When drivers and passengers are involved in a multi-vehicle collision, there is always a risk of severe injury or wrongful death. If one of the vehicles weighs 25 times more than the other vehicle, the consequences can be even more serious for occupants of the smaller vehicle. Given the high risk of catastrophic injury associated with tractor-trailer crashes, victims are well-advised to understand the theories that make companies liable for collisions caused by the negligence of truck drivers. Companies receive legal advice from insurance carriers and attorneys regarding ways to shield themselves from liability for the injuries caused by commercial drivers.
A common strategy employed by many businesses involves classifying drivers as independent contractors. If a truck driver causes an accident because of exhaustion after ignoring hours of service rules, the trucking company will argue that the plaintiff in a trucking accident lawsuit must seek compensation from the so-called “independent contractor.” This can present a serious dilemma for plaintiffs because a true independent contractor, such as an “owner-operator” typically will not have nearly as much coverage as a trucking company or a company shipping products.
Given the financial incentive to maximize profits, companies often develop practices designed to move goods to their destination at the lowest cost. Compliance with safety rules does not necessarily permit the greatest possible reduction in cost, so companies cut corners. Truck drivers with poor driving records and/or a history of alcohol or drug abuse typically cannot command the same pay as a good driver.
Our experienced Mississippi trucking accident attorneys can help you pursue a claim even if the trucking company contends that the driver is an independent contractor. The classification given to a driver by a company is not the final word on whether the truck driver is really an independent contractor. If the company exercises a sufficient degree of control over the driver, the so-called independent contractor status can be exposed as a fiction. Careful discovery and analysis of documents and testimony regarding the degree to which the company manages the driver can persuade a court to determine that an employer-employee relationship exists. This finding is important because the liability of a careless or inattentive truck driver can be attributed to the company under the doctrine of respondeat superior, which literally translated means “let the master answer.”
Even if the negligent truck driver that causes your injuries is an independent contractor, the company with whom he contracts can still be financially responsible for his lack of care. Generally, a company can be liable for physical injury to third parties caused by its lack of reasonable care in employing a careful and competent contractor. This principle extends not only to a trucking company that uses independent contractors to navigate its routes but also to a retailer that hires an individual owner-operator to transport loads. Our Mississippi trucking accident lawyers gather evidence to determine whether the company failed to adequately screen a driver before authorizing him to operate an 80,000-pound tractor-trailer.
Trucking companies sometimes hire drivers (even as an independent contractor) without an adequate background check regarding the driver’s past traffic citations, failure to comply with trucking safety regulations, alcohol or drug abuse issues, employment history, and collisions. We are committed to holding companies accountable when they endanger public safety by cutting corners during the hiring process.
If you have been injured in a trucking accident in Jacksonville or the surrounding areas of Mississippi, our Mississippi Trucking Accidents Lawyers have successfully represented many tractor-trailer accident victims in obtaining compensation for their injuries. At Barrett Law, we are here to help. Contact our firm today at 800-707-9577 to schedule your free consultation, so we can answer any questions you may have regarding filing your claim.