This month’s TRIAL Magazine discusses a tragic eighteen wheeler crash. What happened in that crash? Around 1:30 am, a large commercial truck slammed into the rear of a pickup truck on a rural stretch of western Interstate. The crash killed a young mother and one of her children. Another child was left severely injured. The evidence at trial in that case revealed the commercial truck never slowed or took any evasive action before slamming into the pickup truck.
That case raised significant questions involving issues of independent contractors as drivers, control over drivers and company safety programs. If you need a lawyer in a trucking injury case, you should find one who understands these issues. Why were these issues in that case? The company (a worldwide distribution company) hired drivers it called “contractors” or “independent contractors.” Yet, the company did not treat these drivers as independent contractors. Instead, the company controlled every detail of driver operations down to the details of how to park the truck. As many lawyers know, it’s not what the company calls its people, but rather, the realities of control. While the company controlled all aspects of driver operations, it had NO driver safety training requirements or programs. That’s a classic case of profits over people. If you put drivers on the highway and control their actions for your profit, you should also exercise some safety responsibility for them.
We drive alongside big trucks everyday on our highways. Many trucking companies and truckers care deeply about safety. But, not all of them do. Next time you see a company name or logo on the side of a large truck, ask yourself: Does that company have a REAL safety program to prevent needless injury?