{"id":353134,"date":"2016-12-12T16:37:42","date_gmt":"2016-12-12T21:37:42","guid":{"rendered":"https:\/\/content.findlaw-admin.com\/ability-law\/injury\/car-accidents\/what-is-logo-liability-in-a-trucking-accident.html"},"modified":"2023-08-14T17:51:22","modified_gmt":"2023-08-14T22:51:22","slug":"what-is-logo-liability-in-a-trucking-accident","status":"publish","type":"page","link":"https:\/\/www.findlaw.com\/injury\/car-accidents\/what-is-logo-liability-in-a-trucking-accident.html","title":{"rendered":"What Is Logo Liability in a Trucking Accident?"},"content":{"rendered":"\n
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What Is 'Logo Liability' in a Trucking Accident?<\/h1>\n
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\n By Sarah Williams, J.D.<\/a> | Legally reviewed by Katrina Wilson, Esq.<\/a>\n | Last updated\n
\n \n <\/i>\n Legally Reviewed\n <\/summary>\n\n
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This article has been written and reviewed for legal accuracy, clarity, and style by FindLaw\u2019s team of legal writers and attorneys<\/a> and in accordance with our editorial standards<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n\n

\n \n <\/i>\n Fact-Checked\n <\/summary>\n\n
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The last updated date refers to the last time this article was reviewed by FindLaw or one of our contributing authors<\/a>. We make every effort to keep our articles updated. For information regarding a specific legal issue affecting you, please contact an attorney in your area<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n<\/section>\n

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<\/a> and collect data.<\/p>\r\n

But the majority of advertisements are on the road next to you, plastered on the side of commercial vehicles.<\/p>\r\n

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

The Theory of Logo Liability<\/h2>\r\n

Commercial carriers are responsible for truck accidents caused by their employee’s negligence. <\/a>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.<\/p>\r\n

But, things change when independent contractors<\/a> 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.<\/p>\r\n

So why don’t all commercial carriers use independent contractors to transport freight?<\/p>\r\n

Federal regulations and laws <\/a>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.<\/p>\r\n

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<\/a> for the driver regardless of ownership or employment status. This ensures fair compensation for truck accident victims.<\/p>\r\n

Logo Liability in Different Jurisdictions<\/h2>\r\n

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.<\/p>\r\n

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.<\/p>\r\n

Federal regulators seem to agree with the minority. The Interstate Commerce Commission<\/a> (ICC) amended this rule in 1986, noting the statute was not intended to create an employee relationship.<\/p>\r\n

Commercial Vehicle Oversight and Safety Regulations<\/h2>\r\n

The Federal Motor Carrier Safety Administration<\/a> (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<\/a> per million people in the United States in 2020. This is a 27% increase from 10.6 per million people in 2010.<\/p>\r\n

What Does This Mean for You?<\/h2>\r\n

The location of an accident<\/a> can affect a truck accident victim’s ability to recover:<\/p>\r\n