A typical car accident involves one or more drivers operating vehicles they either own, rent, or borrow and the collision falls within the scope of the vehicle owner’s liability insurance. In truck accident cases, however, the driver is more often not the vehicle owner.
Rather than hiring employees, trucking companies often hire independent contractors as drivers. By using lease and independent contractors to transport freight, a trucking company could theoretically minimize its liability if a trucking accident occurs. Due to this tactic, the Interstate Commerce Commission places special restrictions on commercial carriers using trucks and drivers that they do not own.
According to “logo liability”, an authorized carrier lessee shall be entirely responsible for the operation of the equipment during the lease period. During a lease or other work by an independent contractor, the vehicles involved must display the logo of the commercial carrier that contracted with them throughout the period of service. This essentially creates liability similar to that which a company would have for an employee.
However, the doctrine of logo liability has been questioned, challenged, and is not used equally in all jurisdictions. Whether you can even use logo liability in your claim will depend in part on where the crash occurred.
With all of the potential parties involved and the injuries and damages they can cause, truck accidents can be quite complex. If you have been injured in a truck accident in Oklahoma, our experienced legal team at Martin, Jean & Jackson can evaluate your case, determine all of your available legal options, and build a strong case to help you obtain a maximum settlement. Let us help you navigate the intricacies of the legal system and help you make a successful recovery from injury.
For more information about our legal services, contact us and schedule a free consultation today.