Can I Sue the Trucking Company for My Accident?

The attorneys at Silverman, McDonald & Friedman protect the people of Delaware when they’re injured in an accident. Schedule a free initial consultation in our Wilmington, Newark or Seaford office today.

The Diamond State has a thriving trucking industry, with the I-95 corridor and other major highways and byways in the area. Of course, that means more truck traffic on our roads and, unfortunately, a statistically higher chance of being involved in a truck accident. And, as we know, accidents with 18-wheelers can be catastrophic and tragic for drivers and passengers of smaller vehicles.

If you are unfortunately injured in a tractor-trailer accident that wasn’t your fault, you may wonder who exactly is liable for your injuries. With truck accidents, liability can get murky, and everyone involved will do their best to prove that they shouldn’t be held responsible.

Here’s when a trucking company can and can’t be held responsible for the accident and your injuries and damages.

Determining liability in a truck accident

Truck accidents tend to work a bit differently than car accidents. Under the law, employers are typically responsible for their employees’ behavior and actions if they occur under the scope of their job duties. So, it would stand to reason that if you suffer injury in an accident due to a trucker’s reckless driving, the trucking company would be responsible. However, it’s not always that simple.

Not all truck drivers are necessarily employees of the companies for which they drive; many are independent contractors. In cases of independent contractors, you can’t sue the trucking company. So, the first step in bringing a case in a trucking accident would be to determine if the negligent driver is an employee or independent contractor.

What’s the difference?

Employees vs. independent contractors

In general, courts look at a variety of factors when determining whether drivers should be considered employees or independent contractors, including if they:

• Set their own hours
• Use company equipment
• Can refuse assignment
• Wear a uniform
• Work for other customers/companies

Was the truck driver within scope of employment?

If the truck driver caused an accident while under employment with the trucking company, the company could be held responsible for your injuries and damages. Courts typically use the following factors when determining whether or not a person is working under scope of employment:

• If the accident occurred during the driver’s typical working hours
• If the task benefitted the employer
• The amount of freedom given to the driver
• The duration and extent of any personal activity
• The driver’s intent

Think of “scope of employment” like this: If a truck driver gets into an accident while on a scheduled delivery run, the company may be liable for any injuries or damages, as the driver was acting within the scope of employment. However, if the driver was running a personal errand at the time of the accident, the trucking company might argue that they are not liable, as the driver was acting outside of the scope of employment.

Remember that other entities may hold some responsibility for truck accidents, like vehicle and parts manufacturers, warehouse loaders, and maintenance.

After an accident with a careless truck driver, many trucking companies and their insurers will try to tell you that their drivers are independent contractors and not employees, in an effort to avoid liability. If an insurance company denies your claim after a truck accident, talk to a personal injury attorney as soon as you can.

The attorneys at Silverman, McDonald & Friedman are here for you when you’ve been injured in a Delaware truck accident. We go up against the insurance and trucking companies to fight for full compensation for your injuries and damages. Our experienced lawyers have offices in the Wilmington, Seaford, and Newark areas. Call 302-888-2900 or fill out our contact form today.