Leasing Vehicles to a Motor Carrier
As a Missouri truck accident lawyer, I am often asked questions by other lawyers regarding liability of leased tractor trailers. It is common when investigating truck accidents to find drivers leasing their trucks to the truck company he/she is driving for. This practice started many years ago by the truck companies with the hope of avoiding liability pursuant to the independent contractor defense.
Unfortunately for the trucking companies, this “scheme” no longer works in Missouri. The Missouri Department of Transportation (MoDOT) has created a special “Motor Carrier Division” to help address concerns like these. MoDot has a website that answers many questions in the Motor Carrier Services Frequently Asked Questions section. We can turn to these FAQ’s for guidance regarding the above concern.
If I lease my vehicles to a motor carrier what do I need to do?
“When the vehicle is leased, the lessee (motor carrier) is considered the operator of the vehicle. The lease should include the facts that the leased equipment is to be used solely by the lessee during the time of the lease and that the lessee controls the operation of the equipment including licensing, markings, insurance coverage, drivers, drivers' qualifications, drivers' hours of service and all related items to the same extent as if the lessee was the actual owner of the vehicle.
The lessee must accept responsibility to the public for any injury caused in the operation of leased equipment during the time of the lease, display appropriate vehicle markings and shall maintain and operate the leased equipment in accordance with state rules and regulations. When the lease is terminated, the lessee markings must be removed or done away with and the lease removed from the vehicle.”
In sum, if a truck driver leases his/her equipment to a truck company, the truck company is liable for injuries caused by tractor trailer accidents during the lease period. MoDot goes so far as to state, “The Lessee must accept responsibility to the public.” Those are serious and strong words.
As an experienced Missouri truck accident lawyer, I am happy to discuss your case with you and answer any questions you may have. If requested, I will immediately alert our truck accident team and begin taking the same action as the truck company and their insurance company.
The call and consultation are free. I can be reached 24 hours a day at 314.322.8515 or toll free at 1.800.500.INJURY (4658). Call me personally and I will answer all the questions and concerns you may have. There is no fee unless we recover for you.
If you don’t want to call or you can't call, you can email me at john@pagecagle.com. I look forward to speaking with you and helping you through these trying times. You can also visit www.TruckAccidentLawGroup.com for more information.
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