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Trucking Industry Vicarious Liability

Amundsen Davis LLC

Ever-Changing Effects Of Sperl

Amundsen Davis LLC on

Sperl v. C. H. Robinson is back on our radar, this time addressing apportionment of fault and contribution in an interesting manner. It was only earlier this year that we reported on the Illinois Appellate Court’s ruling in...more

Amundsen Davis LLC

Brokers Beware: Findings Of Vicarious Liability May Nullify Ability To Seek Contribution

Amundsen Davis LLC on

Freight brokers have been on notice in Illinois since the Sperl v. C.H. Robinson decision came down in 2011 that they may be held liable for the actions of a motor carrier and its drivers. In Sperl, an Illinois Appellate...more

Benesch

InterConnect FLASH! No. 63 - Employee v. IC: Dual Role of Agent and Small Fleet Owner

Benesch on

The ‘Agent Model’ is commonly used by motor carriers operating with independent contractors (“ICs”) to increase capacity in various markets. The model allows the motor carrier to align certain increased costs; e.g., sales,...more

McNees Wallace & Nurick LLC

Potential for Vicarious Liability Under the Graves Amendment

The Graves Amendment is a federal statute that has traditionally shielded commercial motor vehicle leasing companies from most claims of vicarious liability. In August 2014, however, a New York court determined that a...more

Baker Donelson

Vicarious Liability of Motor Vehicle Lessors in Canada

Baker Donelson on

The equipment finance industry breathed a sigh of relief when Federal legislation was enacted in 2005 preempting state laws imposing vicarious liability on lessors of motor vehicles. That relief may have been premature if the...more

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