Can logo liability affect compensation for truck accident injury?
The majority of employees today are just that, employees, which assumes that their employer has some sort of responsibility, or liability for their actions. However, some employees, are not traditional employees – they are what are known as independent contractors. Independent contractors are not traditionally help to the same standards as regular employees. This matters in instances where an independent contractor is involved in a truck accident causing injury to the other driver and passengers.
Many people who work for delivery companies, for example FedEx, are not employees at all. They are actually independent contractors who are not held to the same standards as regular employees. This is where logo liability comes into play. Logo liability is a section of law that seeks to assign responsibility to the appropriate parties after truck accident injury, for instance, the employer of delivery company whose logo is on an independent contractors truck.
What this means is that in a situation where an employer of an independent contractor would hold very little, if any liability, for the contractor’s actions – they are held to a higher standard. This prevents employers of independent contractors from walking away from a situation that would otherwise render them liable if their employee was a full time at-will employee. The appropriate parties can be held responsible when a motorist is injured in a collision with a delivery truck. This means who liability can be found and thus potentially more damages for the injured party.
It is somewhat unconscionable to think that a large delivery company could completely avoid all liability when their freight is moved by independent contractors. In reality, it is their freight the independent contractor is carrying so the logo law allows for some potential level of liability. If you are unsure if a driver in a truck accident was an independent contractor or an at-will employee, it is important to find out. It can make a big difference in how an injured party seeks damages.
Source: injury.findlaw.com, “What is ‘Logo Liability’ in a Trucking Accident,” Accessed March 13, 2017