Safe operation and maintenance is the responsibility of tractor trailer drivers and motor carriers.  Unfortunately, tractor trailer crashes often cause such serious injuries that the federally mandated insurance limits may not be adequate. Often crashes also involve multiple victims so there may be inadequate insurance money to cover multiple injuries and financial losses.

Despite this situation it is often possible to recover adequate compensation through the help of an experienced truck injury attorney. Often other people or entities may be held liable under the legal theory of joint venture. Joint ventures are a type of partnership, but a formal agreement is not required. A partnership usually exists for a general business undertaking, but a joint venture can exist for a more specific purpose.

In terms of the transportation industry a single trip with a truck can be a joint venture. As in a partnership each of the joint ventures are liable for the wrongful acts of the other members. That means that if one party to the joint venture causes the crash, the other members can also be liable. The public policy idea behind this is that the members who were involved in the enterprise to obtain its benefits must also share in the burden.

Elements of Joint Venture

Traditionally a joint venture could be proven by showing:

(1) an express or implied agreement.

(2) a common purpose in carrying out the venture.

(3) a community of pecuniary interest in the common purpose.

(4) an equal voice in the undertaking.

As a practical matter, the most important element is that the member had an equal voice, and right to control.  It is normal for joint ventures to have their own assigned roles, so no showing of control as to each element or step in the business is required.

There is often conflicting evidence, on the question of whether parties involved in the truck trip were involved in a joint venture. Often there is a writing in the form of a contract that asserts there is no joint venture between the parties. However, this is not always controlling. Rather, the facts and circumstances of how the parties operated and dealt with each other is of primary importance.  The venture may be proven by circumstantial evidence.

Joint Venture Applicable in Many Cases

In the trucking context, there are many situations where the theory may be applicable. The could be joint venture agreements between an owner operator and a trucking company, a consolidator, a broker, or shipper. Looking at the whole supply chain, and who was involved in the shipment is an important step in the process. Depending on the cause of the crash, the tractor and trailer ownership, and other factors there could be several potential responsible parties.

A Common Goal and Financial Interest

The common goal is to transport good from one place to another in a specific manner and at a certain time. The parties must have a joint financial interest in the goal. Proving a joint profit situation is usually easy.  Proving shared losses can be more difficult. Some courts require a demonstration that the parties would also share losses.

There are several distinct views on the loss requirement. Some courts require evidence of an express or implied agreement to share losses to find a joint venture. Other courts have held that if one party furnishes capital and the other services an agreement to shares losses is not necessary since they will be deemed a joint venture by the very nature of the undertaking. Some courts view the sharing of losses as merely a factor but not an essential element. Finally, there are courts that have held that a joint venture can exist even if agreement expressly sets out no loss sharing. In real life application, there can be wide ranging application of the doctrine even within a jurisdiction.

It is rare in the trucking context to have a specific contract clause setting forth a sharing of general losses. However, there is often evidence that suggest losses are shared. This evidence may include how past late shipment or damage claims were handled. Evidence of cost sharing in such losses, even if through prior settlement can supply the loss element of a joint venture.  To be successful on this theory a detailed investigation of the transaction between the alleged joint-ventures must be undertaken to search for losses.

Equal Voice & Control

An equal voice in the venture really means the right to have a say and some control in the venture. This distinguishes the relationship of joint venture from master servant. In the master servant relationship, the master (employer) tells the servant (employee) what to do and the servant complies. In a joint venture one party may give instructions to the other, but at some level each must have some measure of control over their part of the venture. The control need not be a physical act. Further, the control need not be exercised, however, the right must exist. The right to terminate a trip, or the manner of shipment is often enough control over a trucking joint venture, even though the driver controls the physical operation (driving) of the vehicle.

Need Legal Help, Turn to Us 1-800-264-3455

If you or a family member has been injured in a crash involving a truck, bus or other commercial motor vehicle, the injury attorneys at Gump & Faiella are here to help. We have years of experience helping people throughout Missouri who have suffered serious personal injuries recover fair compensation. From determining if a violation of regulations led to your accident to negotiating a fair settlement, our Columbia, Missouri trucking accident attorneys can fight for you every step of the way.

We offer a free consultation to help you get a better idea of your legal options, and to make sure you are comfortable with us. We offer our services on a contingent fee basis. This means that you will only pay fees or case expenses if we recover money for you. You can find more information about us at our website tgflaw.com.

If you need experienced legal representation call Gump & Faiella at 800-263-3455 or contact us at info@tgflaw.com.

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