Who Is Liable if a Truck Driver Is an Independent Contractor?

While many truckers are employees of companies like Amazon and Walmart, there are also many truck drivers who are independent contractors. If you need to file a claim related to an accident involving a truck driver who is an independent contractor, it will be critical to ensure that you take appropriate legal action under the circumstances at hand.

So, what claim (or claims) should you file?

While you might not be able to sue the truck driver’s employer in this scenario, you may have a variety of other options for seeking compensation. Once you hire a truck accident lawyer to investigate, your lawyer will be able to determine which company (or companies) he or she can seek to hold liable on your behalf.

5 Potential Claims After an 18-Wheeler Accident Involving a Truck Driver Who is an Independent Contractor 

To be clear, every situation is unique, and the claim (or claims) you are eligible to file after a truck accident involving a truck driver who is an independent contractor will depend on the specific circumstances involved. With this in mind, depending on the circumstances of your case, your options may include:

1. The Truck Driver’s Insurance Company 

If the truck driver involved in your accident is an independent contractor, the truck driver should have liability insurance. This means that if the truck driver was at fault in the accident, you should be able to file a claim with the truck driver’s insurance company.

Truck drivers’ liability insurance policies cover all forms of negligence behind the wheel. For example, you may be able to file a claim with the truck driver’s insurance company if your accident was a result of:

• Distracted driving
• Drug-impaired driving
• Drunk driving
• Fatigued driving (or falling asleep behind the wheel)
• Merging or turning without looking
• Road rage
• Running a red light or stop sign
• Speeding
• Tailgating 
• Any other form of careless, reckless, or aggressive driving 

Truck drivers (and their insurance companies) can also be held liable for forms of negligence that are specific to truck driving. For example, if the truck driver slammed on the brakes, causing the truck to jackknife, this could also provide clear grounds for you to file a liability claim.

2. The Company that is Responsible for the Truck’s Cargo 

While truck driver negligence is to blame for most accidents involving 18-wheelers and other large commercial trucks, issues with the truck’s cargo can be to blame in some cases as well. If the company that is responsible for the truck’s cargo was negligent in overloading the truck or failing to properly secure its load, then this company could be liable for your accident-related losses.

3. Another Driver Involved in the Truck Accident 

When considering your legal options after a truck accident, it is important not to solely consider issues related to the truck. For example, if another driver forced the truck driver who was an independent contractor to swerve or slam on the brakes, this other driver’s insurance company could be liable for your losses instead of (or in addition to) the insurer or the truck driver who was an independent contractor.

4. A Vehicle or Component Manufacturer

Brake failures, tire blowouts, and other vehicle-related issues can cause (or contribute to causing) truck accidents as well. If you have a claim related to a vehicle or component defect—whether the defect affected the truck, your vehicle, or another driver’s vehicle—the manufacturer could be fully or partially responsible.

5. A Road Construction or Maintenance Contractor 

Likewise, vehicle-related issues can cause (or contribute to causing) truck accidents in some cases. If an issue with the road played a role in causing your truck accident, then the company that is responsible for building or maintaining the road could be liable for your losses under Arkansas law. 

Even these are just examples. Truck accidents can involve a wide range of issues, and identifying the specific issue (or issues) involved in your case will be critical for determining what claim (or claims) you can file. This makes it critical to promptly conduct a thorough investigation; and, to help maximize your chances of recovering just compensation, you should hire an experienced truck accident lawyer right away. 

Talk to a Truck Accident Lawyer in Rogers, Arkansas for FREE 

If you need to know more about your legal rights after an 18-wheeler accident involving a truck driver who was an independent contractor, we encourage you to contact us right away. Oliver Law Firm has built a reputation for excellence in handling these complex cases, and we may be able to help you, too.

Contact Oliver Law Firm today online or at (479) 202-5200 for a FREE case evaluation. We serve clients across Arkansas and throughout the United States from our office in Rogers, AR.