**Accident***

Drugs and alcohol can be diminished in the system after 8 hours.

 

I agree. Alcohol will diminish after 2-hours but there are formulas to determine the alcohol content at the time of the incident based on body type, weight, and other factors. But I'm not a doctor nor a chemist and I don't know the formulas. I just enforced the rules.

But that's why the alcohol testing is suspended after the 8th hour per 383.303(a). But drugs remain in the system much longer.

 

Under the IRS rules, if you have no written contract stating the driver is an independent contractor and responsible for his/her actions and costs, then the driver is legally an employee and you must be governed in this manner i.e. deduct for taxes, Social Security, provide workmens comp., etc.

If the driver is/was an employee you must provide lodging, workmens comp coverage, etc. If you have a written contractual agreement with the driver that states he/she is an independent contractor and responsible for such items then he/she is responsible. You should have contacted an attorney in this regard when starting your business.

An attorney friend and I once wrote an independent contractor agreement in that regard. It was 24-pages long. The contract covered all areas as mandated including escrow, driver pay and everything else as mandated in all applicable rules governing independent contractor status.

 

I agree with psanderson as far as him being an employee goes BUT . I don't know the circumstances of the accident and what type of an employee he was or if you plan to keep employing him . You could terminate him now and at that point he's on his own as far as transportation and lodging go . You will still be responsible for workingman's comp as long as he is out of work . A lot has to be considered here . If the accident is found to be caused by a defect on the truck he could sue you for undetermined amount of damages . I really hope you didn't allow any log falsifications . If he was a good driver and your insurance company allows you to keep him and that's your intent , pay the lodging and transportation .You really need to contact an attorney .

 

I agree with your statement. But it all depends on if he had the wherewithal to have a written contract or not. If there was no written contract, he was legally an employee under IRS rules and in my personal opinion, would be responsible for lodging etc. even if he were to be terminated. But I'm not an attorney. Assuming this gentleman has an attorney (and for his sake I hope he has), there are probably too many technical areas here to even think about discussing.

 

You asked about lodging for the driver and transportation.
If he worked for you the right thing to do is go get him or make sure he has transportation home and a place to stay until he does.As a driver I look for employers who take care of their people.As an employer I could do no less for my employees.I personally would pick up any employee of mine when needed or make all arrangements for them and their belongings to get home.

 

In most cases I agree . On the other hand if somebody was driving my truck recklessly and rolled it trying to take a 40 m.p.h. curve at 70 m.p.h. he'd better be buying a one way ticket in the other direction .

 

DULIZ: How is your driver doing? What were you able to discover Re. how the incident happened?

 

I hope your driver is doing well, was there any other vehicles involved in this incident? I am not sure from an owners point of view that posting questions about your companies accident on the internet is best, when the wrecker is still there picking up the truck. Just my opinion and I don't mean anything bad by it. Just something to think about.

1) Are there any injuries
2) are there any fatalities
3) Notify your drivers spouse or family if they are unable to.
4) contact your insurance company or agent
5) witnesses
6) contact the broker,shipper,consignee of the load
7) condition of load
8) Truck and trailer will be there when you get there, only metal and it can all be replaced.

All part of the business. I hope all works out well for you. Best of luck