The majority of trucking companies classify their drivers as independent contractors instead of employees. Why does this matter? It completely changes who’s responsible when a semi-truck causes serious injuries or property damage. Companies love to hide behind this classification. They’ll tell you they’re not liable because the driver wasn’t technically their employee. But Indiana law doesn’t always see it that way. At Ward & Ward Personal Injury Lawyers, we’ve handled commercial truck accident cases across the state for years. We know every trick these companies use to avoid responsibility. And we know how to hold them accountable.
When Independent Contractor Status Doesn’t Protect Companies
What matters is the actual relationship between the company and the driver. If the company controls how drivers do their work, they might be treated as employees when it comes to liability. It’s about substance over labels.
Courts look at several factors to figure this out:
- Does the company set specific delivery schedules and routes?
- Are drivers required to use company-branded trucks?
- Does the company mandate where drivers fuel up or get maintenance?
- Is there direct supervision through GPS tracking or cameras?
- Does the company provide extensive training programs?
An Indiana Semi-Truck Accident Lawyer can dig into these details and determine whether you’ve got a case against the trucking company itself.
Negligent Hiring And Retention Claims
Companies must conduct reasonable background checks. They need to verify proper licensing. If they hire someone with a history of DUIs, suspended licenses, or previous serious crashes, they’re opening themselves up to liability. The same goes for keeping dangerous drivers on the road. Let’s say a company knows one of its contractors has racked up multiple safety violations. If they continue working with that driver and someone gets hurt, the company can be held responsible. They should’ve cut ties.
Vicarious Liability Under Indiana Law
Indiana recognizes something called apparent authority. It’s pretty straightforward. If a reasonable person would think the driver was acting on behalf of the company, the company can be liable. You’re driving down I-65, and a truck slams into you. The truck’s got a big company logo plastered across the side. The driver’s wearing a company uniform. Is it reasonable for you to assume that the driver works for that company? Absolutely. Companies will argue they had zero control over independent contractors. But if the truck looked like theirs and was hauling cargo under their authority, that argument doesn’t hold much water.
Federal Regulations And Carrier Responsibility
The Federal Motor Carrier Safety Administration doesn’t care much about employment classifications when it comes to safety. Motor carriers are responsible for making sure their drivers follow regulations. This applies to independent contractors, too.
Companies must verify several things. Drivers need valid commercial licenses. They’ve got to pass drug and alcohol tests. Hours of service rules aren’t optional. Neither are mandatory rest periods nor proper vehicle inspections. When companies fail to enforce these standards, they create liability for themselves. An Indiana Semi-Truck Accident Lawyer knows exactly how to investigate whether a company met its regulatory obligations or cut corners.
Non-Delegable Duties In Trucking Operations
Some responsibilities are so fundamental that companies can’t escape them by hiring contractors. Indiana law calls these non-delegable duties. When they’re violated, the company remains on the hook regardless of who was driving. Vehicle maintenance is a perfect example. Let’s say a truck’s brakes fail because nobody bothered to maintain them properly. That truck caused a serious accident. The company that owned or leased that truck may well be responsible, even if they didn’t employ the driver.
Insurance companies representing trucking firms have one move they make immediately. They wave the independent contractor agreement in your face and say their client isn’t responsible. Don’t buy it. These cases aren’t simple. They require thorough investigation and solid knowledge of both state and federal transportation law. If you’ve been injured in a collision with a commercial truck, you need to talk to someone who understands how these companies operate. Contact us to discuss what happened. We’ll review everything and explain whether the trucking company can be held accountable for your injuries. You shouldn’t have to face this alone.
