Call for a Free Consultation
212-742-9700
Godosky & Gentile, P.C.
One Of New York City’s Most
Prominent & Respected Litigation Law Firms

Understanding logo liability in truck crash claims

If you have been involved in an accident with a truck, it is important to note that the process of establishing liability can be slightly more challenging than in a situation where two private vehicles crash. There can be a conflict between the legal liability of the driver versus the legal liability of the company that employed them.

In many cases, if a truck driver is a full-time employee of the company that owns the vehicle, the company in question will be held liable for the crash under vicarious liability laws if the truck is deemed to have caused the crash. However, this can become more complex if the company whose goods are being transported leases trucks and hires independent contractors to drive them.

Understanding logo liability

Logo liability recognizes the fact that commercial carriers lease trucks and drivers for their own profit. Generally speaking, vicarious liability is only valid when the driver is an employee of the company in question. Therefore, if the truck driver is working as an independent contractor when they crash the vehicle, this can mean that the carrier in question will not be held responsible under vicarious liability.

This was essentially a loophole in the law that carriers could take advantage of to avoid liability in the event of a crash. It is why federal regulations have been placed on truck companies when they are hiring independent contractors to drive for them. The federal regulation states that commercial carriers must have control over, and responsibility for, all equipment being leased and all drivers being temporarily employed.

The theory of logo liability stems from this federal regulation. It means that the trucks should display the logo of the carrier when it is being leased. When doing this, the truck driver is assumed to be acting as an employee on behalf of that carrier for liability purposes.

If you want to make a claim against a trucking company as a result of your incident, it is important to understand how logo liability theories could help you to make a successful claim. You have the right to compensation if you can show that you were not at fault.

No Comments

Leave a comment
Comment Information
  • Super Lawyers
  • Legal Leaders Presents Martindale-Hubbell Top Rated Lawyers 2014 | Featuring AV Preeminent Martindale-Hubbell Lawyer Ratings
  • Best Lawyers | Best Law Firms U.S. News & World Report | 2018
  • AV Preeminent Martindale-Hubbell Lawyer Ratings
  • Insider Exclusive
  • The New York Times
Email Us For A Response

INJURED? Free Case Evaluation

Bold labels are required.

Contact Information
disclaimer.

The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.

close

Privacy Policy

Godosky & Gentile, P.C. 61 Broadway Suite 2010 New York, NY 10006 Toll Free: 800-538-1768 Phone: 212-742-9700 Fax: 212-742-9706 New York Litigation Office