Author: Anthony Proffitt

Distracted motorists are a growing concern for Knoxville truckers. Many people assume that trucks operate like passenger cars. They do not realize that these vehicles take much more work and time to operate. Sudden reductions in speed and stops often prove catastrophic. Commercial vehicles carry heavy loads and are at risk of colliding with motorists and falling over. Truck accidents are not always the fault of the operators. Sometimes, it is the motorists who are to blame. 

The upcoming solar eclipse has the trucking industry on edge. The roads are expected to be more congested than usual during the event, increasing the risk of truck accidents. Many motorists who are on the roads when it occurs may become distracted and drive erratically, too slowly and without concern for other drivers and trucker operators who are on the roads with them. Truck drivers may also become distracted. In anticipation of the event, many companies are warning their commercial rig operators to be extra diligent and cautious while driving. 

Distractions that result in less attention on the roads can lead to fatal truck and car accidents. Drivers have less time to recognize and react to dangers. They also have less time to maneuver their vehicles safely to avoid crashing. 

Dealing with the aftermath of a truck accident can be a challenge, especially when serious injuries and death are involved. Many people find it beneficial to speak with an attorney about their situations. 

Source: Local8now.com, “Truck drivers concerned for eclipse traffic,” David Ball, Aug 10, 2017

The mere thought of being involved in a collision with a truck while driving on the roads in Knoxville is frightening. When you think about how large trucks are, the weight of the loads they carry, speed and other factors, the fact that you are still alive after such an ordeal is amazing. Because of the accident, you may find yourself stressing about how you will pay your medical expenses, household bills and other financial obligations since your injuries are so severe that you cannot return to work. You may also be wondering who you can sue for compensation to help lighten the financial burden and stress you are under. 

Here is a brief overview of the different parties you may be able to file a personal injury claim against. 

The evidence determines fault

There are many factors that can have an impact on who is at fault in a truck accident. According to FindLaw, “the laws governing truckers and their conduct can be used to establish fault.” Truckers who violate them and engage in careless, reckless and other behaviors that result in accidents and injuries are liable. If the accident was the result of commercial equipment failure, negligent maintenance or other issues, you might also be able to sue the company the trucker works for, the manufacturer of their vehicle and other affiliated parties. 

Proving fault in a truck accident is not always easy. Careful consideration is given to all witness and police statements, pictures and videos of the scene and damages, medical documentation on your injuries, forensic information and other pieces of evidence. There are also requirements that are necessary to establish fault and prove your claim.

In Tennessee, the so-called ABC test is utilized for determining whether a worker is an independent contractor or employee, according to the Tennessee Department of Labor and Workforce Development. Every employer needs to know the appropriate classificatio of its workers. When they hire independent contractors, employers are usually able to reduce their expenses and taxes, and avoid liability and compliance with certain federal programs. However, the test for determining whether a worker should be classified as an employee or an independent contractor is not one of mere labelling but rather one that requires an analysis of the actual relationship between the parties, especially the degree of control exercised by the employer, as well as the manner in which services are performed.

In the trucking industry, carriers often employ drivers as independent contractors though the relationship between the parties may be better characterized as employer and employee, according to a report by Trucks.com International. For carriers, whether they purposefully treat employees as independent contractors or do so by mistake, they open themselves up to liability for past wages. But liability for wages is not the only increased risk carriers face.

When carriers control practically every aspect of drivers’ work, from schedules, to maintenance, to routes, to equipment, they are more likely to be functioning in an employer-employee relationship even though their contract with the driver is labeled something like “Independent Contractor Agreement.”

As employers, carriers assume much more risk because they can be vicariously liable for the negligent acts of drivers. Such liability they usually hope to avoid by entering into a personal services contract with an independent contractor. However, when a driver is acting in the course of employment as dictated by the carrier, on a route designated by the carrier, through the use of a vehicle maintained by the carrier, for a purpose determined by the carrier, the driver is probably an employee regardless of the stated relationship. If such a driver causes an accident resulting in damage to person or property, the carrier is more likely to be on the hook for the losses incurred because the driver is more likely to be found an employee not an independent contractor.

Say that you are traveling along one of the roads in or around Knoxville, and you are suddenly struck by a large semi-truck. You or your passengers, and given the massive size of the vehicle that struck you, there is likely significant damage to your own car. Suddenly, you are looking at medical expenses and repair costs which could easily exceed your auto insurance coverage limits. You may be left with little choice but to seek compensation. The question is who is responsible: the truck driver or the company he or she works for?

If he or she states that he or she is an independent contractor, you have your answer: liability lies solely with the driver. The same is true if the driver was off duty and was driving around looking for a bite to eat or a place to rest after having completed a route. In such a scenario, it may be difficult to argue that he or she was acting as an agent of his or her employer.

There is a legal concept that does allow vicarious liability to be assigned in such accidents, however. It is known as “respondeat superior.” According to the Legal Information Institute, states that an employer can be held liable for the actions of an employee that are done during the execution of his or her job responsibilities. Revisiting your truck accident, if the trucker was in the course of completing a delivery, such action qualifies as fulfilling this duties of his or her employment. Thus, in this situation, you may be able to hold his or her carrier responsible. Primary responsibility may still reside with the trucker, yet at least you know there is another potential source of compensation for you to pursue.