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Trucking Accidents: Who is Liable?

Trucking Accidents: Who is Liable?

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 insurance provider.

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!


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