After a truck collision, determining who is legally at fault and responsible for compensating the injury victims is not always clear and straightforward.
While an at-fault truck driver may be liable for the injuries of another, under the legal doctrine of respondeat superior, also known as vicarious liability, the employer or principal may also be liable for the actions of their agents of employees, if they were carried out within the scope of their employment.
However, it is common in the trucking industry for commercial carriers to outsource work to independent contractors in order to minimize risk and the cost of doing business. By engaging truck drivers as independent contractors, a trucking company (the principal) may be able to preclude an injured party from holding it vicariously liable for the actions of the independent contractor.
Just because a trucking company says its drivers are independent contractors, does not necessarily mean that they are deemed independent contractors for purposes of determining vicarious liability. Different governmental agencies such as the IRS, Department of Labor, and Courts apply different factor tests to determine the extent of control a trucking company wields over its drivers.
If an accident happens in such a scenario, trucking companies sometimes can and do argue that they bear no legal liability for the negligence or malfeasance of a non-employee truck driver.
Depending upon the circumstances and the jurisdiction, logo liability or lease liability may potentially prevent a truck company (and by extension, their insurance company) from dodging responsibility in some capacity for the crash.
What Is Logo Liability?
In essence, logo liability, also known as placard liability, means that if the truck that causes an accident has the company signage or a corporate image or emblem on it, the person behind the wheel may be considered an employee regardless of whether they are deemed an independent contractor or employee for purposes of taxes and payroll.
Employee status therefore suggests that the trucking company can be deemed legally responsible for what occurred through vicarious liability.
Under the theory of logo liability, the trucking company, which usually has deeper pockets and more extensive insurance policy coverage than an independent contractor, could accordingly be held legally responsible to pay monetary damages to those drivers and passengers injured in the other vehicles involved because of the wrongdoing of an employee.
Given the catastrophic nature of many truck-related injuries, logo liability has enormous ramifications when it comes to determining who is at fault and how much they, or their insurers, must pay to the victims.
Trucking companies typically won’t accept this form of carrier liability or company accountability without a fight, though.
Accordingly, hiring an experienced Philadelphia Truck Accident Attorney becomes essential to protecting your rights if you’ve been victimized in a crash.
Logo Liability in Different Jurisdictions
Logo liability, which derives its source originally in federal trucking regulations, varies from state to state through court interpretations.
Remember, too, that the law is constantly evolving as new judicial decisions are handed down in individual jurisdictions.
If you are a Philadelphia or South Jersey resident where courts might apply logo liability, the most logical and systematic way to proceed is to consult a lawyer with mastery in investigating truck accident cases in all their dimensions.
Your legal counsel can effectively manage all communications with trucking companies, their insurance companies, and others, to determine which entities are responsible for the accident as the law sees it.
This inquiry includes, among various other considerations, scrutinizing the employment or contract status of the driver who caused the accident and what kind of signage appeared on the delivery truck or tractor-trailer that the driver was operating.
These facts can constitute crucial evidence that can demonstrate logo liability in a trucking accident.
In the Truck Business, Why Is Logo Liability Important?
Logo lability is obviously important in the trucking business for bottom-line reasons. If a trucking company can successfully argue that it is legally blame-free for the wrongdoing of a driver, it can avoid potentially sizable accident liability.
If logo liability applies however, the accident victim then may have recourse against the company as well as the driver who may be a contractor.
The signage generally implies that the motor carrier has control over the driver’s conduct and the proper vehicle maintenance and operation of the truck even in the absence of a traditional employer-employee relationship.
When the Driver Is an Employee for the Trucking Company
If the driver in the accident is a bona fide employee with no ambiguity in the business relationship, then the logo liability issue is likely a non-factor.
The trucking company can be held responsible if, for example, they hired an inexperienced driver through insufficient pre-employment screening.
In addition to negligent hiring or negligent supervision, the company could also be held liable for failing to perform regular truck inspections.
Lack of appropriate driver qualifications or an inadequacy in driver compliance with safety regulations and standard industry practices can also give rise to liability.
Your lawyer will explore all the potential acts or omissions that led to the accident for which the trucking company can be held legally responsible to provide a range of monetary damages to you and your family.
How Do I Use Logo Liability If I Am Involved in an Accident with a Truck?
If you’ve been hit by a delivery truck or another large vehicle operated by an independent contractor, your claim for compensation would be filed with the contractor and the contractor’s liability insurance.
If the truck contains a trucking company logo, that’s a whole different ball game, especially if your injuries and losses exceed the insurance limits of what the contractor has in place, which can be likely.
Logo liability potentially enables you to pursue a claim against the trucking company in addition to the operator of the vehicle. Third-party liability may also attach to other entities apart from logo liability issues.
Among the various steps to take after a truck accident, you should ideally make sure to obtain the driver’s insurance coverage information and use your smartphone to take contemporaneous pictures and video of that driver’s vehicle that displays a company logo.
Then promptly contact a personal injury lawyer to conduct a comprehensive assessment of the accident and the parties involved to decisively move forward on your claim for monetary damages.
Who Can Be Held Responsible Under Logo Liability?
As explained above, logo liability means that a trucking company could be held potentially responsible for financial compensation amidst allegations of negligence or other malfeasance even when the individual operating the truck is an independent. Logo liability can be particularly relevant for leased trucks.
Although not conclusive, the logo implies that a trucking company has control or oversight on both the driver as well as the vehicle in terms of safe driving, proper vehicle upkeep, and adherence to safety regulations and other required protocols in the transportation industry.
Need A Truck Accident lawyer? Contact The Law Offices of Greg Prosmushkin, P.C.
Truck accident victims in Pennsylvania and New Jersey deserve skilled, compassionate, and responsive legal representation for the ordeal they are enduring. Competent counsel becomes a priority, moreover, when dealing with Insurance after a truck accident.
The Law Offices of Greg Prosmushkin, P.C., has successfully represented many truck accident victims by professionally guiding them through their claims, which includes pinpointing all the at-fault parties. Contact us to schedule a free consultation.