What Is 'Logo Liability' in a Trucking Accident?

You will see many advertisements if you drive on any roadway in America. From giant donut signs to billboards, it's unavoidable. Smart billboards can now look back at you and collect data.

But the majority of advertisements are on the road next to you, plastered on the side of commercial vehicles.

Under the concept of logo liability, the images displayed on a truck could determine who is liable after a commercial truck accident. This article defines logo liability and how it could affect you or your loved ones in case of a truck accident.

The Theory of Logo Liability

Commercial carriers are responsible for truck accidents caused by their employee's negligence. This means that the employer pays for damage caused by an employee performing duties under the business owner's control. For example, if a trucking company's driver negligently causes an accident, the company is liable for the truck accident claim.

But, things change when independent contractors drive their own trucks (owner-operator). In this case, the carrier may not be liable. Logo liability comes into play when a commercial carrier uses leased trucks and drivers instead of their own employees.

So why don't all commercial carriers use independent contractors to transport freight?

Federal regulations and laws place special restrictions on carriers when using trucks and drivers that are not their own. Commercial vehicles leased from an independent contractor must display the carrier's logo.

In practice, this means a court assumes a driver in a truck with a carrier's logo is an employee when determining liability. This way, the truck carrier is responsible for the driver regardless of ownership or employment status. This ensures fair compensation for truck accident victims.

Logo Liability in Different Jurisdictions

In most courts, logo liability means the judge or jury assumes the carrier is a driver's employer. The carrier cannot rebut this presumption. This ensures that people who experience catastrophic injuries in a truck accident can recover damages. It also gives the family members of someone who dies in a trucking accident a better chance in a wrongful death suit.

But a few jurisdictions view logo liability differently. Like the majority, they say a logo on the truck creates a presumption that the carrier is the driver's employer. But in these courts, the carrier can provide evidence to contradict that assumption.

Federal regulators seem to agree with the minority. The Interstate Commerce Commission (ICC) amended this rule in 1986, noting the statute was not intended to create an employee relationship.

Commercial Vehicle Oversight and Safety Regulations

The Federal Motor Carrier Safety Administration (FMCSA) enforces safety regulations to minimize bus and large truck accident cases. The FMCSA collaborates with federal and state agencies, the trucking industry, and labor and safety groups. There were 13.49 fatal large truck crashes per million people in the United States in 2020. This is a 27% increase from 10.6 per million people in 2010.

What Does This Mean for You?

The location of an accident can affect a truck accident victim's ability to recover:

• Property damage
• Medical bills
• Medical expenses

After a case review, a truck accident lawyer can help figure out the responsible parties. Suppose you're in a car accident with a self-employed tractor-trailer or semi-truck driver. In that case, you can always seek recovery from the driver's liability insurance company. But in those cases where your damages exceed the policy amount, you may not be able to reach the carrier, depending on your jurisdiction.

Still, it's important to obtain all possible information after a truck accident, such as:

• The commercial driver's insurance and driver's license information
• The names and contact information of all companies involved (including lessors)
• The display of any logos or placards (document these with pictures if possible)

Do not try any roadside negotiations with the other driver (trucker). Get medical help for any truck accident injuries, and remember the other steps you should take after any accident.

Contact a Truck Accident Attorney for Legal Help

Truck accidents are complicated due to the number of liable parties that can be involved. Personal injury attorneys specializing in motor vehicle accidents can inform you about the logo liability rules in your area. A personal injury lawyer can provide a free case evaluation before forming a client relationship.