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Suing Trucking Companies For Contractor Errors

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Kantrowitz, Goldhamer, Graifman, Perlmutter & Carballo, P.C.

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Written/Reviewed By:

Barry S. Kantrowitz, Esq.

Last Updated: Apr 9, 2026

Read Time: 4 mins

When A truck hits you, everything changes. The medical bills start coming. You can’t work. Recovery takes months, sometimes longer. Then you find out the driver was an independent contractor, not an actual employee. Does that mean the trucking company gets to walk away? Not necessarily.

The Independent Contractor Label Doesn’t Tell The Whole Story

Trucking companies love classifying drivers as independent contractors instead of employees. It saves them money on benefits, insurance, and workers’ compensation. But here’s what matters for your case: the label itself doesn’t automatically protect them from liability. New Jersey courts don’t just accept whatever classification a company slaps on someone. They look at the actual relationship. How much control did the company have? What did the day-to-day work look like? The answers to these questions matter more than what the contract says.

When You Can Go After The Trucking Company

A Bergen County truck accident lawyer knows how to identify when a company shares responsibility for your injuries. Several legal paths exist, even when the driver isn’t technically an employee.

The Control Factor

If the trucking company was calling the shots, they can’t hide behind contractor status. Courts examine how much control the company really had over the driver’s work. Sometimes what looks like an independent contractor relationship on paper functions like traditional employment in practice. Signs that a company maintained substantial control include:

Mandatory delivery schedules and predetermined routes
Required use of company trucks or branded equipment
Detailed instructions about how to make deliveries
Regular monitoring of driver performance and location
Restrictions preventing drivers from working for competitors

The more boxes you can check, the stronger your argument that this wasn’t really an independent contractor situation.

They Hired Someone Dangerous

Companies can’t just hand the keys to anyone with a pulse. They have a responsibility to check who they’re working with. Did the trucking company verify the driver’s safety record? Check for proper licensing? Look into past accidents or violations? If they didn’t bother with basic vetting, that’s negligent hiring. If they knew about a driver’s dangerous history and kept working with them anyway, that’s negligent retention. Either way, you’ve got a claim.

Some Duties Can’t Be Outsourced

Transportation companies have certain responsibilities they can’t shift to someone else, no matter how they structure the relationship. Vehicle safety. Regulatory compliance. These obligations stick with the company.

Federal Rules Apply To Everyone

The trucking industry operates under strict federal oversight. The FMCSA regulations set safety standards that companies must follow regardless of how they classify their drivers. Vehicle maintenance requirements don’t disappear because someone’s a contractor. Neither do driver qualification standards nor limits on how many hours someone can be behind the wheel. When companies lease equipment to independent contractors, they still need to ensure federal safety compliance. That includes verifying commercial licenses and checking safety records. You can’t just hand over the keys and hope for the best.

Building Your Case Takes Work

Proving a trucking company’s liability requires digging into the details. A Bergen County truck accident lawyer will examine the contract between the company and driver, pull maintenance records, investigate hiring practices, and review all communications between the parties. Strong evidence includes dispatch records showing detailed marching orders, training materials the company provided, proof of who owned the equipment, and documentation of ongoing supervision. When companies treat their “independent contractors” like employees, they create legal exposure. Your attorney’s job is to find that evidence.

Why You Shouldn’t Go This Alone

Trucking companies carry big insurance policies. They have legal teams whose entire job is minimizing payouts. They’ll argue that contractor status means they’re off the hook. Without experienced representation on your side, you’re fighting at a serious disadvantage. Insurance adjusters push for quick settlements. They want you to sign before you fully understand your injuries or what compensation you deserve. Companies will try shifting all blame to the driver while denying any responsibility themselves.

Don’t let a contractor classification stop you from pursuing fair compensation. The relationship between driver and company often tells a different story than what’s written in the contract. Kantrowitz, Goldhamer, Graifman, Perlmutter & Carballo, P.C. handles complex truck accident cases throughout New Jersey and knows how to hold companies accountable when they try to dodge responsibility. Reach out to discuss your situation and learn what legal options you have for recovery.

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   LWelsh 
 10 days ago
 
 
 Trustindex verifies that the original source of the review is Google. Clever and efficient.
  
 
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   Kenny Perlow 
 31 days ago
 
 
 Trustindex verifies that the original source of the review is Google. KGG Law, and Barry Kantrowitz in particular, set the bar high for what a thorough, practical, strategic, compassionate and smart lawyer can be. Everything about Barry's advice and representation was exemplary and the stress mitigation that resulted was invaluable. On top of that, the ultimate result Barry achieved was beyond what was reasonable to expect and we are forever grateful. Often, people say that you hire a lawyer to prevent a problem. Sometimes, unfortunately, you need an attorney to solve a problem and I could not recommend Barry and his firm any more highly in that regard.
  
 
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   Aliza Ali 
 95 days ago
 
 
 Trustindex verifies that the original source of the review is Google. My dad had a great experience with this law firm. From the very beginning, the team was professional, knowledgeable, and always willing to answer our questions. They kept us informed throughout the entire process and made what could have been a very stressful situation much easier to handle. We truly appreciated their dedication, honesty, and hard work. Thanks to their support, my dad felt confident every step of the way. We are very grateful for everything they did and would highly recommend this firm to anyone looking for reliable legal representation.
  
 
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   Jana Montero 
 98 days ago
 
 
 Trustindex verifies that the original source of the review is Google. I had a wonderful experience working with Sam Smith. He was very responsive, thorough, and easy to work with from start to finish. He walked me through everything clearly and made what started as a very stressful situation for me into something completely manageable. I would not hesitate to recommend him and the firm!
  
 
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   Mike Sakmann 
 104 days ago
 
 
 Trustindex verifies that the original source of the review is Google. I sought legal advice regarding an employment matter and had an excellent experience working with Sam Smith, Esq. at KGG Law. Sam was thorough, attentive, and took the time to listen carefully to my concerns before providing clear, thoughtful guidance. I appreciated the professionalism and care shown throughout the process, and I would confidently recommend KGG Law to anyone in need of legal assistance.
  
 
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   Liz Hecker 
 110 days ago
 
 
 Trustindex verifies that the original source of the review is Google. I can't say enough about this firm. They manage to comfort you during the whole legal process while staying professional and doing what is right. I would recommend them to anyone and also hire them again if I need legal help.
  
 
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   Brandy Miller 
 133 days ago
 
 
 Trustindex verifies that the original source of the review is Google. Kate is the best. She helped me very quickly, and was very attentive with all of my needs. So thankful for her
  
 
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   Mike Greenspan 
 146 days ago
 
 
 Trustindex verifies that the original source of the review is Google. Kate Carballo is a dedicated, passionate, and creative attorney whom I had the pleasure to lecture with at a state trial lawyer's conference. Kate's lecture demonstrated how she uses her innovative and "out-of-the-box thinking" to achieve outstanding results for her injured clients. That Kate is certified by the Supreme Court of New Jersey as a civil trial attorney is a testament to her skills, experience and commitment to excellence.
  
 
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   Jonathan Sampson 
 153 days ago
 
 
 Trustindex verifies that the original source of the review is Google. Was referred to KGG law by a friend and could not have asked for better legal representation. They walked me through every step of the process after my accident and began every call with “ how are you feeling” which was just one example of how much they care about their clients. They handled my case very efficiently, professionally and courteously. My attorney Kate Carballo was a rock star! So clearly experienced, she consistently made me feel at ease with the process. Highly recommend
  
 
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   Vinnie Kung 
 156 days ago
 
 
 Trustindex verifies that the original source of the review is Google. We had a great experience with the team at KGG Law. While it was a traumatic time for our family, they made it very easy for us and explained all of our options. They even performed due diligence to make sure that after our settlement, there would be no further issues which I think is even more important than the settlement itself. Thank you!

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