent contractor” designation is sometimes more of a legal shield than a fact. Some trucking companies classify their drivers as independents to reduce their insurance costs and limit their potential liability. That shield can fall, however, under close scrutiny after a wreck.
Liability beyond the driver
Even if a driver is genuinely an independent contractor, the overseeing company may not be entirely shielded from responsibility. Liability may still attach due to issues like negligent hiring or retention of an unqualified or dangerous driver and violation of federal safety regulations, such as when drivers are pressured to ignore hours-of-service rules.
Ultimately, the distinction between a driver who is an independent contractor and one who is an employee can affect who can be named in a lawsuit and what insurance coverage is available. In turn, that affects the overall value of a truck accident claim and the collectability of any award. That is why experienced legal guidance is essential from the start, since challenges to a driver’s independent contractor status may need to be raised as early as possible.
