Many personal injury lawyers treat truck wreck cases as if they were simply big car wreck cases; and in so doing, they miss unique opportunities to maximize results for their clients. The focus of my practice is handling truck crash cases in Georgia and around the country (I have handled cases in over 25 States), usually on referral from, or in a co-counsel arrangement with, other personal injury lawyers. In this process, I have worked with many great lawyers and have learned a tremendous amount about how to best handle truck crash cases. I've developed a few tips that will help personal injury lawyers maximize recoveries in truck collision cases.
Tip#5 - The “Independent Contractor” Defense
I am often called by plaintiff lawyers to help them in cases where the defense is asserting that a particular trucking company is not liable because the truck driver who was in the wreck was an independent contractor. We lawyers are trained that as a general rule a company is not liable for the negligent acts of an independent contractor (but are responsible for negligent actions of an employee). So, when we hear this defense, we tend to accept it.
The trucking regulations once again create a different rule for drivers of commercial motor vehicles. 49 CFR 390.5 defines “employee” expressly to include “an independent contractor while in the course of operating a commercial motor vehicle.” So, in the vast majority of times when this defense is raised in a trucking context, the defense is bogus. Be on the lookout.
I've battled some of the most powerful trucking companies to obtain justice for victims of catastrophic injuries or wrongful death. As a former police officer, I rely on my investigative and forensic skills in combination with cutting-edge work in psychodrama and communication theories to find the truth behind every case. I'm a board member of the Association of Plaintiff Interstate Trucking Lawyers of America, and I was the first lawyer in Georgia certified by APITL America as a specialist in handling truck accident cases. I'm also an officer in the Interstate Trucking Litigation Group (ITLG) and founding member of the Truck Accident Attorneys Roundtable.
Content by Joe Fried mylawyerjoe@gmail.com