If you have been involved in a car accident where an employee driving a Swift Transportation truck was involved, you may be unsure of what to do in terms of receiving compensation for your injuries. You are dealing with two individual entities: the driver and the trucking company.
Which party is responsible when it comes to your injuries? We have asked attorney Alaina Sullivan, about what you should do. Here is what she had to say:
About Swift Transportation
Swift Transportation is a private transportation company in North America, employing approximately 5,000 owner-operator tractors, serving clients in retail, food, beverage, consumer products, automotive, manufacturing, and transportation and logistics. It was founded in 1966 and headquartered in Phoenix, Arizona.
Responsible Parties
Several different possibilities exist when it comes to trucking accidents and liability. Under the doctrine of respondent superior, the employer holds liability for the actions of the employee when the employee is performing one of their duties.
Therefore, if the truck driver is operating his or her vehicle while deliver freight for Swift and causes an accident, the company would be liable for the actions of their employee. However, it is for this reason that many trucking companies chose to use the services of independent contractors.
If the responsible party is an independent contractor, the driver and not the trucking company would be held responsible.
Independent Contractors
It is not a black and white situation when the driver is an independent contractor. Many factors are considered. The level of the driver’s independence is important. Does the driver have control and own the truck? Who maintains the driving logs and records?
If the driver is the one maintaining the insurance and not the trucking company, it may be determined that the driver is the responsible party and an independent contractor. However, if Swift is paying for the driver’s benefits, insurance, and otherwise maintains control over the driver, then the trucking company would be held responsible.
Recent Legal Troubles
In 2017, Swift faced a tough legal battle where the company tried to argue that their drivers were classified as independent contractors. Swift argued that the drivers had the freedom to choose to refuse loads or could take loads from other trucking companies. This freedom, they argued, made them more of independent contractors than employees.
The appeals court disagreed, ruling that the lease agreements Swift had their drivers sign made it so that the drivers “as a practical matter, had to drive for Swift.” The court stated that the company had total control over the drivers’ schedules, and this control made it an employer/employee relationship, thereby making Swift responsible for accidents caused by one of their drivers if those actions were within the scope of employment.
Actions Not Within Scope of Employment
However, limited circumstances do exist where the employee could be held individually liable and not Swift. If the employee is not acting within his or her duties of employment and an accident is caused then you could pursue damages against the employee.
For instance, if the employee is taking the truck on personal runs and gets into an accident while being reckless on his or her own time using Swift’s truck, you, as the injured party, could pursue damages against the driver.
Suing Both Parties
Nothing prevents you from adding both parties to a petition for personal injury damages. By choosing to sue the employer, you are not necessarily waiving the right to sue the employee. You are allowed to seek compensation from both parties if you choose.
Even if you add both parties to the personal injury petition, you can choose to settle with one party and continue to pursue litigation against the other. Keep in mind the odds of receiving payment from one party over the other. You are more likely to receive financial compensation from the party with deeper pockets, which would be Swift, rather than the individual driver.
Discuss the possibilities with an attorney before determining which way to go and whether to pursue damages from both or only one.
Contact an Attorney Today
If you have been involved in a car accident with a Swift truck and are unsure of how to proceed, it is always recommended you contact an attorney today to discuss your case if you do not currently have a lawyer or have any questions.
A licensed personal injury attorney will be able to evaluate your case and determine if you have a claim against the other party’s insurance company. To receive the compensation for your medical bills, property damages, and pain and suffering, you should speak with a personal injury attorney in your area today.
*Disclaimer: The content of this article serves only to provide information and should not be construed as legal advice. If you file a claim against a Swift Corporation or another party, you may not be entitled to any compensation.
