The two most dangerous lines of work in our part of the country are either working construction or being a commercial truck driver. Read, What Is The Most Dangerous Job in Indiana and Illinois? When accidents happen on either a local construction site or in a semi-truck crash on one of our roadways, the likelihood is great that the worker on the job (as well as other accident victims) will suffer severe bodily injuries.
These worksite accidents are often catastrophic events. Sadly, for many victims their injuries will be fatal. See, How Great is the Danger of Workers Dying in Fatal Work Accidents in 2022? and Shocking New Fatal Crash Statistics: 52% Jump in Deadly Commercial Truck Crashes.
Laws Define Who Can Be Held Liable For Worker Accidents
State laws in Indiana and Illinois define the legal duties of employers to keep workers safe from on-the-job injuries. They likewise provide legal recompense for accident victims when an employer’s duties of care and safety are breached with people being hurt as a result.
However, in both construction site accidents and commercial truck crashes, the scope of legal liability and determining what companies and individuals can be held legally accountable is complex.
- For construction site accidents involving either residential or commercial construction, see our earlier discussion in Multiple Employers on the Construction Site: Who Is Liable For Construction Worker Accidents?
Legal Responsibility for a Commercial Semi-Truck Crash
Commercial trucks in Indiana and Illinois travel through our Crossroads of America as huge and heavy semi-trucks, big rigs, 18-wheelers, tanker-trucks, and tractor-trailers carrying all types of freight and cargo, from retail goods to food to hazardous materials. They are overseen by state regulatory agencies, with both Indiana and Illinois having state-approved OSHA plans. Commercial motor vehicle accidents are also regulated by the Federal Motor Carrier Safety Administration (“FMSCA”).
Truck Driver: Employee or Independent Contractor?
For those of us driving along the Borman Expressway alongside these big commercial vehicles, it is not easy to tell which rigs are being driven by truckers who are employed by a company as part of its fleet and which truck drivers are operating their own rigs as “owner-operators.”
Sometimes, logos on the side of a tractor-trailer may give a clue: “Wal-Mart” branding on a big rig usually means that the trucker is driving as an employee. However, “logo-liability” is not that easily determined. There are large companies that hire owner-operators to haul their brand-marked trailers with the trucker’s independently owned rig. (Whether or not the company is paying for gas; maintenance; etc. is another matter.)
When the truck driver is operating their own rig, then the law may find them to be an independent contractor (“IC”). In the event of an accident, companies may fight hard to hold the trucker to that independent contractor definition as a defense against their own financial liability. See, e.g., our discussion of the 2014 Wal-Mart truck crash involving a beloved comedian: Tracy Morgan Crash: Liability in a Big Rig Truck Crash Has No Fast Answer.
Why? If the court holds that the trucker was an IC, then the motor carrier will not be liable for damages in that accident whereas there would be clear financial responsibility if the truck driver was an employee driving a fleet vehicle. See 49 CFR §376.12.
Should the truck driver be legally held to be self-employed and an IC, then legal claims may be advanced against the truck driver’s liability insurance. If the trucker is held to be an employee, then the carrier’s insurance policy comes into play.
Factors In Determining Trucker as Employee or Independent Contractor
Aside from logo liability issues, there are other legal complexities involved in deciding if the truck driver in a severe truck accident was acting as an IC or as an employee of a company or carrier. Investigations into the particular case can bring forward facts that help to establish the carrier’s liability for the truck driver as an employee, such as:
- The truck driver does not control their workload (what they are hauling);
- The trucker does not get to decide the route to be taken;
- The truck driver does not decide when or how they are paid;
- The trucker does not pay for gas, oil, etc., used on the road;
- The trucker has a specific lease agreement with the carrier; and
- The truck driver’s job performance undergoes periodic evaluations by the carrier.
Motor Carrier Liability in Semi-Truck Crash
If the motor carrier is held to be responsible for the truck driver in a semi-truck crash, then the company can face legal liability as an employer. This includes taking responsibility for breaching duties of care and safety to make sure the driver was not fatigued; drunk or otherwise under the influence of chemicals; or driving while distracted. Liability can also be found for negligent hiring of the driver, and for failure to properly maintain or repair the truck or any aspect of it (e.g., tires, brakes, etc.).
Here, once the trucker is determined to be an employee, then the motor carrier will be liable for the accident damages if it is shown that the trucker was “acting within the scope of employment” at the time of the crash.
For more, read: The Two Main Differences Between Workers Compensation and Personal Injury Claims for Accident Victims in Indiana and Illinois.
Other Liable Parties: Maintenance, Repair, Manufacturer, Shipper, Supplier, Drivers
In a serious or deadly commercial truck accident, the accident victim will face a detailed investigation into the causes of the crash. There will be occasions where other parties are found to be responsible for what has occurred. These other parties who may have legal responsibility for damages resulting from the crash include:
- Any driver of a motor vehicle involved in the accident whose negligence contributed to the event;
- The company responsible for repair of the rig;
- The company responsible for maintenance of the rig;
- The company responsible for repair or maintenance of the trailer, tank, etc.;
- The manufacturer of the truck;
- The manufacturer of the trailer, tank, etc.;
- The manufacturer of the rig component that failed (e.g., blown tire);
- The company that awarded the shipping contract;
- The owner of the cargo or freight;
- The company responsible for packing or loading the shipment or cargo; and
- Any individual or company whose actions otherwise contributed to the accident (for instance, a land owner who failed to maintain property allowing for a blocked view at an intersection or those responsible for a flawed road design).
Seeking Justice After a Serious Commercial Truck Accident in Indiana or Illinois
For truckers, their loved ones, and others who are injured in a serious commercial truck accident here in Indiana or Illinois, there are avenues for justice available to them. Legal claims may be advanced against several different parties who are legally liable for damages sustained by victims in the crash.
State and federal laws and regulations may apply here. Usually, there will be a number of insurance carriers involved with experienced defense attorneys ready to argue against liability and to point the finger at others, or even at the victims themselves. These matters can be tragic in their consequences and infuriating in the way that those responsible will try and deflect admission of their own neglect and wrongdoing.
Workers’ compensation, wrongful death, negligence, defective design, product liability, respondeat superior, negligent hiring, and personal injury laws of Indiana and Illinois may provide truck crash victims with recompense that includes medical expenses, long term physical care, physical and psychological rehabilitation, lost wages, lost future earning capacity, pain and suffering, and more.
For more, read:
- Truck Cargo Loading and Unloading Accidents in Indiana and Illinois
- Dangerous Truck Parking Crisis: Truckers Demand Federal Action
- Overweight or Overloaded Semi Truck Accidents: Growing Danger of Fatal Crash
- Truckers Alliance Study: Truckers Should Take Hair Follicle Drug Tests to Get Impaired Truck Drivers Off the Road
- Haz Mat Semi-Truck Accidents in Indiana and Illinois: The Dangers of Hazardous Materials Being Hauled on our Roadways
- Blind Spots and Fatal Semi-Truck Accidents
- Fatal Truck Crashes and Semi Truck Brake Failures
- Different Types of Fatal Semi-Truck Accidents and Tractor-Trailer Crashes.
Here in the Crossroads of America, semi-truck crashes are a very significant danger to truck drivers, their families, and those sharing the roads with them. While there may be several companies who share legal liability, they may be anxious to avoid taking responsibility for what has happened no matter how obvious their contribution and fault. Please be careful out there!
