Legal Question in Personal Injury in Texas

Ok I get hit by an independent contractor working for a moving company. Its his fault but the insurance information for him personally was inactive. I want to sue the company that contracted the independent contractor because they should not have allowed him to do work on there behalf without knowing his insurance was inactive. Do I have a case here?

Asked on 10/09/13, 12:21 pm

2 Answers from Attorneys

Adam Kielich The Kielich Law Firm

Maybe. This type of claim would be for negligent hiring or negligent supervision of the independent contractor. You also want to look at whether the person was really an independent contractor and not an employee. He or she is not an independent contractor merely because the company says so. There are legal tests to determine whether the person was an employee or a contractor. If you can prove the person is actually an employee then you can bring some additional claims against the company.

Depending on the extent of harm (specifically whether you suffered personal injury or just damage to your car) and whether you carry uninsured motorist coverage, it may make more sense to file the claim on your own uninsured motorist coverage and let your insurer make those claims on your behalf.

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Answered on 10/09/13, 12:33 pm
Greg Baumgartner Baumgartner Law Firm

Possibly- but it requires further investigation. The general rule in Texas is that contractors are not responsible for independent contractors negligence barring some exception which is basically negligence on the part of the contractor.

Just because the person who hit you has been called an "independent contractor" does not necessarily mean that they were not an employee. If the so-called independent contractor was actually an employee then holding the company responsible is not that difficult.

If the independent contractor were truly an independent contractor then it becomes much more difficult task. Some questions that may help identify whether not you have a case are: 1. whose vehicle was being driven, 2. was at the company or the "independent contractor". 3. How did they pay the person who was driving, buy the hour, the job or the mile? 4. Did the company control the means or the manner or instrumentalities of the job?

I suggest you call the best personal injury attorney and you can find in your area and discuss the case as soon as possible.

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Answered on 10/09/13, 1:33 pm

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