Trucking Accidents: Can the Trucking Company Be Held Liable?
May 11, 2016
Have you been hurt in an accident involving a commercial vehicle such as
a big-rig or 18-wheeler truck?
Henningsen Injury Attorneys, P.C. understands just how the serious the situation is and that injury victims
are not always aware of how far their legal rights extend. Fortunately,
there is a remedy, and you can file a claim for compensation for any negligence
Many clients come to us with questions about how they should go about taking
legal action and securing a fair settlement to cover their injuries. This
is especially important in truck accident cases—who is liable in
this instance: the truck driver or the company who employs that driver?
It depends on the relationship between the driver and the company. If the
truck driver is independently employed, a private contractor, or otherwise
not an employee of a business, the driver is the one who is legally liable.
To take action against a trucking company the driver must be considered
an employee of the company.
As Atlanta truck accident lawyers, we can find compensation to cover the
- Medical bills and treatment
- Lost wages due to being unable to work
- Damage to your vehicle or other property damage
- Emotional anguish
- Pain and suffering
- Loss of companionship or support
- Other related costs
Although this logic may seem fairly obvious and straightforward, many are
surprised to realize that truck drivers are independent contractors. Every
assignment is taken on as needed or assigned randomly. Nowadays, more
and more trucking companies are relying on independent contractors rather
than keeping a payroll of employees, as it is less costly for the companies.
How can you take legal action?
When the Driver Works Independently
If upon further investigation you find that the truck driver was not only
responsible for causing the accident but is not employed by a trucking
company, you would need to file the claim against the driver. His or her
personal liability insurance should be used to cover this. As Atlanta
truck accident attorneys, we can evaluate the circumstances to determine
the degree of negligence and build a claim to help you find full and fair
If you have been in an accident and were injured,
call Henningsen Injury Attorneys, P.C. as soon as possible to schedule a