Commercial Vehicle Accidents & Gig Workers

The so-called “gig economy” is a labor market that operates on short-term contracts and freelance agreements rather than long-term employment options. It has become more and more common in many U.S. industries, and commercial driving is no exception. If a commercial motor vehicle (CMV) is involved in an accident in Florida, the injured plaintiff will likely try to file suit against the vehicle’s owner under a theory known as vicarious liability. However, matters can get more complex if the CMV driver is a gig worker.

Gig Workers Are Not Employees

In this day and age, more and more transport companies are looking to hire drivers for short periods of time or even on an as-needed basis, meaning that commercial drivers will often be ‘gig workers’ – independent contractors, rather than employees. This can make a difference both in terms of outlay for the company, and for the legal liability it may owe in the event of a crash. Florida has a no-fault auto insurance system, meaning that in theory, insurance will cover an injured person’s medical bills, but in practice, this may not happen without a struggle.

One major plus for transport companies in using gig workers is that since most of them qualify as independent contractors, employers do not have to provide certain benefits like workers’ compensation insurance. In addition, an employer is not liable for the negligent actions of independent contractors, because employers do not have direct control over the actions of these workers. However, there are exceptional circumstances in Florida law that will sometimes place an employer squarely on the hook for the torts of their gig workers.

Florida Law Sides With Injured Drivers

The major factor that will make many employers liable for the torts of their independent contractors/gig workers is known as the dangerous instrumentality doctrine. In Florida law, this concept holds that the owner of a vehicle is liable for any harm caused by the vehicle while being operated with the owner’s permission. While this most often is brought up in cases involving the loan of private cars, it can and does apply to commercial drivers as well, given that large trucks will usually qualify as ‘dangerous instrumentalities.’

If you have been injured in an accident with a commercial vehicle, the status of the driver can matter in terms of the number of defendants from whom you might seek money damages. However, there is a strong presumption that both driver and employer may be held liable for the harm you have suffered. The right attorney can help protect you during the legal process, and make sure you have the best chance to recover for what you have been through.

Contact A Tampa Commercial Vehicle Accident Attorney

If you are injured in a commercial vehicle accident in Florida, the employment status of the driver can matter, but it is almost never an impediment to financial recovery. A Tampa commercial vehicle accident attorney from the Rinaldo Law Group can help you and your family get back on your feet. Call our office today to schedule a free consultation.

Source:

flsenate.gov/Laws/Statutes/2018/0627.731