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Who is Liable for Accidents Involving Commercial Vehicles Driven by Independent Contractors in Texas?
Commercial vehicles keep America’s lifeblood flowing. Whether they’re delivering food and groceries, vehicles, technology, or something else, our country couldn’t function without commercial vehicles transporting goods and performing services. While these vehicles and those driving them provide a valuable service, they may also be a roadway hazard. Many commercial vehicles are large trucks. In one recent year, nearly half a million accidents involving large trucks on American roadways occurred. About one-quarter of those accidents involved a serious injury.
Most people will be involved in some kind of traffic accident during their lives. By some estimates, the average driver will get into at least four accidents throughout their lives, or one every eighteen years. In most cases, these accidents involve the driver of another private vehicle. Most people know how to navigate the aftermath of one of these wrecks: call the police and exchange insurance information.
The process may not be so simple if a wreck involves a commercial vehicle. If you or a loved one has been involved in a wreck with a commercial vehicle, it may be more challenging to get compensation. This is especially true if the driver is an independent contractor. This is why if you have been involved in a wreck with a commercial vehicle, you must consult an experienced personal injury attorney.
What is an Independent Commercial Vehicle Driver in Texas?
Many commercial vehicle drivers are independent contractors. This means they are not employed full-time by the company for which they transport goods or perform services. An independent contractor owns their own vehicle and is responsible for its upkeep and maintenance. Independent contractors take individual jobs with companies before moving on to other assignments. In many cases, an independent contractor may work with a trucking company. Trucking companies find jobs for independent contractors and pair them with companies needing their services.
Some independent contractors may work steadily with one business, but this business does not employ them. The business hires independent contractors on a contract or as-needed basis and pays them per job. For independent contractors, this has several benefits, including scheduling flexibility, higher earning potential, owning their vehicle, and making their own business decisions.
While independent contractors may take assignments working for a company, that company is not necessarily responsible for the actions of the driver while on assignment. In most cases, an independent contractor is presumed to be their own employer and accountable for their own actions while doing a job. This includes if they get into an accident over the course of their duty.
What Happens if I Get in an Accident with an Independent Contractor Driving a Commercial Vehicle?
If you get into an accident with a commercial vehicle driven by an independent contractor, it is generally considered the responsibility of the driver and not the company. Independent contractors are expected to drive responsibly and carry insurance that will protect them in the event of an accident. It is generally assumed that companies have hired drivers in good faith after vetting their credentials and suitability for a job. This means a driver is usually held responsible for their own actions.
This is not necessarily always the case, though. If you have been involved in an accident with a commercial vehicle driven by an independent contractor, there are situations where the company they are driving for may be held responsible. This is true if the company was negligent or created dangerous conditions that led to the accident. This may include, but is not necessarily limited to:
- Not Properly Vetting a Driver
- Knowingly Hiring an Unsafe Driver
- Pressuring a Driver to Work Despite Unsafe Conditions
- Not Observing Safety Regulations
It may be possible to file a lawsuit against a trucking company. This is especially true if the company engaged in or encouraged unsafe behavior or practices. Examples can include not keeping safety inspections up to date, a pattern of pressuring drivers to drive more than is safe or legal, overloading trucks, or encouraging dangerous behavior in drivers, such as taking performance-enhancing substances.
If you have been injured in an accident involving an independent contractor driving a commercial vehicle, who you can seek compensation from will depend on various factors. This is why it’s vital to consult an experienced personal injury attorney. An accident attorney will be able to review a case’s facts and determine which parties you can pursue for compensation.
What Should I Do if I’m in a Car Crash with a Commercial Vehicle Driven by an Independent Contractor?
Accidents involving commercial vehicles driven by independent contractors can be much more complex than “regular” accidents. Whose insurance company you can seek compensation from and who can be held responsible will vary depending on various factors. There is no single approach to an accident involving a commercial vehicle and an independent contractor.
How someone will proceed legally differs with every case. This is why it’s key to have an experienced personal injury attorney on your side. If you or a loved one has been in an accident with a commercial vehicle driven by an independent contractor, don’t hesitate to contact the Law Office of Raul A. Guajardo, P.L.L.C., located at 706 E University Dr., Edinburg, TX 78539.
The attorneys of the Law Office of Raul A. Guajardo, P.L.L.C., are highly experienced in all manner of commercial vehicle crashes. They will be able to review all the facts of your unique case and help you determine the best course of legal action. They will be able to figure out who is legally responsible for your accident and help you hold them accountable, whether that’s the driver of the vehicle, a trucking company, or someone else.
The aftermath of an accident is always tricky to navigate. The aftermath of a wreck with a commercial vehicle can be even more frightening and confusing. With the attorneys of the Law Office of Raul A. Guajardo, P.L.L.C., on your side, there’s no need to worry. If you’ve been in a wreck with a commercial vehicle driven by an independent contractor, call the Law Office of Raul A. Guajardo, P.L.L.C., at 956-318-3200 or email them for a consultation.
