If you are injured in a commercial trucking accident, one of the first questions that will have to be answered is who is legally responsible for your injuries? While a trucker may be driving the truck with a major corporation’s logo on the side, he may be a sub-contractor of a trucking company that is itself just a contractor to the corporation. In fact, even that is a simplistic scenario, as there are often many corporate layers between the owner of the goods being hauled and the person behind the wheel who just injured you and your family. So if you have been injured, who pays?
Contractors versus Employees
The issue of who is legally responsible, or liable, for your injuries is a tricky one, but it could have a dramatic impact on your ability to be made whole. For example, if the truck was owned by the corporation and the driver worked directly for the corporation, the legal theory of “respondeat superior” would likely dictate that the corporation itself was responsible for its employee’s actions, so long as those actions occurred within the scope and duty of employment. That said, large corporations insulate themselves from that sort of liability and risk by contracting out services such as distribution, so their subcontractor may assume all of the liability for your injuries. If that was the case, while the major corporation may not be liable, the corporate trucking subcontractor would be liable for the driver’s actions, also due to the theory of respondeat superior. Even that scenario might not apply, however, as the trucking company also likely contracts its truck distribution routes to individual contractors.
Each of these contracts insulates the contracting party from the actual driving activity occurring and the risk it incurs. In the end, you may only have a claim against the individual truck driver; however, it is unlikely that he or she has the insurance or resources of the corporation whose product is in his or her truck, therefore, your claim and the likelihood of being made whole is significantly diminished if the “buck” stops with the individual driver if he or she is an “independent contractor.” This could be the end of your story, leaving you with serious injuries, an inability to work, and little or no hope of receiving from an individual who may have limited resources.
Unraveling Corporate Structures
With the help of an experienced trucking personal injury attorney, you can pierce those contractual layers insulating each level of the contract. This is not something you can do on your own or with inexperienced counsel; you will need an attorney with a long track record of taking on the complex corporate hierarchy created to prevent liability from flowing up to the corporate entity.
What factors would have to be present for the law to allow a trucking accident victim to sue the larger corporate entity instead of only the independent contractor driver? The courts will require that you prove that the “independent contractor” was not really independent or that the contract trucking company worked entirely at the direction of the contracting corporation or was under their exclusive control. This shifts the nature of the contractee/contractor relationship to one of employer/employee. Factors considered include: The amount of control the business held over the driver and his actions; Whether this is the driver’s main occupation; Whether the type of work typically requires supervision; The level of skill required; Who owns the truck; The length of the relationship between the parties; How the company pays the truck driver.
If it can be shown that the driver or trucking company was not truly an independent contractor of the corporation, but was, in fact, working as its employee, then the corporation itself may be able to be sued. Being able to sue the corporation itself is an important first step towards receiving the compensation you are due.
What Should You Do If You Are Injured in a Trucking Accident?
Determining whether the truck driver who caused your injuries was an independent contractor or an employee of the contractor can mean the difference between being fully compensated for your injuries and receiving nothing. The determination of who may be liable is only one determination that your counsel will have to make. If you are injured, do not hesitate, call experienced counsel immediately.
Call Barrett Law now, an experienced Mississippi personal injury law firm, to represent you if you are injured in a trucking accident.
Barrett Law has the experience to take on insurance companies and defense counsel that are focused on denying your compensation for the harm you experienced. Contact us now at (800) 707-9577.
