I got into an accident with an independent truck driver and his insurance is not covering my medical bill. Can I file a lawsuit?

Question: I was involved in an accident with a big rig truck.  I have medical bills that are not being covered by insurance so I need to sue.  But the driver’s business card says that he is an independent contractor.  Does this mean I can’t sue the trucking company?

Response: When a commercial truck accident occurs, if an employment relationship is established between a van/truck driver and a business, then that business can be held liable for the driver’s negligence under a legal theory known as “respondeat superior.”  Employers sometimes try to limit their liability by hiring drivers as “independent contractors” rather than employees.  The business card indicates that you should expect the trucking company to assert this defense.

You should retain a personal injury attorney, preferably one with some knowledge of employment law.  Although the laws governing whether a person is an independent contractor or an employee are jurisdictional (i.e., differ from state to state), generally it depends on the amount of control exercised by the employer over the work being done.   Even if an individual is labeled as an “independent contractor” by the employer, if the employer retains sufficient control over the actions of the worker it establish an employer-employee relationship.  For example, independent contractors generally work for more than one client, submit invoices for work performed, are self-directed and set their own hours.  In contrast, employees tend to perform duties dictated or controlled by others, are  given training by the employer, and works for only one employer.

Answered by Jamilla Moore

Additional Resources: Vehicle Accident Claims

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