A piece of metal debree flew off the back of a truck and damaged my vehicle. How do I proceed on recovering for damages?

Question:  A piece of metal flew off a truck in front of me in traffic and smashed into my windshield.  Luckily, no one in the car was hurt, but I had to pay nearly $1,500 out of pocket to get it fixed.  The truck driver kept going (I'm not sure he knew that the piece came off), but I did manage to get a license plate, and the truck's registered to a scrap heap operator.   The company owner says it's not his problem as his regular driver was off, and the driver working that day isn't one of his regulars, just a temp.  I simply want to recoup the money I had to pay out, but I need to know who to go after – the driver or the truck owner.

Response: In the past, some carriers tried to limit their liability for any accidents involving their trucks by arguing that their drivers were independent contractors.  Sometimes, the carriers would lease the trucks and drivers, placing placards with their company logo and information on the truck, and then claim that any accident involving either the truck or driver was not their fault.  Fortunately, federal laws have basically put an end to this type of defense.  Under current law, any accident involved with a truck that carries the name of a company is the ultimate liability of the company's owner or operator, no matter if the driver is an employee or an independent contractor, and no matter what contract exists between the two.  Therefore, in your case, the owner is wrong in his belief that he is not liable.  Consult with a truck accident lawyer to determine all of your rights arising from this accident.  You can also check federal regulations for companies and drivers at the Federal Motor Carrier Safety Administration (FMCSA)'s website.

Answered by Sharon Cullars

Additional Resources:

• FMCSA - Company-related Regulations
• FMCSA - Driver-related Regulations

Disclaimer: This site does not provide legal advice and users of this site should not interpret any of the information presented here as legal advice. The information provided merely conveys general information related to commonly asked legal questions. We are not a law firm and the employees responding to questions are not acting as your legal attorney. You should ultimately consult with a Lawyer for your case.