Independent Contractor or Employee? Why Classification Still Drives Trucking Liability

Despite years of litigation and regulatory shifts, driver classification remains a central issue in trucking cases. Plaintiffs frequently challenge independent-contractor arrangements not because labels matter, but because reclassification can significantly expand vicarious liability and increase available insurance coverage.

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Courts do not rely on how a relationship is described on paper. Instead, they look at control—who sets routes and schedules, dictates equipment requirements, imposes performance standards, and controls day-to-day operations. Even carefully drafted independent-contractor agreements can be undermined by operational practices that suggest employee-level control.

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From a defense standpoint, the goal is not simply to win a classification argument after a lawsuit is filed. It is to ensure that the company’s business model aligns with the legal framework governing it. Inconsistent practices create leverage for plaintiffs and uncertainty for carriers, often long before litigation begins.

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Regular review of contractor agreements, dispatch practices, and safety oversight is essential. Classification disputes are frequently decided well before a complaint is filed, based on how the company actually operates—not how the relationship is described in theory.

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Sound structure today helps prevent expanded liability tomorrow.

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Written by Andrew Wilkinson, Partner.