After an accident, it is common for everyone to try and know about the party responsible for it. The situation after a devastating truck accident can be very complicated. There will be doubts as to whether the truck driver or the trucking company is liable for the accident. In certain cases, the name of the party responsible for the accident will be printed as a logo on the side of the truck, and this is called logo liability in some of the states.
In a normal car accident, it will be the car driver or the owner who will be held liable for the accident. However, in a trucking accident, the driver may not be the owner of the truck necessarily, and there might be the trucking company and many other parties which can be liable instead for the accident. The trucking companies may hire independent contractors rather than taking drivers as direct employees. The drivers will be working for the trucking company, but they will be in a lease agreement with the contractor who hired them.
The Concept of Logo Liability
In the normal traditional system, if an accident happens because of the negligence of an independent contractor who is working for a company, the contractor can be held responsible, but the company cannot. However, in the case of commercial vehicles like trucks, the company can be held liable for the negligence of the contractor.
According to the logo liability clause, which is also called placard liability, the company of which the logo is present on the side of a truck will be responsible for the accidents caused by the truck, even when it was the mistake of the driver who might or might not be an independent contractor. Logo liability is based on a provision made by the Interstate Commerce Commission, according to which an authorized carrier lessee will be responsible for the working of equipment in the lease period.
In many cases, the court has left out the theory of placard liability, and it is followed only in some cases. In California, logo liability is not followed in any kind of cases. Though it is such, the outcome of some of the cases can be the same as that of a logo-liability-applied-case. The carrier agreements related to the truck will play a significant role in determining liability.
If you were injured in a truck accident, get in touch with a truck accident attorney as early as possible. He will be able to guide you in finding the liable parties and winning just compensation for your injuries.