Special legal principles allow you to sue commercial trucking companies when their drivers cause crashes, but these only apply to truckers hired as “employees.” When drivers are independent owner-operators or work as independent contractors, how can you recover damages if you can’t sue the trucking company?
Fortunately, truck drivers – like everyone else on the road – must have insurance. This is typically a high-dollar policy, since independent truckers could cause high-dollar damages involving their own vehicle, other drivers, and their cargo. However, before we give up on the concept of holding a trucking company responsible, it is important to investigate whether the trucker really is a contractor after all.
For help with your injury case, call the Las Vegas, NV truck accident lawyers at Mitchell Rogers Injury Law for a free case evaluation at (702) 702-2622.
How Trucking Companies Are Held Liable
Trucking companies can be held liable in two general ways:
Direct Liability
If a trucking company did something wrong to cause an injury, it can be held responsible for that. This could include things like negligent maintenance or upkeep on their fleet of trucks, or negligent hiring or retention of a dangerous driver.
This usually doesn’t apply if the trucker owns their own truck and works for themselves, as the trucking company wouldn’t really be involved.
Vicarious Liability
“Respondeat superior” is a legal principle allowing “vicarious liability.” This lets you hold an employer responsible in place of their employee when the employee does something wrong. For this to apply to a trucking company, a few factors have to be met:
- The trucker must be an employee, not an independent contractor.
- The accident must have been caused by negligence – i.e., a breach of a legal duty. Intentional crashes might not be covered.
- The trucker must have been working within the scope of their employment when the crash happened, not on a personal errand or a task for another employer.
Is the Trucker Really an Independent Contractor?
Just because a trucking company says a driver is a contractor does not make that true. Trucking companies may attempt to misclassify workers to save themselves money and limit their liability.
If the worker is actually an employee, then it is possible that respondeat superior could apply, and the trucking company could be at fault.
Factors
Rules are different in different states regarding when truckers (or any workers) can be considered employees versus independent contractors, but these factors are usually relevant:
- How is the worker paid? Just because they get a 1099 instead of a W-2 doesn’t automatically make them a contractor.
- Who controls the trucker’s work? If the trucker is allowed to make their own routes, set their own hours, and accept or decline jobs on their own, they could be a contractor. If the trucking company controls that for them, that indicates they might be an employee.
- Does the trucker do the same job as the company? Truckers working for farmers, ranchers, or companies in other industries are more likely to be contractors, while truckers working for trucking companies are more likely to be employees.
- Does the trucker work under their own name or a company name? If the trucker has their own separate company name (often with “LLC” at the end), it is more likely they are a contractor.
Other factors may also be relevant, depending on specific state laws and previous court rulings.
Results
If, at the end of this inquiry, we discover that the trucker was misclassified, then we may be able to hold the trucking company liable for what the trucker did anyway.
Trucking companies and other employers often run into issues with their classifications, or even intentionally try to misclassify workers to avoid liability. If this applies, we may be able to upend their lies and get you damages from the trucking company.
Suing the Trucker and Their Insurance
If the trucker is, at the end of the day, an independent contractor, then we may have to sue them directly. This is often the worst option because, unlike trucking companies, individual drivers tend not to have the money and resources to pay for high-dollar damages.
However, they still have to have insurance. Insurance policies for commercial truckers often pay more than policies for individual non-commercial drivers, allowing us to potentially get full payment from the driver’s insurance.
Whether we file an insurance claim or lawsuit, the trucker’s insurance typically covers their damages. Our Boulder City, NV truck accident lawyers can negotiate with the insurance company for full damages, and if they refuse to pay, take the case to court.
FAQs for Truck Accident Cases Involving Independent Drivers
Does It Hurt My Case if the Trucker is an Independent Contractor?
Trucking companies are often in a better position to pay damages compared to individual drivers. If we can, it is often best to include a trucking company in the case, but this might not work if the driver is properly classified as an independent contractor.
If the classification is wrong, however, we may be able to sue the trucking company anyway.
Can Individual Truck Drivers Afford Damages?
One issue with any auto accident case is that the driver who hit you might not be able to afford to pay you, even with their insurance. If your damages are higher than their insurance will cover, it might mean some damages go unpaid.
However, your insurance might have underinsured motorist coverage that can step in and help cover you. On top of this, your policy might have some first-party benefits, like PIP, medical payment coverage, and collision coverage.
Whose Insurance Covers My Crash?
If you live in a no-fault state, then your insurance might cover you and limit your right to sue anyone else unless you meet certain requirements for “serious injuries.” In an at-fault state like Nevada, you can file a claim or lawsuit for the defendant’s insurance to cover you.
If the trucking company is involved as a defendant, their insurance should cover the case. Otherwise, if the driver was truly a contractor, the trucker’s commercial driver’s insurance would cover instead.
Call Our Truck Accident Lawyers Today
Call (702) 702-2622 for a free case review with Mitchell Rogers Injury Law’s commercial Enterprise, NV truck accident lawyers today.