Billboards in the digital age can now see what you’re doing as you drive down the highway in the United States. Leaving aside the creepiness of that, the most common type of roadside advertising is that which appears on the trucks that pass you by.
These symbols have legal significance in addition to being a technique of self-promotion. Under the concept of brand liability, the images displayed on a vehicle may eventually decide the level of liability following a truck accident. Continue reading to learn more about logo responsibility and how it may effect you or your loved ones in the event of a truck accident.
The Company’s Trademarks and Logos Are Legal
When a commercial carrier transports people or freight for a charge and uses leased trucks and drivers rather than their own, or engages an independent contractor to drive their own trucks rather than an employee, logo responsibility is at stake. Independent contractors, unlike employees, are often not held liable for the activities of their employers.
In other words, if a motor carrier uses leases and independent contractors to deliver freight, it may be able to lessen its risk in the event of a trucking disaster. As a result, carriers who use non-owned trucks and drivers face additional restrictions under federal law. In reality, it requires that such a lease include the following information:
For the duration of the lease, the lessee shall have complete control and ownership of the equipment, as well as full responsibility for its operation.
When interpreting these constraints, many courts have developed the concept of logo liability, which states that cars must display the carrier’s mark during the leasing time. When the emblem is placed on a truck, there is a presumption of employee status in terms of carrier obligation.
The Views of Different Jurisdictions on Logo Liability
The federal agency in charge of developing the underlying regulations has began to question the logo liability rule’s legality now that it has been established by the courts. There is no evidence that the former Interstate Commerce Commission (which has since been divided into many groups) intended to create an employee-employer relationship, which has influenced the doctrine in some states.
Under existing legislation, there is a presumption that trucking businesses, which could be held liable for occurrences involving their vehicles, are employers. One limitation to this rule is that it may only produce an employer-based responsibility presumption that can be rebutted by an independent commercial transportation provider in select countries.
What are your thoughts on this?
The regulations governing brand liability may differ depending on the state in which a truck accident occurred, affecting whether or not victims can seek compensation from the carrier business. For instance, a truck driver fatigue related accident lawyer might be needed in some cases.
If the truck driver is self-employed or has another relationship with a carrier, compensation from the driver’s liability insurance may be available. However, if your damages surpass the policy limits, you may be unable to contact the insurer due to local regulations. However, it is still vital to collect as much information as possible after a truck accident, such as:
Whether or not the driver is driving a leased vehicle
All parties involved, including lessors, must provide identification and contact information.
It is forbidden to display any signs or trademarks (document these with pictures if possible)
While gathering this information, keep in mind the other steps you should take following an accident.
Do You Have Doubts About the Legality of Your Company’s Logo? Consult an attorney as soon as possible!
Truck accidents can be difficult to litigate because to the large number of parties involved and the severity of the injuries and damages that may result. Fortunately, there are vehicle accident personal injury lawyers that can assist you comprehend your state’s logo responsibility rules and seek compensation for your damages.