When a semi-truck leads to a wreck on one of the roadways in OKC, you will be dealing with corporate defense lawyers. One common way that trucking companies may attempt to dodge financial liability is by claiming the driver was an independent contractor, not an employee.
Employment status of the driver matters, as it will dictate which insurance is available, and what parties can be named in a claim or lawsuit. If a driver is employed by a trucking firm, the firm is generally held accountable for the driver’s actions. If the driver is listed as an independent contractor, the company may argue it has no legal responsibility for the crash. If you have concerns about whether a truck driver was an independent contractor vs an employee in a truck accident in Oklahoma City, our trial lawyers at Maples Harrison Zeaman PLLC can offer you the guidance and support needed in these cases.
Contact our Oklahoma City truck accident lawyers at (405) 705-5050 for a free, no obligation case evaluation.
How Does a Commercial Driver’s Employment Status Affect Your Case?
Understanding how a commercial driver’s status impacts your claim requires determining the driver’s actual working relationship with the trucking company.
In Oklahoma, commercial driver accident claims often rely on a legal doctrine called respondeat superior. This rule states that an employer is strictly liable for the negligent actions of its workers when a worker was performing job-related duties at the time of the accident. For example, if a regular driver who runs a red light on Northwest Expressway while making a company delivery, the employer is responsible for the damages caused by the accident.
The doctrine of respondeat superior does not apply to true independent contractors. Trucking companies know this fact. Many carriers intentionally use owner-operators and contractors to shield its corporate assets.
How Trucking Companies Use Misclassification to Avoid Liability
Simply signing a contract that says “Independent Contractor” is not enough to make it true, under both state and federal law. Courts and regulators look at the working relationship, not just the words on contract.
To determine the true status of a commercial driver, investigators look at several factors regarding the control the company has over the driver, including the following:
- Route and Schedule Control: Does the company dictate the driving route, delivery times, fuel stops, or does the driver truly have total independence?
- Equipment Ownership: Does the driver own the semi-truck, or does the trucking company lease the vehicle to them, but controls the maintenance schedule?
- Payment Structures: Is the driver paid per job as an independent business owner, or do they receive a regular paycheck based on hourly or mileage rates set by the carrier?
- Exclusivity: Is the driver not allowed to haul freight for any other shipping companies?
If a trucking company exercises a high level of control over a driver’s daily operations but has labeled them as an independent contractor, a semi-truck accident attorney can investigate to prove worker misclassification. Proving the driver was in effect, an employee opens the door to pursuing compensation through the trucking company’s multi-million-dollar commercial liability insurance policies.
Holding Carriers Accountable for Contractor Negligence
Even if a commercial driver is determined to be a legitimate independent contractor, the trucking company is not automatically free from liability. There are distinct legal avenues under Oklahoma trucking company liability laws to hold carriers accountable when they hire outside truck drivers, including the following:
Negligent Hiring and Retention
Trucking companies must vet the drivers they put on the road, regardless of the driver’s employment status. If a carrier hires an independent contractor with a history of driving under the influence, has multiple reckless driving violations, or a medical condition that disqualifies them from operating a commercial vehicle, the company can be sued for negligent hiring practices.
Federal Motor Carrier Safety Regulations
Federal transportation laws are designed to protect the public. Under FMCSA rules, any carrier operating a truck with a federal DOT number must ensure its vehicles and drivers comply with all safety standards as set by federal law. Leased independent contractors may be treated as statutory employees for safety compliance purposes. A trucking company cannot hide behind independent contractor status to escape a safety violation.
How Employment Status Affects Your Injury Claim
Uncovering the truth about a driver’s employment status affects the strategy and settlement amount you can seek in a claim or lawsuit. Truck drivers operating as true independent contractors often carry smaller, individual insurance policies that may be insufficient to pay the actual costs of catastrophic injuries, such as traumatic brain injuries, spinal cord injuries, or loss of life.
By conducting a thorough investigation into logbooks, fuel receipts, lease agreements, and corporate emails, our legal team may identify the links that will allow a trucking firm to be pulled into litigation. This may ensure that you have sufficient compensation to cover the astronomical costs associated with medical bills, lost wages, or living life with permanent disabilities.
FAQs Regarding Commercial Driver Status
Can a trucking company escape a lawsuit by claiming the driver was a contractor?
They may try, but it may not be the final word. If the company controlled the driver’s schedule, required them to use company equipment, or violated federal leasing regulations, the court may rule that the driver was an employee, and the company may be liable.
What evidence can prove that a driver was misclassified?
Critical evidence can include the carrier’s internal hiring files, dispatch logs revealing travel routes, truck lease-purchase agreements, payroll records, and corporate safety manuals outlining other forms of company control.
What if both the driver and the company are at fault?
Oklahoma law allows individuals to pursue claims against multiple parties. You can file a claim against the driver for negligent driving while simultaneously suing the trucking company for negligent vehicle maintenance, negligent hiring, or other failure.
The Legal Support You Need
Our legal team has experience on “the other side,” and is very well-versed in the tactics that can be employed to reduce payouts in high-value cases. Their industry insight has allowed them to achieve hundreds of millions of dollars in verdicts and settlements to date. The legal team operates with a “people-first” approach. They take on cases fully knowing these claims are about people, families, and justice, not just about money. They are driven to provide the level of legal support their clients deserve, and do not charge you for upfront legal costs.
If you were injured in a commercial vehicle collision in the Oklahoma City area, call Maples Harrison Zeaman PLLC today at (405) 705-5050, or fill out our online form to schedule your free, no-obligation case consultation.
