Commercial Drivers’ Liability As Independent Contractors Is Complex

While many commercial drivers work for one specific company, more and more have become ‘freelancers’ in recent years, acting as independent contractors for multiple different firms. This can be a positive for the driver, who may have more flexibility in work schedules and better pay – but it can sometimes place them in a difficult position if they are involved in a crash.

Independent Contractors Are … Independent

In general, an independent contractor is a worker who exerts more control over their work than an employee would, though Florida law adds a few more specific criteria. For example, depending on the industry, an independent contractor might be able to work from home, or to decide the schedule by which they perform their work. The trade-off, most of the time, is that an independent contractor is not usually eligible for workers’ compensation or other benefits that employees are able to receive.

Since an independent contractor is not an employee, the company employing them will usually not be liable for any damages the independent contractor causes while working. There are exceptions, though, with one of the most common being a legal theory known as vicarious liability. If a worker is operating within the scope of their employment, and they commit a tort (essentially, the civil law version of a crime), the company still may be liable for damages depending on the specifics of the situation.

Many Options For Injured Plaintiffs

Another scenario in which a trucking company may be held liable for the acts of an independent contractor is if negligent hiring or supervision is a possibility. A company is guilty of negligent hiring if they fail to discover information that should reasonably preclude someone from doing a particular job – for example, hiring a lifelong alcoholic to drive a commercial vehicle – regardless of whether they are an independent contractor or an employee. While Florida law has a presumption in favor of the employer, it is possible to overcome the presumption with evidence.

If, for some reason, it is not possible to seek damages from the driver’s employer, keep in mind that it is common to involve multiple defendants in this type of case. Depending on specifics, it may be possible to seek damages from third parties, such as other drivers on the road, the maintainer or manufacturer of the commercial vehicle, or a negligent freight loader. It can be difficult to know exactly how to proceed – a knowledgeable attorney can help.

Contact A Tampa Commercial Vehicle Accident Attorney

If you have been injured in an accident with a commercial vehicle, it can be difficult to determine how to move forward, and who exactly should be held responsible. Just because a driver is an independent contractor does not mean they should escape liability for causing damages – a Tampa truck accidents attorney from the Rinaldo Law Group can help you recover the damages you deserve. Contact our office today to schedule a free consultation.

Source:

flsenate.gov/Laws/Statutes/2021/440.02