What Happens If a Truck Accident Is Caused by an Independent Contractor?

An independent contractor is likely in the truck next to you on the road in Texas. There are many people who provide this service throughout the state and around the country. It means they are not direct employees of a trucking company. That is important to know because it can influence what happens if there is an accident and you have losses as a result of it. A Houston truck accident lawyer can assist with your claim.

The Independent Contractor Could Be at Fault

In situations where a truck accident occurs, and the driver behind the wheel is an independent driver, do all of the same things you would do in terms of getting help and documenting your accident. You will file a claim against the independent contractor’s liability insurance for the losses you have. Some examples of instances in which the truck driver may be to blame include:

• Reckless driving
• Intoxicated driving
• Fatigued driving
• Violations of the Federal Motor Carrier Safety Administration laws
• The vehicle they are operating is in poor condition

In these situations, the independent contractor’s liability insurance may cover your losses up to the limits of the policy if you can prove that the contractor was at fault. If you need to pursue legal action above that policy, you may have to seek a civil suit against the truck driver.

Suing the Trucking Company

In some situations, it may be possible to seek legal action against other parties beyond the truck driver. To do so, you must show that the truck company was responsible for the incident. It is critical to look at very specific factors to determine if this is an option in your case.

The key is demonstrating that the trucking company should have known or did know of a risk and failed to take action to prevent it. For example, if you can show that the trucking company knowingly hired a truck driver who had numerous safety violations, and those are factors that contributed to your losses, then you may be able to pursue legal action against that trucking company.

Trucking companies may also be held responsible if they can be proven responsible for not monitoring the conduct of the truck driver. For example, if the trucking company failed to maintain logs to show that the driver was taking proper time off according to the rules of the road, that could make them responsible. Here are a few other examples:

• The truck company fails to ensure the truck driver’s license is valid
• The driver is working too many hours for the truck company
• The driver is hauling hazardous materials or chemicals without proper training
• The driver overloaded the truck, and the trucking company knew this occurred
• Trucking companies that test for drug and alcohol use may have failed to do so
• The company knows the truck driver is using an electronic device like a phone while operating the vehicle

Proving that other parties are responsible for truck accidents is not easy to do. It requires careful consideration of available evidence to demonstrate what occurred and why. In addition to this, you will need to obtain data that may not be easily obtained without court orders. Working with an attorney could help to ensure you know exactly who to seek compensation from in your accident.