As drivers, we have all likely faced a plethora of advertisements while on the road, whether it be a giant billboard or a fancy new digital sign. However, one of the most common signs you might be faced with is those that you see on the sides of commercial trucks. Sure, it is a great method for promoting a business, but these images are more about self-promotion. They serve a crucial legal purpose and can impact the reach of liability in a truck accident.
Defining Logo Liability
When a commercial carrier that is transporting freight for compensation or people uses leased drivers and trucks instead of their own or rather than hiring an independent contractor instead of their own employee, logo liability comes into play. This means that, by using leases and independent contractors for transporting, a motor carrier could potentially limit their liability if a trucking accident were to occur. As a result of this, federal regulations exist that place restrictions on carriers when it comes to using leased trucks and independent contractors.
These regulations essentially make it necessary for all commercial trucks to display the carrier’s logo throughout the course of a lease and, as long as the logo is displayed on the truck, there will be a presumption of employee status.
What Does This Mean When Determining Liability in a Truck Accident?
How truck accidents that involve logo liability are handled can vary on location, though some basics remain true. Generally, if you are in an accident with a driver who is self-employed or is involved in some form of lease agreement with a carrier, you can always pursue compensation from the driver’s liability insurance. In cases where those damages exceed the policy’s amount, however, you might not be able to reach the carrier.
That said, after being involved in an accident with a commercial truck, if possible, make sure you obtain certain information, such as:
- Whether or not the driver is operating under a lease
- The names and contact information of all companies involved
- The display of logos or placards
Get Help With Your Truck Accident Claim Today
At Viloria, Oliphant, Oster & Aman L.L.P. in Reno, our truck accident attorneys have the knowledge and experience to handle all types of truck accident cases, including those that involve logo liability. If you were injured in a truck accident, you need skilled legal representation on your side to ensure you are able to recover the fair and just compensation you deserve.