When determining fault and liability in a trucking accident injury claim often times trucking companies will claim they are not liable because the driver was an independent contractor. There are federal regulations that state whether the driver was an independent contractor or not, the driver works for the trucking company and the company is responsible for the conduct of that driver.
Many times, in these cases we are not only making a claim against the driver, but also a separate claim against the trucking company itself for their negligence in even hiring that driver, or their negligence in even retaining that driver despite behavioral or other concerns that came up while that driver was working for that company. We have brought direct claims against trucking companies for their failure to properly train or supervise that driver.
There is the conduct on the road at the time of the accident that the truck driver and company are liable for as well as conduct before the accident even occurred. And through the legal process we can often show that if a trucking company had done their jobs properly in training and supervising drivers or ensuring proper maintenance and inspection of the truck vehicle, we would not be dealing with the trucking accident today.
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