Atlanta Truck Accidents: What Happens If The Trucker Was An Independent Contractor?
When an Atlanta truck accident occurs due to a truck driver’s recklessness, both the driver and the trucking company they work for can be held accountable. However, the trucking industry often uses independent contractor arrangements specifically to limit liability.
Fortunately, claiming that the driver isn’t an actual employee doesn’t let the trucking company off the hook. Our experienced Atlanta truck accident lawyers explain the factors that determine who is responsible for your losses and the actions we can take to help you get the compensation you deserve.
Why the Independent Contractor Label Doesn’t Always Protect Trucking Companies
Trucking companies know that classifying drivers as independent contractors, rather than employees, can shield them from certain liability claims. However, the Federal Motor Carrier Safety Administration (FMCSA) requires that trucking companies maintain control over the safety of operations, regardless of how drivers are classified. Factors that influence whether it is liable for an independent contractor’s actions include:
- Whether the company controlled the driver’s routes, schedule, and delivery requirements.
- Whether the truck operated under the trucking company’s DOT authority and displayed its placards.
- Whether the company set safety standards and operational policies the driver was required to follow.
- Whether the company had the right to supervise, direct, or terminate the driver’s work.
In many cases, the degree of control a trucking company exercises over a driver’s work can help disprove claims that the trucker is an independent contractor.
How We Investigate Atlanta Truck Accident Claims Involving Independent Contractors
When a client comes to us after a crash involving an independent contractor, the first thing we do is look past the paperwork. The classification does not settle the question of liability. The actual working relationship does.
The Department of Labor has consistently found that many workers classified as independent contractors are, in practice, functioning as employees under the law. That same logic applies in personal injury cases when we examine the relationship between a trucking company and the driver who caused your crash. Actions we can take include:
- Review the lease and contractor agreements between the driver and the trucking company.
- Examine the level of control the company exercised over the driver’s work and conduct.
- Gather evidence showing the trucking company was negligent.
- Represent you in dealings with the company’s insurers and determine whether the policy covers independent-contractor operations.
Trucking companies use the independent contractor label to avoid liability. Our experienced Atlanta truck accident lawyers hold them accountable and help you get compensation.
Consult Our Experienced Atlanta Truck Accident Lawyers Today
When an Atlanta truck accident happens, trucking companies will do anything to avoid liability. Our Atlanta truck accident lawyers have experience you can count on in these cases. We investigate, uncover the full picture, and fight for the compensation you deserve.
Call or contact our team at Shiver Hamilton Campbell online today to request a consultation. We represent clients in Marietta, Decatur, Alpharetta, Savannah, John’s Creek, and all of Fulton, Gwinnett, and DeKalb Counties.
Sources:
ai.fmcsa.dot.gov/NewEntrant/Regulations.aspx
dol.gov/agencies/whd/flsa/misclassification
