Who is responsible for the actions of a truck driver?
The trucking company whose DOT authority is being used to transport the load or dispatch the driver is always responsible for the driver's conduct, even if the driver is an independent contractor.
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From the video: - There are two types of truck drivers, company drivers and owner operators. The trucking company whose DOT authority is being used to transport the load or dispatch the driver is always responsible for the conduct of the driver, even if the driver is an independent contractor. When the driver is an actual employee of the trucking company, sometimes referred to as a "company driver," the company's liability is governed by a state common law theories of agency. If the driver is an owner operator and is therefore an independent contractor, leased to the trucking company, the trucking company is still considered to be the statutory employer of the driver because federal regulations require the trucking company that leases a vehicle and a driver, to have exclusive possession, control and use of the leased vehicle. The current lease provisions in the federal regulations require an interstate contractor that leases a vehicle to make the arrangement in writing, signed by the parties, specifying the duration and the compensation to be paid by the carrier, carry a copy of the arrangement in each motor vehicle to which it applies during the period of the arrangement, inspect the motor vehicle and obtain liability and cargo insurance on it, and finally, have control of and be responsible for operating the vehicle in compliance with the federal regulations and any other applicable laws. Now although federal regulations require a written lease, the failure to have a written lease does not absolve a trucking company from liability if an oral lease exists. Now there may be multiple companies that are deemed to be leasing the vehicle at the same time. Adjusters and defense, they will... They're gonna try to claim that the driver was an independent contractor or that the trucking company is not responsible for the actions of the driver. The trucking company is always on the hook for the actions of the driver. the lovely law firm wrongful death 18 wheeler accident attorney 18 wheeler accident lawyer truck accident lawyer
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