Can Trucking Companies Be Held Liable for Independent Contractors?
The majority of truck accidents in Texas are caused by negligent truck drivers or trucking companies. At times, trucking companies can also be held liable for the careless actions of their employees, such as truck drivers. This is possible under the legal concept of vicarious liability.
However, many truck drivers may claim that they are not employed by the company they drive for. Instead, they claim to be independent contractors. Fortunately, it may still be possible to sue the truck driver and the company. Below, our San Antonio 18-wheeler accident attorney explains in greater detail.
Under the definition of “employee,” the Federal Motor Carrier Safety Administration (FMCSA) specifically includes independent contractor. Even if you lease your truck, own your authority, and identify as an independent contractor or 1099 worker, the FMCSA views you as an employee of the motor carrier for safety and compliance purposes while operating under their authority
When to Sue a Trucking Company
Under the definition of “employee,” the Federal Motor Carrier Safety Administration (FMCSA) specifically includes independent contractor. Even if you lease your truck, own your authority, and identify as an independent contractor or 1099 worker, the FMCSA views you as an employee of the motor carrier for safety and compliance purposes while operating under their authority. The motor carrier remains legally responsible for ensuring compliance with all Federal Motor Carrier Safety Regulations (FMCSRs), including drug and alcohol testing and hours of service, regardless of your contractor status. Proving that another party was responsible for a crash is complex and requires careful analysis of the evidence to show how the accident occurred and why.
Filing a Claim Against Negligent Truck Drivers
When truck drivers are independent contractors, they can be held liable for their own negligent actions behind the wheel. You can file a claim against the driver if they drove negligently, drove while intoxicated, violated safety law, failed to maintain their own truck, or otherwise acted carelessly.
It is important to speak to an attorney who can advise on which party is liable and how to proceed with your claim.
Our 18-Wheeler Accident Attorney in San Antonio Can Advise On Your Case
Proving fault after a truck accident is never easy. At the Law Office of Israel Garcia, our experienced San Antonio 18-wheeler accident attorney can conduct an investigation to determine who is at fault and help you collect the necessary evidence to prove it so the process is as easy as possible for you. Call us today at 210-LAW-9999 or contact us online to schedule a consultation and to get the legal help you need.
Source:
fmcsa.dot.gov/regulations/hours-service/summary-hours-service-regulations
