Retailers and Truck Accident Liability

TYLER, Texas. When truck drivers make mistakes and people get hurt, one of the big challenges involves determining liability. Who is responsible after a truck accident? Is it the driver? Is it the company hiring the driver? Is it the shipping company? Whose insurance should cover the accident? When many stakeholders are involved in a claim, sometimes responsible parties might try to pass on the responsibility or they may deny their responsibility. These questions can make car accident law exceedingly complex.

In California, port truck drivers have been fighting a long battle for fair wages and better working conditions. According to the Los Angeles Times, port truck drivers in California may have won part of the battle. Retailers who pay truck drivers to deliver freight through ports will now, under California law, be held liable for accidents that occur, if they use shipping companies that have not paid the judgements against them. The changed law is important because 90% of the drivers who ship to the port are classified as independent contractors. As independent contractors, the drivers could theoretically face liability for any accidents that occur while they are driving goods through the port. These drivers often make close to $20,000 a year and would not have the same money to cover losses that a bigger shipper or retailer would be able to cover. The new law protects drivers and makes the law clear about where negligence lies when an accident occurs.

In cases where truck drivers have been classified as independent contractors, sometimes drivers have hired lawyers and have sued their companies for compensation for their injuries. Many truck drivers who are classified as independent contractors do not have insurance coverage, unemployment benefits, or access to worker’s compensation. One way that the government is fighting back against truck companies is by publishing lists of truck companies that have yet to pay final judgements in disputes. If big retailers use these companies and an accident occurs, they could be jointly held liable along with the truck company. This creates a strong incentive for truck companies to follow the rules.

Drivers across all industries are often vulnerable workers. It is not just truck drivers who have been fighting back to receive full benefits as employees. Uber and Lyft drivers have also done the same. According to Trucking Info, drivers who feel they have been wrongfully denied wages due to misclassification sometimes seek damages from truck companies for these losses.

If you’ve been hurt in a truck accident, or if you are a truck driver and have been injured on the job, you may have many questions about your rights and options under the law. The Cooper Law Firm are truck accident lawyers in Tyler, Texas who work closely with victims and families who have suffered due to a truck accident. If you have questions about your rights after a crash, visit our firm at https://www.cooper-law-firm.com/ to learn more. You may be entitled to seek damages for your lost wages, medical expenses, and pain and suffering.

Cooper Law Firm
501 N Third St,

Longview, TX 75601

Telephone: (903) 297-0037