Home » Blog » What if the Truck Driver Was an Independent Contractor and Not a Company Employee in California?
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Last Modified on Oct 16, 2026
You’re hurt, the bills are stacking up, and someone just told you the trucker wasn’t an employee, so the trucking company owes you nothing. In California that defense often falls apart. A trucking company may still be responsible after an independent contractor truck driver causes a crash. Who controlled the truck, the load, and the route counts more than a tax label.
Bentley & More LLP handles catastrophic truck cases out of Newport Beach and can tell you which parties may be liable for your truck accident.
Key Takeaways
- Control over the work counts more than the contractor label.
- Federal leasing rules often make the carrier responsible for the truck.
- Since May 2026, freight brokers can be sued for hiring unsafe carriers in many cases.
- You usually have two years to pursue a case, but truck data can vanish sooner.
Can You Still Sue the Trucking Company?
Yes, in some cases. A contract calling the driver an independent contractor doesn’t settle it, because courts look at who actually controlled the work. Federal rule 49 C.F.R. § 376.12(c)(1) requires a carrier leasing a driver’s truck to take complete responsibility for its operation. A truck accident attorney can pull the lease and show which company was running that truck.
What Did the Supreme Court Change for Freight Brokers?
In May 2026, the U.S. Supreme Court ruled 9-0 in Montgomery v. Caribe Transport II, LLC that freight brokers can be sued under state law for carelessly choosing an unsafe carrier. The Court left open loads that never leave one state, so brokers may still argue federal law blocks a suit over a trip within California. Ask early whether a broker arranged your load. Learn more about broker and shipper liability after a truck crash in California.
What Proves the Company Was in Control?
Control shows up in paperwork and data held by the company. A truck accident attorney can demand several things before they’re lost.
- The lease and dispatch records showing who set the route.
- Electronic logging device data, GPS history, and the driver qualification file.
- The carrier’s insurance filing and safety record, through the Federal Motor Carrier Safety Administration (FMCSA)Licensing and Insurance database and SAFER.
Trucks hauling in California also need a California Motor Carrier Permit, and a missing one is a warning sign.
More Frequently Asked Questions
Does it matter if the driver owned the truck in California?
Not automatically. If the driver hauled under the carrier’s authority, federal leasing rules can still make the carrier responsible, and the truck’s owner may be liable too. Find out who owns the tractor and trailer.
How long do I have to file a lawsuit in California?
In California, two years in most cases, and claims against a government entity run shorter. Don’t wait on an adjuster, because their schedule isn’t your deadline. Read more about the personal injury statute of limitations in California
What if the driver’s own insurance is too small in California?
In California, other policies matter then. The FMCSA requires at least $750,000 for most general freight carriers, and a responsible company or broker brings its own coverage. Ask for every policy in writing.
Should I talk to the trucking company’s insurance adjuster in California?
In California, keep it to your name, contact details, and the crash date. Adjusters work for the insurer, and a recorded statement in the first week can be used against you. Send questions about fault to your lawyer.
Bentley & More LLP: Your Personal Injury Law Firm
We start by finding every company that touched your truck (the carrier, the owner, and the broker) and what each knew about that driver. Contact our firm today and we’ll tell you where your case stands and what you may do next.
About the author: Greg Bentley
Co-Founder & Trial Lawyer at Bentley & More LLP
Greg Bentley is Co-Founder of Bentley & More LLP in Newport Beach, California. With 36 years of experience, he represents plaintiffs in personal injury, wrongful death, product liability, insurance bad faith, dangerous road and property conditions, and construction-site failure cases. Admitted to the State Bar of California, Greg earned his J.D. from Western State University College of Law in 1990. He is a member of several invitation-only trial organizations, including the American College of Trial Lawyers and the International Academy of Trial Lawyers, and is active in multiple statewide and regional trial lawyer associations.
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