"'Independent Contractor' Defense Unavailable," a free article from Clifford Law Offices of Chicago
February 04, 2010 (PRLEAP.COM) Business NewsThe Chicago law office, Clifford Law Offices, announced that it has posted a legal article on their website (http://www.cliffordlaw.com) in an effort to educate the public about legal matters such as those pertaining to independent contractors in commercial trucking accidents.
The "independent contractor" defense, which states that a person or entity that hires an independent contractor is not liable for the negligent acts or omissions of that contractor, does not apply to the commercial trucking accident arena. With the passage of the Interstate Common Carrier Act in 1956, the independent contractor defense was effectively barred in an effort to protect the public from tortuous conduct of judgment-proof truck lessor operations. Further, the State of Illinois has adopted most of the Federal Motor Carrier Safety Regulations thereby effectively barring the independent contractor defense there as well.
Colin H. Dunn, an associate attorney at the nationally renowned Chicago-based personal injury firm, Clifford Law Offices, P.C., wrote an article about the Interstate Common Carrier Act and its effect on the independent contractor defense for both the public and motor carrier operations in a piece originally published in the Chicago Daily Law Bulletin entitled, "'Independent Contractor' Defense Unavailable." In the article, Mr. Dunn discusses the specific components of the statute that render the defense unavailable and details how those components were adopted and implemented into other federal and state regulations. It is an interesting and informative look into an area that needs examination.
Read the full article about commercial trucking accidents and independent contractors.