Swift Transportation is one of the largest trucking companies in the United States, with a nationwide transportation network. If you are injured in a truck accident involving a Swift truck, you should speak to an attorney right away. You may be entitled to compensation, and a lawyer can help you get it.
Truckers are often directly responsible for accidents, and their employers, the trucking companies (e.g., Swift), may be held vicariously liable for injuries and damages. However, if the trucker is not an employee of Swift but an independent contractor, vicarious liability might be off the table. Even so. There may be ways in which Swift can be held directly liable, and your attorney can help you.
Contact our Chicago truck accident attorneys for a free, confidential case analysis by calling the Rhatigan Law Offices at (312) 598-0014.
Can You Sue Swift Transportation After a Truck Collision in Illinois?
It is possible to sue Swift Transportation after a truck accident involving one of their drivers and trucks. The best legal strategy for the case will depend on how the accident occurred.
Vicarious Liability for Trucking Companies
When an employee negligently causes an accident and injuries while in furtherance of their normal job duties, their employer may be held vicariously liable for those injuries even if it was not directly involved.
As such, if the truck driver who caused the accident is an employee of Swift Transportation, Swift may be included in your lawsuit and held vicariously liable for your damages,
What if the Trucker is an Independent Contractor?
Vicarious liability applies only in cases involving employees, not independent contractors.
Even so, exceptions exist that may allow us to pursue claims for vicarious liability. For example, if the trucker working as an independent contractor is hired to perform “inherently dangerous activity,” vicarious liability may apply.
Transporting highly dangerous or toxic substances or chemicals may qualify as inherently dangerous, for example.
Misclassification of Independent Contractors
Sometimes, truckers are classified as independent contractors, but they are really treated as employees. If our Illinois truck accident lawyers can prove that the trucker in your case is really an employee, the court may apply the laws of vicarious liability.
Generally, employees’ work is controlled by their employer, including working hours, salary, trucking routes, and promotional opportunities. The more control Swift has over the trucker’s job, the more likely it is that they are an employee.
Can Swift Transportation Be Held Directly Liable for a Truck Crash?
Even if vicarious liability does not work in your case, there may be ways in which we can prove that Swift Transportation is directly responsible for the accident.
Negligent Hiring
Negligent hiring involves an employer failing to properly vet someone before hiring them. This goes for hiring employees and independent contractors.
For example, suppose Swift Transportation conducted a background check and learned that the truck driver had a history of accidents and DUIs. Next, suppose that Swift hired the trucker as an independent contractor, knowing that they had a dangerous driving history. In this case, we can argue that Swift is directly liable for negligent hiring.
Negligent Entrustment
We can argue that Swift should be held directly liable for negligent entrustment if it allowed the truck driver, whether an independent contractor or employee, to drive a Swift truck, knowing that they were unfit to do so.
The truck driver does not necessarily have to have a history of bad driving. Still, if Swift has a good reason to believe that, on the day of your accident, the trucker was unfit to drive but chose to allow them to drive, they can be held directly liable for the accident.
Swift Owns the Truck
A key consideration in your case is determining who owns the truck. If Swift Transportation owns the truck and hires an independent contractor to drive it, Swift may be held responsible for the accident because it owns the truck. Often, the truck’s owner is the primary target in a lawsuit.
How Do You Prove Your Claims in a Truck Accident Lawsuit Against Swift Transportation?
Proving your claims will be challenging, as Swift is likely to push back strongly. As such, we must gather the strongest evidence possible.
Security Camera Footage
A great place to start is with security cameras. Any security cameras or traffic cameras in the area near the crash may have recorded it, and the footage may show us exactly what happened and who is responsible.
We should also check with other drivers about dashcam footage, and the truck itself may be equipped with cameras.
Witness Testimony
Witnesses, including you, can also help us piece together what happened. Drivers in other vehicles, passengers, and even pedestrians may explain what they saw the day of the accident. The more witnesses we talk to, the better.
Records from the Defendant
Records about the truck driver and the truck itself may be crucial. We may need to know when the trucker was hired, whether they are classified as an employee or independent contractor, how their work is controlled or monitored, and the safety conditions of the truck.
Since the defendant controls these records, we may not have access to them until the discovery phase of the case, when the defendant must turn them over to us.
FAQs About Suing Swift Transportation for a Truck Accident in Illinois
Can You Sue Swift Transportation After a Truck Accident in Illinois?
You may sue Swift Transportation if they are involved in your truck accident. We may sue them if the trucker in the crash is a Swift employee, Swift owns the truck, or if Swift negligently hired the trucker or entrusted them when they obviously should not have.
Can You Sue Swift Transportation if the Truck Driver is an Independent Contractor?
Maybe. When the trucker is an independent contractor, Swift may not be held vicariously liable for the accident. However, the trucker might be misclassified and should be treated as an employee, making Swift vicariously liable.
Alternatively, we can find ways to hold Swift directly liable, such as by arguing for negligent hiring or entrustment.
How Do You Get Evidence from Swift Transportation to Support Your Lawsuit?
Evidence often comes from the accident scene, witnesses, nearby security or traffic cameras, and business records. If Swift controls any important evidence, such as evidence about the trucker and the truck, we can demand access to it during the discovery phase.
Can You Sue Someone Other Than Swift Transportation After a Truck Accident in Illinois?
If it is simply not possible or feasible to sue Swift Transportation after a truck accident, there may be various alternative defendants, depending on the circumstances. If other drivers contributed to the crash or were the primary cause, they should be named in a lawsuit.
We might also sue the trucker personally if they are an independent contractor and Swift cannot be held vicariously liable.
Ask Our Illinois Truck Accident Attorneys for Help with Your Claims
Contact our Aurora, IL truck accident attorneys for a free, confidential case analysis by calling the Rhatigan Law Offices at (312) 598-0014.
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