Those Independent Contractors Still Work for the Carrier
You’re in a wreck with a big rig. Within hours of the wreck, the trucking company is going on the record stating the driver was an “independent contractor” as they seek to distance themselves from the liability. They aren’t worried about your injuries, what happened, and not because they want the driver to be a financially successful small business owner.
They’re building a legal wall between the trucking company, and the damage they helped create.
Today the Car Crash Captain is looking at this muddled term, and how that applies to victims of truck wrecks in the Dallas, Texas area. Let’s explore how a driver that’s an independent contractor is still under the guidance of the company that has hired him.
Trucking Companies Seek Control without Accountability
Essentially, here’s what’s happening. The company dispatches the loads, sets delivery deadlines, enforces safety rules, monitors their drivers, requires compliance with company policies, and sometimes even controls uniforms, appearance, and communication. Then, if the driver is involved in a crash, they wipe their hands and claim, “That’s not our driver, he’s an independent contractor!”
That’s where things get a little confusing. Because on paper the driver certainly is an independent contractor. But in the real world, the company is still giving instructions, telling the driver how to act, and not really allowing for independence. In the real world, they’re still operating under the carrier’s authority.
This issue has come up so often that the Federal Motor Carrier Safety Administration (FMCSA) even has it in their FAQs clearing up questions about financial responsibility and driver qualifications saying leased drivers (independent contractors) are still the responsibility of the carrier that hired them.
The bottom line: if the company controls the work, profits from the work, has their DOT number on the truck, then pretending the driver is “totally independent” sounds like quite the stretch.
Federal Regulations have Dispelled the “Not Our Driver” Defense
The FMCSA is in place to oversee the movement of commercial goods. They’ve been around since the year 2000, and in the last quarter century they’ve seen a thing or two. Including all the excuses carriers come up with to weasel out of their responsibilities.
They even have extensive documentation talking about leasing drivers which very clearly shows the carriers maintain operational obligations under the FMCSA rules. In other words, the carrier is responsible.
Trucking companies love the word “independent” thinking it’s separating the responsibility… right up until it’s time to collect the money for the load. Then, suddenly, they’re all connected again.
After a Serious Wreck, The Real Fight is About Responsibility
The trucking companies will move fast after a wreck and carefully craft their defense to shift responsibility away from themselves. They’ll do everything they can to create distance between their company and the driver; including throwing up this “independent contractor” defense that they know won’t hold any weight.
What they’re counting on is that you don’t know your rights, the laws of commercial vehicles on the road, and they’re hoping you’re legally confused on what you can actually do.
But Herbert Law Group knows what to do. From our offices in Richardson, Texas, we have helped victims find justice after being injured in a truck wreck. We know the laws, regulations, and how to counter those excuses.
If you’ve been injured, or a loved one was killed, in a truck wreck in Texas, we need to talk about how you can get the compensation you deserve. Call our offices at 214-414-3808, or fill out the contact form on our site, and we’ll have a free initial consultation as we develop a plan for justice.