All car accidents have a certain level of confusion to them, but when a
third party is involved, it only add to it. If you suffered injuries because
of the negligence of a truck driver, you may assume that the trucking
company will be held liable for your injuries. Unfortunately, it isn't
quite so black and white.
In years past, truck drivers were almost always employed by a larger corporation.
They had a company they worked for and a 'boss' in a position
of authority over them. Nowadays, the industry is much different and therefore,
accidents are more confusing.
Employees vs. Independent Contractors
In order for the truck driver's company to be held responsible for
your accident, the driver must be an employee of the company. This means
that they only drive trucks for one company.
Independent contractors, however, are quite the opposite. A driver who
is an independent contractor actually picks up jobs from many different
companies and is not under one specific corporation.
If an independent contractor causes your accident, you will have no employer to sue.
Victims of accidents involving independent contractors can still recover
compensation though. Instead of suing their employer, you will instead
file a claim against the driver and get compensation from their personal
If the driver is an employee of another trucking company, you must prove
that the driver was "on the clock" at the time of the accident.
This places liability with their employer who in turn may be responsible
for covering the cost of your suffering.
Don't hesitate to contact Henningsen Injury Attorneys, P.C. if you're
suffering from a trucking accident. We always go the extra mile for our
clients and will do whatever it takes to achieve a favorable outcome.
Call our Atlanta trucking accident attorneys today!