Tractor Trailer Injury

Semi and Tractor Trailer Truck Accidents

Semi and tractor-trailer trucks are some of the biggest moving machines on the road today. This poses imminent threats to surrounding drivers when not operated correctly. Tractor trailer injury cases involve major injuries and wrongful death.
More than 2 million trucks are on the road today with 500,000 accidents per year. Truck drivers have a duty to keep other drivers safe whilst operating these vehicles. Unfortunately, this is not always the case.
Sometimes, truck drivers are independent contractors. Thus, not considered employees of the companies they drive for. This causes complications when a collision occurs.

The Exception

When truck drivers are independent contractors, the law might see them as employees. A driver might be an employee if the company that hires the driver controls aspects of their work. The law considers independent contractors employees while company-controlled.
This provides legal leverage in the occurrence of a collision. And, it actually helps people hurt by independent truck drivers. Independent contractors do not carry extensive liability coverage as do large companies. The independent contractor and employer can be responsible for any injuries that occur.

A Landmark Case

The relatives of a trailer truck driver killed by another large truck won a landmark case. A jury awarded the estate of the deceased driver $18.6 million.
Dung Nguyen was responsible for the collision. He fell asleep while driving at night. Then, when he awoke he attempted an illegal u-turn on the highway. The other truck driver did not see the tractor-trailer across his lanes of travel.
The jury also found C.H. Robinson Worldwide responsible in the crash. The decedent’s lawyers found C.H. Robinson controlled Nguyen’s work and schedule. Nguyen was not an independent contractor but an employee.
Attorney Christopher M. Norem said, “This is a significant finding because C.H. Robinson Worldwide is one of the largest freight transportation services companies and third-party logistics providers in North America. They are putting thousands of supposed ‘independent contractor’ drivers like Dung Nguyen on our highways every day. Controlling all of their conduct. And when one of them negligently kills someone they immediately claim they are ‘independent contractors’ so they have no legal responsibility for them. The jury strongly rejected this claim by entering this verdict.”

Independent Contractor Loopholes

Companies, like C.H. Robinson, use independent contractors for various reasons. But when a company controls work hours, equipment, and more, the law sees these folks as employees.

Tractor Trailer Negligence

It is the responsibility of truck drivers and their employers to operate safely. Their duty is to eliminate the possibility of a collision and injury to others. Where there is negligence, accidents occur.

We Can Help

Our lawyers at Kane & Silverman understand the complexity of motor vehicle accidents involving tractor-trailer trucks. Our trained staff provides legal help for innocent parties injured by negligence.