It is common for major shipping companies to delegate their work to independent contractors. When the trucks operated by those contractors cause accidents, victims often feel their options are limited. But is that always true?
Not necessarily. Here is what you need to know.
How can you hold the shipping company liable?
Generally, under Georgia law, a shipping company is not responsible for the negligent acts of an independent contractor. Nevertheless, they may still be held liable for direct negligence if:
- They hired a contractor with a history of safety violations that they knew or should have known.
- They assigned an inherently hazardous task to an outside contractor.
If the shipping company controls the driver’s schedule, route or methods, an employer-employee relationship can be established, exposing them to liability.
Can you hold both of them responsible?
You are not necessarily forced to choose between the contractor and the hiring company. An accident could result due to negligence from both the contractor and the shipping company. You may pursue a legal action against both of them with the help of a legal attorney. It is important to note that the shipping company typically has significantly higher insurance limits than an individual contractor.
How a legal guide may help
Determining the fine line between an “independent contractor” and an “employee” often comes down to internal contracts and how much control the company actually exercised behind the scenes. This is not a task you should tackle alone while recovering from injuries. An experienced attorney can uncover these hidden details to ensure you hold every responsible party accountable for your damages.