Evaluation of Owner/Operator and Fleet Owner Program

Evaluation of Owner/Operator and Fleet Owner Program

LaPorte CSA, in association with its affiliated law firm, LaPorte & Associates, P.C., can review a trucking company’s use of owner-operators to protect against the owner-operator being deemed to be an employee and limit the motor carrier’s exposure to uninsured workers’ compensation and other claims. This review involves:

  • Review of Owner/Operator Agreement
    • Compliance with Truth-in-Leasing Regulations
    • Does the agreement’s terms preserve or threaten the independent contractor relationship?
    • Adequacy of indemnification and insurance provisions
    • Adequacy of Termination/Modification provisions
    • Non-compete/non-solicitation
  • Workers’ Compensation Liability Exposure
    • Is some form of insurance required that protects the motor carrier in the event an owner/operator of driver for a fleet owner files a claim?
    • Review of Certificates of Insurance
  • Bobcat/Unladen Exposure
    • Is some form of insurance required?
    • Review of Certificates of Insurance?