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 wasinvolved in an accident with a big rig truck. I have medical bills that are not being covered by insurance so I needto sue.  But the driver’s business cardsays that he is an independent contractor. Does this mean I can’t sue the trucking company?

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

Youshould retain a personal injury attorney, preferably one with some knowledge ofemployment law.  Although the lawsgoverning whether a person is an independent contractor or an employee arejurisdictional (i.e., differ from state to state), generally it depends on theamount 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 sufficientcontrol over the actions of the worker it establish an employer-employeerelationship.  For example, independentcontractors generally work for more than one client, submit invoices for workperformed, are self-directed and set their own hours.  In contrast, employees tend to perform dutiesdictated or controlled by others, are given training by the employer, and works for only one employer.

Answered by Jamilla Moore