In addition to filing a claim or lawsuit against a truck driver, an injured motorist may also have a claim against the driver’s employer, which is often a trucking company.
In other words, the trucking company may share responsibility for the truck driver’s negligence, if the driver was acting in the scope of employment at the time of the accident. If the trucking company is also at fault for the accident, it can share in the responsibility for all of the accident victim’s injuries and damages.
If the negligent truck driver is a repeat offender and has a bad track record for causing accidents or receiving citations, the trucking company may face liability for negligently hiring, retaining, or supervising the at-fault driver.
In some cases, a trucking company will allege that it had no control over the negligent truck driver, meaning that the negligent truck driver was an independent contractor, not an employee. Because employers are typically liable only for the negligent conduct of employees, a trucking company that successfully categorizes a truck driver as an independent contractor can avoid liability for an accident. However, it may be possible to show that the driver was actually an employee despite being labeled an independent contractor.
An experienced truck accident lawyers will investigate the crash, obtain vital evidence, and will build the strongest, most persuasive case possible on your behalf.