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If you have been injured in a truck accident with OnTrac, you have the right to pursue compensation for your economic and non-economic losses resulting from the accident. However, the laws and theories of liability for truck accidents are different from those involving private passenger vehicles. For example, you may be able to hold multiple parties responsible for your injuries.
Hiring an experienced truck accident attorney is the first step in making a full financial recovery after an accident with an OnTrac delivery truck driver. You may be able to recover compensation from the truck company, the truck manufacturer, the driver, and other related parties depending on the facts of your case.
But even if the driver was clearly at fault, the legal status of OnTrac's drivers could serve to protect the company from liability for any injuries or deaths that its drivers cause. An San Diego truck accident attorney can evaluate your case and uncover all potential sources of recovery.
What Makes OnTrac Different?
The most significant difference between OnTrac and other commercial transport companies is that OnTrac does not own the trucks or employ the drivers. Although these drivers and their vehicles display the OnTrac logo, each individual driver is consider an independent contractor, or 1099 contractor. In essence, each driver owns and operates their own independent transportation company.
Classifying its workers in this manner distances OnTrac from assuming liability if one of their drivers causes a wreck. A business is generally not responsible for the careless acts of its contractors in the way they would be for their employees. Fortunately, given how the law evaluates working relationships, there's a strong case to be made that OnTrac's drivers should be considered employees, meaning their employer would share responsibility for any negligent acts.
Hiring A San Diego Truck Accident Attorney
Depending on how a judge classifies the driver, your compensation - and who you recover from - could vary dramatically. Determining who is ultimately at fault for your injuries could be a significant issue, as using a personal vehicle for commercial purposes is often accepted as grounds for voiding any personal vehicle insurance. Unless an OnTrac driver has purchased additional insurance that covers them for commercial use of the vehicle, this could mean that the driver may not have significant assets to recover from.
Improper classification of drivers as contractors, and its implications for holding a company accountable for damages, is just one of the many factors that could potentially affect the success or failure of your claim. Working with an attorney who understands the obstacles to overcome will put you in the best position to secure compensation for any damages or injuries you have suffered. Due to the intricacies of OnTrac’s employment classifications, and its substantial legal resources, we do not recommend submitting a claim without first consulting an attorney.
We’re ready to help you begin working towards the settlement you desire. Please contact our office for a consultation so we can learn more about your claim.
