Louisville, KY- Because so many factors are at play with a truck accident, so sometimes it is difficult to pinpoint which parties are responsible for a crash. That makes it difficult for truck accident victims to recover the amount of compensation they deserve. When it comes to recovering the maximum settlement amount, you need to know if a trucking company is in any way responsible for your collision and hold them accountable.
If you were hurt in a Louisville truck accident, USAttorneys recommends you speak with an expert in such matters. We have a team of experienced and gifted truck accident lawyers in Louisville to work on your personal injury or wrongful death claim.
The first step in determining if a trucking company is responsible for your accident is to figure out whether a driver is an employee or an independent contractor. A trucking company will rely on owner-operators and self-employed truckers. By doing so, a trucking company can avoid offering benefits and keep their costs low. They can also save because they are not liable for the negligent or wrongful actions of an independent contractor.
An independent contractor works on their own schedule with as little interference or direction from an employer. To determine if a truck driver is an employee or an independent contractor or an employee, your Louisville counsel will look to see if a trucking company dictates how they carry out their duties or controls how they do their jobs. A truck driver would be considered an independent contractor if they get paid per job, are responsible for covering their truck insurance premiums and don’t have taxes deducted from their pay. Simply put, a driver is an independent operator if a trucking company has no control over them other than where to pick up and when to deliver their cargo.A trucking company will do what is necessary to distance themselves from a truck driver’s actions to minimize their financial liability.
If a truck accident is the responsibility of an independent contractor, you will have to recover any compensation you are entitled to from them and their insurer. You can simply settle your case with the help of an insurance claims attorney if you prefer.
If it turns out that a truck driver is an employee of a trucking company, you need to figure out if a trucking company was wholly or partially responsible for your injuries. A trucking company in liable for a driver’s actions and any accidents they cause if they occurred within the scope of their employment. That is determined by looking at several factors including the job an employee was hired to do, the amount of independence an employee is given to perform their duties, and place of a truck driver’s employment. A trucking company is responsible for the injuries and property damage caused by a truck collision if it occurred while a truck driver was on-duty and was within the scope of their duties. So, if a truck driver is using a truck to run a personal errand, a trucking company is not liable.
After an accident, you can count on a trucking company taking whatever steps they can to reduce their liability which is why you need to take action to protect your interests. That means you need to hire a truck accident lawyer in Louisville, Kentucky to work on your case. USAttorneys can refer you to a talented local attorney to help recover compensation from a negligent trucking company.