25 Apr UNDERSTANDING LOGO LIABILITY FOR TRUCK ACCIDENTS
Posted By Gruenberg Kelly Della || 25-Apr-2019
We usually think of car and truck accidents as straightforward events: The at-fault party commits some kind of wrongdoing, and tragedy ensues. However, most accidents are a lot more complicated than that in reality — especially when a large tractor trailer with a major corporate logo is involved.
Under the principle of logo liability, companies that lease trucks and take the time to emblazon their logos on them can be found liable for your truck accident injuries. Although these cases can become incredibly delicate and complex to navigate, our attorneys at Gruenberg Kelly Della are up to the challenge of helping you seek compensation after an accident, even if it involves a large truck carrier.
What Is Logo Liability?
Carrier companies have been using their truck fleets as moving billboards for decades now, advertising names, goods, and services even on the road. Because more than 90% of trucking industry is comprised of owner-operators, these small business owners often lease out their trucks and act as independent contractors for the bigger carrier companies.
In the past, carriers were able to deny any liability for a truck accident, simply by claiming that the actions of their independent contractors did not constitute true liability on their part. However, as more courts have recognized and upheld the principle of logo liability, that has begun to change. Starting with a regulation from the Interstate Commerce Commission, the idea went that authorized carriers with “placards” or “logos” on their vehicles are responsible for the drivers, even if they are independent contractors.
This is because many smaller owner-operators may spend the entire year working for a carrier company, rather than for their own business needs. Of course, not every jurisdiction applies logo liability in the same manner — and some courts have even begun to reject this principle, stating that the ICC regulation was not intended to disrupt the independent contractor relationship between carriers and truck drivers.
Call an Experienced Truck Accident Lawyer — (888) 305-6372
In New York, you will need to discuss your case with a seasoned truck accident attorney, to see if logo liability could apply in your case. While this principle can be difficult to prove, it often results in higher settlements, because carrier companies can usually afford to pay more for catastrophic injuries.
Whatever the details of your specific situation, our experienced team at Gruenberg Kelly Della will stand by your side. With over $100 million won on behalf of our injured clients, we know how to get the results you need in a complex truck accident. When building your case strategy, we’ll examine all the possible angles to maximize your chance of recovery.
Contact us today for a free initial consultation with our Long Island attorneys!