Trucking companies as logistic brokers for the delivery of goods will hire independent drivers to cart their goods from state to state. When the driver causes a crash, the trucking company has tried to avoid liability claiming the driver is an independent contrary. Despite these efforts, a logistics carrier who carrying goods for compensation, cannot delegate away its legal duty under the Motor Carrier Act to an independent contractor to safely operate vehicles on public highways. Vargas v. FMI, Inc., (2015) 233 Cal.App.4th 638. The non-delegable duties doctrine prevents a party that owes a duty to others from evading responsibility by claim to have delegated that duty to an independent contractor hired to do the work. SeaBright Ins. Co. v. US Airways, Inc. (2011) 52 Cal.4th 590, 600-601.
Highway trucking companies cannot insulate themselves from liability for negligence in the conduct of their business by engaging independent contractors to transport freight for them. In order to protect the public from financially irresponsible contractors, and to strengthen safety regulations, it is necessary to treat the trucking company’s duties as non-delegable.
The Federal Motor Carrier Safety Act enumerates requirements that the truck company assume complete responsibility for operating the equipment during the trip, and that the truck company is prohibited from delegating responsibility for operating motor vehicles to independent contractors. In fact, it requires a motor carrier transporting property to obtain public liability insurance or other proof of financial responsibility sufficient to pay for injuries caused to third parties in the public.
Although a trucking company may allow for an independent driver to carry its load, the company retains ultimate responsibility for the vehicle’s safe operation. If an collision occurs, these trucking companies must be ultimately responsible for satisfying a judgment for bodily injury or death to any individual caused by the negligent operation, maintenance, or use of motor vehicles.
Consistent with a strong public policy of holding entities financially accountable, effective representation by a skilled plaintiff’s lawyer will have to overcome the frequently debated “independent contractor” defense where the truck company throws the driver under the bus. In the absence of holding the company liable, the injured victim is likely limited in their recovery against a solo truck driver with presumed small insurance limits. Understanding the path to recovery against all truck companies in the chain of distribution is critical to maximize available compensation for truck injury victims with a host of prolonged and expensive medical care needs and support. Call The Injury Law Firm to see how we can help.