Blog Layout

Navigating Insurance Coverage Gaps for Independent Contractors in Commercial Trucking Accidents

July 18, 2023

As the commercial trucking industry evolves, more companies are using independent contractors instead of full-time employees. This shift, while cost-effective for the companies, introduces a new level of complexity in the event of a commercial trucking accident, particularly regarding insurance coverage.


Understanding Independent Contractors and Insurance Coverage Gaps


An independent contractor in the trucking industry is a driver who owns their truck and works under contract for trucking companies. These contractors are not considered employees of the trucking company, which can lead to potential gaps in insurance coverage following an accident.


Commercial trucking companies typically maintain substantial insurance policies to cover any accidents involving their employees. However, if an accident involves an independent contractor, the trucking company may argue that they are not liable, thus creating a coverage gap that could leave the victims uncompensated.


Importance of Legal Representation


Navigating these gaps can be a complex and daunting task, especially for those already dealing with the aftermath of a trucking accident. This is where an experienced attorney can be instrumental. 


Legal professionals can scrutinize the relationship between the trucking company and the independent contractor, looking for evidence of an employer-employee relationship. They may also review the contractor's own insurance policy, assess its adequacy, and determine whether other parties could be held liable.


The attorney's ultimate goal is to ensure that victims are not left without compensation due to legal technicalities. They will strive to uncover all potential sources of insurance coverage, regardless of the complexity presented by the involvement of an independent contractor.


What to Expect in the Legal Process


The legal process begins with a thorough investigation into the circumstances of the accident. This includes reviewing all relevant documentation, such as contracts and insurance policies, as well as gathering evidence from the accident scene.


Your attorney will then identify the potential defendants, which may include the independent contractor, the trucking company, and possibly others, depending on the specific circumstances of your case.


Next, your attorney will negotiate with the insurance companies involved, aiming to secure the highest possible compensation for you. If these negotiations do not yield a satisfactory result, your attorney will be prepared to take your case to court.


Finding the Top Personal Injury Lawyers in ATL


If you or a loved one have been involved in a commercial trucking accident with an independent contractor, understanding insurance coverage gaps is critical. To better navigate this intricate landscape, consider reaching out to a professional legal team. 


You can learn more about how experienced attorneys can assist you by visiting the "Lawyers" page of this website. Remember, the right legal guidance can make all the difference in securing the compensation you deserve, despite the complexities of insurance coverage gaps in commercial trucking accidents involving independent contractors.


By ATL Elite Lawyers August 20, 2024
ATL Elite Lawyers explain how surveillance footage in truck accident claims plays a significant role in determining liability and fault. Learn more, here
By ATL Elite Lawyers August 20, 2024
If you suspect a truck driver was under the influence and was the cause of your accident be sure to take these necessary steps to ensure justice is served.
By ATL Elite Lawyers August 20, 2024
A jackknife accident involves a situation where a truck’s trailer swings out from behind the cab. ATL Elite Lawyers help decipher who may be at fault in these specific instances.
Share by: