Determining which parties to name as defendants in a Florida trucking accident is a crucial decision that must be made early on in the process. Of course, an obvious choice is to name the driver of the truck involved in the accident. However, Florida truck accident victims would be wise to consider whether additional parties may also be liable for their injuries.
As a general rule, employers are vicariously liable for the negligent actions of their employees so long as, at the time of the accident, the employee was acting within the scope of their employment. However, this only applies when the truck driver and the trucking company have an employee/employer relationship. If the truck driver is an independent contractor, the contracting company will likely not be held liable for the driver’s actions. Thus, the determination of whether a truck driver is an employee or a contractor commonly comes up in Florida truck accident cases.
A recent state appellate decision illustrates how courts analyze claims against trucking companies.