Litigating Broker Liability for Trucking Accident Injury Claims: Theories of Liability, Defenses, Preemption

Description

Plaintiffs are increasingly suing and recovering claims for negligent selection or hiring of carriers and vicarious liability. Negligent selection happens when the broker selects a carrier that. A property broker can also be held vicariously liable if it retains the right to control the motor carrier.

Some brokers argue that a motor carrier has operating authority with the Federal Motor Carrier Safety Administration means they are safe and qualified. Other brokers may also rely on a motor carrier's adequate rating and crash history with the Federal Motor Carrier Safety Administration is sufficient assurance and proof that the carrier will operate safely with adequately trained drivers. Brokers may examine motor carriers' safety records, sometimes using third-party services like SaferWatch or Carrier411, in addition to the information publicly available through the Federal Motor Carrier Safety Administration. Using these practices and tools, plaintiffs seek to learn whether the broker has developed a policy around its data; if not, the revelation requires a response argument from the defense.

Added into this mix, several federal district courts, but no circuit courts, have found that the FAAAA preempts these types of claims. On the other side, that the FAAAA contains wording that appears not to restrict the safety regulatory authority of a state concerning motor vehicles. Historically, federal courts have held as a matter of law that recognizing claims for negligent selection and hiring is a valid exercise of state police powers, including one federal circuit court.

Listen as this experienced panel guides counsel through making or defending the case against brokers and, in some cases, shippers.