Indiana Trucking and Commercial Vehicle Accident Litigation Attorneys
Dedicated Indianapolis Attorneys Providing Representation in Vehicle Accident Litigation
Commercial trucking is one of the most integral parts of the United States economy. Hundreds of thousands of delivery vans and tractor trailers make their way from factories, warehouses, and distribution centers to retailers on our highways every single day.
This means that collisions with commercial vehicles are also fairly common. According to the United States Department of Transportation, approximately 500,000 accidents involving commercial vehicles occur on American roadways every year. Of these, 5,000 result in fatalities.
If you regularly hire drivers for your business, you might have been involved in a collision claim in the past. If not, there is a chance that you will be some time during the course of your career. It is important to understand the circumstances under which you may be held liable for a collision involving one of your company's drivers and what your rights and obligations are as an employer.
The experienced lawyers at Due Doyle Fanning & Alderfer, LLP provide skilled litigation in trucking and commercial vehicle accidents. We provide aggressive representation in matters where you or your company may be held liable for injuries sustained in a trucking or commercial vehicle collision. Our attorneys are experienced litigators and are not afraid to fight for you in court.
Company Employees vs. Independent Contractors
Your liability for a collision involving one of your company's drivers depends on whether the driver is a regular employee of yours or if he or she is an independent contractor. If the driver is an independent contractor, you are not responsible for any collisions involving him or her. The contractor holds his or her own insurance policy, and any claims that another party files against him or her go through this policy.
However, if the driver is an employee of your company, you are most likely liable for any damages in an accident that involves him or her. This is based on a legal principle known as “respondeat superior.” As long as your employee was acting within his or her scope of employment at the time of the collision, you are liable for the resulting damages.
But what constitutes his or her scope of employment? Basically, this includes any action that he or she performs that is in line with his or her job description, and part of the duties he or she was hired to perform. If the driver's actions were outside of the scope of his or her employment, you may be able to use this as a defense against any third party claim.
If you are facing a liability claim for an accident involving one of your employed drivers, discuss the details of the incident with your attorney to determine whether or not it occurred within the scope of his or her employment.
Trucking and Commercial Vehicle Accident Litigation Attorneys in Indianapolis
At Due Doyle Fanning & Alderfer, LLP, we advocate for business owners like you. We put our clients' needs first and will give your case the dedication and attention to detail it deserves. Contact us at 317-635-7700 to discuss your case with one of our firm's experienced Indiana insurance defense attorneys.