Trucking Accidents: Can the Trucking Company Be Held Liable?
June 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 that occurred.
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 following:
- 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 compensation.