What if the Truck Driver Was an Independent Contractor in Florida?

The process of determining fault after a Florida truck accident can be daunting. This complexity can increase when the trucking company considers the truck driver you believe caused your accident an independent contractor. However, just because a truck driver is classified as an independent contractor does not automatically absolve the trucking company from liability. Keep reading!

Employee vs. Independent Contractor in Florida Truck Accident Cases

In Florida, workers are categorized into two groups: employees and independent contractors. This distinction is crucial for several reasons, including determining when an employer can and cannot be held vicariously liable. In Florida, the legal principle known as respondeat superior holds that an employer is vicariously liable for their employee’s negligence. This means that even if a trucking company did not commit any wrong, the company can be held legally responsible for its driver’s wrongful actions or omissions. However, this rule generally does not apply to independent contractors. In other words, in most cases, when an independent contractor causes a truck accident, the trucking company cannot be held legally responsible.

An independent contractor is a self-employed driver who often owns their own truck or equipment. This individual contracts with different companies to haul goods and is responsible for their business operations. An independent contractor has more freedom and autonomy than an employee and can control their schedules and set their own rates.

However, a Florida court will not just look at the label on a contract after a truck accident. In other words, just because the truck driver is labelled an independent contractor will not automatically absolve the trucking company from liability. In Florida, courts assess several factors to determine if a truck driver is an employee or an independent contractor for purposes of determining if the trucking company should or should not be held vicariously liable. These factors include;

• The level of control the trucking company has over the driver’s routes and schedules
• Whether the company provides the equipment that the driver uses
• The degree of supervision by the trucking company
• How the driver is paid

If, for example, the trucking company has significant control over the driver, the driver might be considered an employee for liability reasons even if a contract says otherwise. In such a case, the trucking company may be held vicariously liable for the negligent actions of its driver.

Exceptions That Can Make a Trucking Company Liable

Even if a driver is legally an independent contractor, there are several scenarios when a trucking company may still be held liable, including the following;

• The trucking company was negligent in hiring the driver. For example, the company allowed a driver with a suspended license to operate a truck.
• The trucking company engages in interstate commerce, and the driver causes an accident while operating across state lines.
• The trucking company outsourced certain responsibilities.

We Can Help

If you’ve been in a truck accident, don’t assume you can’t hold the trucking company liable simply because the driver is labeled an independent contractor. Our Miami truck accident attorneys at The Pendas Law Firm can investigate the driver’s status, uncover misclassification, negligent hiring, or an exception. We can also help you pursue other avenues of compensation. Contact us today to schedule a consultation.

The Pendas Law Firm also represents clients in the Orlando, Ocala, Daytona Beach, Bradenton, West Palm Beach, Fort Myers, Fort Lauderdale, Jacksonville, Tampa, Naples, and Melbourne areas.