Put It In Writing – Beyond the Handshake

by Marek S. Malicki
As a Deputy Judge in Small Claims Court I hear many cases involving truckers. Many of them deal with drivers not getting paid what they are owed, especially at the end of their work for a company. The case often deals with who has the obligation to pay for traffic tickets, insurance, damages in case of accidents, or late deliveries.

In one case a trucker had an accident in Wyoming on a long haul to California. He could not complete the journey and had to fly home. The owner did not pay for his flight home or expenses after the truck was damaged, saying that the trucker was at fault. Each side remembered their agreement differently. There was nothing in writing.

Contracts do not have to be in writing to be valid. But in a verbal agreement each side often remembers things differently. Most often they sincerely believe that their version is the correct one but there is no way of proving it.

This does not mean you have to have a formal agreement or have a lawyer prepare it. As a minimum the paper should say who the parties are (a corporation or an individual), what the parties agree on, the date of the agreement, and how it is to be ended. If the agreement is in writing, there will be no confusion what was agreed on.

E-mails may be enough to show the intention of the parties. Even notes on pieces of paper may be sufficient if both parties initial them
A lawyer can help prepare an agreement that is clear and unambiguous and cover all of the important terms to the parties. I find that when persons prepare their own agreement, they may not be specific enough about important matters. For example, they may state the amount paid for each mile traveled but forget to mention what expenses are covered.

Even notes made at the time of the agreement that are not signed by the other side are helpful because they show what you believed to be the terms of the agreement.

The judge has to decide whose version of events is more believable. What is in writing will often be the deciding factor.

The cost of having a lawyer prepare an agreement that incorporates all the necessary terms may save you a lot of aggravation and money.

This article was originally published in Truck N’ Roll Magazine ISSN 1911-9577