Independant Driver Contract

BIGDOG · Jun 15, 2006

I am adding a driver to my truck and I need a contract, as simple
as it can be, no hidden language. Is there a legal firm that
anyone know's about that writes these for independant drivers.
Is there a boiler plate available somewhere. Any suggestions
on what should be included sometimes even the obvious is missed.
This is my first time taking on a co-driver any help would be
greatly appreciated. Hope everyone has full tank of gas and the
sweetheart load just came your way.

LDB · Jun 15, 2006

Go to the search function and input contract. There were some threads on this earlier this year. They had a lot of good points to remember to include without attempting to give boilerplate or otherwise improper legal advice. There is a serious risk to using boilerplate in that what is good for one state may be bad for another. Good luck.

Leo Bricker, 73's K5LDB, OOIDA 677319
Owner, Panther trucks 4958, 5447
Highway Watch Participant, Truckerbuddy
EO Forum Moderator
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Support the entire Constitution, not just the parts you like.

BIGDOG · Jun 15, 2006

LDB - Thanks for the help - did a search didn't come up with much.
Do you remember which forum? I'm not afraid of an attorney
but would like one that has experience with trucking. Our
home base is in Michigan. Thanks again.

LDB · Jun 16, 2006

Try the search again and be sure you are on the main conferences page. I did it and got 161 threads containing the word contract.

Leo Bricker, 73's K5LDB, OOIDA 677319
Owner, Panther trucks 4958, 5447
Highway Watch Participant, Truckerbuddy
EO Forum Moderator
----------
Support the entire Constitution, not just the parts you like.

guest · Jun 16, 2006

If you need Help, I have one that I can Fax to you that almost every State will say is legal. If you want you can call me on my Cell phone at 330-352-2194.

Drive safe

Dave Mayfield
FEDExCC/Roberts Express O/O Since 3/1/1995
C1847,C2045,D3397,D5047

hondaking38 · Jun 18, 2006

funny i asked this same question a few months ago and got about 10 responses of sarcasm, such as dont be cheap hire a attorney, and i wouldnt wanna drive for you..one person stepped forward, and offered help...maybe the idiots arnt posting much anymore,

davekc · Jun 18, 2006

I don't think it is a issue as to whether someone is cheap or not.
I would advise an attorney so it is more specific to your situation.
A generic one will only cover certain items, not ones that maybe state or carrier specific.
There have been posts over the years were a driver or owner had problems because specific language was not in their contract.

It is kinda like selling or buying a house without a attorney. 75 percent of the time it will go fine. It's the other 25 percent that would wish you had when something bad happened.
It just comes down to your level of exposure.
Hopefully this isn't intrepreted as sarcastic.

Davekc
owner
21 years
PantherII
EO moderator

LDB · Jun 18, 2006

I guess I'm an idiot then because I say you should have a local attorney draft something specific to your situation. Considering how litigious we are as a nation and that one simple word has the potential to nullify the intent of the contract it seems like insurance to have it properly written. So much for an idiots opinion.

Leo Bricker, 73's K5LDB, OOIDA 677319
Owner, Panther trucks 5507, 5508, 5509
Highway Watch Participant, Truckerbuddy
EO Forum Moderator
----------
Support the entire Constitution, not just the parts you like.

davekc · Jun 18, 2006

You are correct. It is insurance and it will cover items you may not have thought of. Just issues on liability are very complex and vary from state to state.
A good transportation attorney in your home state can do this for a very reasonable fee.

Davekc
owner
21 years
PantherII
EO moderator

MichTish · Jun 19, 2006

I agreee and totally disagree with some of the above comments.

To begin, there is absolutly no such thing as a contract someone could fax you that would be worth the papers its written on. As mentioned, state laws very to such a degree that a blanket faxed version would almost be guarenteed to be worthless in most states.

Id certainly combine the resourses of your insurance carrier and legal councel in drawing up one which would actually cover you in your particular state.

I have only 4 years of experience and have driven for only 2 owners of small fleets. There has never been the mention of a contract and im of the opinion that a good small owner really has no need for one. The only exception might be the mega fleet owners and im quite certain thats a requirement put on them by their legal represenatives.

Screen your drivers. Do a legitament background check. Qualify their experience. I bet youll never need a contract if youd process your applicants in that fashion.

What ive encountered on the road are drivers that have had the scrooze applied to them once leaving a papered fleet owner. The stories always the same. The papered owner almost always finds some reason to deduct monies from their drivers final paycheck.

Honest owners working with qualified drivers eliminates the need for foolish paperwork in our opinion.

LDB · Jun 19, 2006

In an ideal world and pretty much in this world during my grandparents generation a handshake was about all the contract needed because the vast majority of people were honest, God fearing, church going people. We've let a small minority take morals out of our society. We've let millions of advertisements condition us to get a lawyer and sue for anything. I'm glad things have worked out for you but it is only a matter of time until Murphy catches up and society asserts itself and because of no contract you are screwed.

I have an agreement with my drivers. It spells out responsibilities of both sides and protects both sides. It was purposely written to do so. Not only should the owner have a contract to protect the driver, the driver should have the contract reviewed to be sure it protects them as well. If I suddenly forget I pay for QC and deduct it from their settlement the contract protects them. If they suddenly forget they are responsible for sending copies of maintenance paperwork the contract protects me.

Some things are a matter of common sense and protecting oneself should be high on the list. Wear a helmet when riding any 2 wheeler. Have a contract when doing any non-employee job. Have an employees handbook when doing an employee job.

Leo Bricker, 73's K5LDB, OOIDA 677319
Owner, Panther trucks 5507, 5508, 5509
Highway Watch Participant, Truckerbuddy
EO Forum Moderator
----------
Support the entire Constitution, not just the parts you like.

davekc · Jun 19, 2006

I think it offers protection for both as well as defines expectations.
Two of the best people may have very different expectations as to their relationship. Hometime and how often would be the first one that comes to mind. But, there are many others.

From a owners perspective, I wouldn't buy a $100,000 piece of real estate without a contract. Why would I have a driver operate a $100,000 piece of equipment without a contract?
I see little difference.
Even more so if I don't know the drivers personally.
It is just common sense.

Davekc
owner
21 years
PantherII
EO moderator

BIGDOG · Jun 26, 2006

Thanks to everyone who responded to my question. As I stated
I'm not afraid to hire an Attorney just finding one with
knowledge in this area. As always this is the best area
to get suggestions on how to start. Thanks Again.

Randy & Patty
Bigdog Enterprise
FedEx C.C.