When a third party broker or shipper’s actions create hazards for other vehicles on the road in Colorado, these additional parties may be able to be held accountable after a truck crash with an injury lawsuit. Shipping, brokering, and logistics professionals can at times be considered directly liable for the harm done in a truck wreck due to negligent hiring practices, unsafe loading issues, or breach of contract.
Colorado Truck Accident Guide
- What Is a Truck Broker?
- What Is a Truck Shipper?
- When Can a Shipper or Broker Be Liable for a Colorado Truck Accident?
- How to Find the Best Truck Accident Lawyer Near Me
What Is a Truck Broker?
Not every company has the size and wherewithal to manage all of their own logistics. Because of this, they may contract with a third party provider like a truck broker or shipper. A truck or freight broker acts as a middleman to connect shippers with carriers. They might recommend or hire trucking companies, connect drivers to manufacturers, or track and handle logistics.
Truck brokers do not always have hands-on experience behind the wheel. Their main qualifications are experience in the logistics industry, proof of insurance, and a brokerage license from the Federal Motor Carrier Safety Administration (FMCSA). Because of this, they may not always be as experienced in what it takes to be a safe truck driver. They may also recommend lower-cost services to their clients in order to win bids and keep pocketing commissions. When their recommendations are unsafe or lead to harm on Colorado roads, it may at times be possible to hold them liable with an injury lawsuit.
What Is a Truck Shipper?
Most manufacturers do not load their products directly onto their own trucks. For some companies, truck shippers fill the void between production, packing and delivery. Truck shippers are an additional party that cosigns goods and products to the carrier. They may contract with drivers or trucking companies in order to complete the delivery once the goods have been packaged and assigned. Truck shippers can be in charge of packaging, loading, decisions about size and scale of transportation, and ensuring safe delivery.
When Can a Shipper or Broker Be Liable for a Colorado Truck Accident?
It can be difficult to hold a broker or shipper liable after a crash, but doing so can bring considerable relief to an injured client. Brokers and shippers may have deeper pockets than smaller trucking companies or individual drivers. Because of the catastrophic consequences of most truck accidents, pursuing compensation from parties with the ability to pay is of the utmost importance. After a truck crash, some injured clients may need lifelong care and disability accommodations. An experienced Colorado truck accident attorney will examine every possible route for pursing compensation for their clients’ injuries.
However, holding a broker or shipper liable for harm done after a trucking accident comes with its own set of challenges. Currently, courts are divided on interpretations of broker and shipper protections under the Federal Aviation Administration Authorization Act (F4A). This federal statute prohibits states from enacting any law or regulation related to the price, route or service of any motor carrier, broker or freight forwarder. While there is a safety exemption for motor vehicles, in recent years both the 11th Circuit Court of Appeals and Georgia district court have ruled that F4A effectively preempts brokers and shippers from being held liable under personal injury law claims.
However, in 2022, the Supreme Court declined to hear a petition for appeal after the 9th Circuit held that a negligence claim by a quadriplegic plaintiff against a truck broker after an accident on icy Nevada roads could remain. This case, Miller v. C.H. Robinson Worldwide, Inc., 976 F.3d 1016 (9th Circ. 2020), cert. denied signaled that the safety exemption to F4A may well be a viable path forwards to holding brokers and shippers liable for the harm done after a motor carrier collision.
Brokers and shippers must follow all Federal Motor Carrier Safety Regulations (FMCSR) and take reasonable care when selecting or hiring trucking companies and drivers. For instance, in Miller, the plaintiff’s claim for broker liability hinged on a history of unsafe practices and prior FMCSA violations. In that case, over 40% of the trucks that the broker had selected were deemed illegal when stopped on the road for random inspections. The company had a record of numerous hours of service violations, and they were found to have been falsifying data in log books. Miller, 976 F.3d at 1021.
It is important to note that the Miller decision was broker-specific and did not constitute a blanket ruling, although it might indicate a potential pathway for similar claims. Examples include instances of:
- Breach of contract: Brokers may agree to certain safety provisions in their contracts with companies. If those conditions are violated, and that causes an accident, then it may be possible to hold a broker accountable with an injury lawsuit.
- Negligent carrier hiring and/or selection: Negligent hiring practices from brokers or shippers can endanger everyone the roads. Brokers that push lower-cost but inexperienced drivers, or trucking companies with past records of safety violations onto their clients may be acting negligently. Proving liability hinges upon whether or not the broker/shipper knew or should reasonably have known about these past violations.
- Acting like a carrier: Carriers tend to be named defendants in trucking industry lawsuits because they carry more direct responsibility for what occurs on the road. If a broker has taken on certain carrier roles, such as controlling the route, mandating certain equipment be used, hiring drivers, or other operational aspects, then they may be considered liable after an accident.
- Loading issues: Shippers can contribute to hazardous conditions such as overbalancing trucks with unsafe loading practices. If the distribution of cargo contributed to a tip-over, then the shipper may be liable.
Other Third Parties Who May Be Liable for a Truck Accident
When building your claim for compensation, Frank Azar Car & Truck Accident Lawyers will consider every possible angle to pursue compensation for your claim. Under the theory of vicarious liability, a trucking company is considered responsible for negligent actions of their own employees during the reasonable scope of their duties. For truck drivers, this might mean when they are behind the wheel. For trucking mechanics, this might mean at the body shop, when they use shoddy parts or do not perform routine maintenance.
Some examples of additional third parties who might be held accountable after a trucking crash include:
- Mechanics, such as those who certify wrongfully that a vehicle is road ready.
- Maintenance providers, when they fail to maintain certain elements of semi-truck or 18-wheeler.
- Auto parts manufacturers, when faulty design leads to disaster.
- Government entities, when federal, state, or municipal transportation authorities fail to maintain safe infrastructure. Examples might include poor road design, unsafe curves, bridge collapse, uneven pavement, lack of cleanup after storms, and any number of hazards.
- Additional companies, when roadway debris or secondary hazards cause a crash.
How to Find the Best Truck Accident Lawyer Near Me
Frank Azar Car & Truck Accident Lawyers has offices throughout Colorado, so we’re always nearby when you need us. Reach out to us in Aurora, Colorado Springs, Denver, Fort Collins, Glenwood Springs, Greeley, Grand Junction, Lakewood, Littleton, Longmont, Pueblo, and Thornton at any time.
Let Frank Azar Car & Truck Accident Lawyers Help
Frank Azar Car & Truck Accident Lawyers aggressively pursues compensation from all viable sources. We look after our clients’ interests by examining areas that other firms might miss, and are skilled negotiators for your rights after an injury. Don’t miss out on a possible source of compensation by working with an inexperienced or inattentive truck accident law firm. Frank Azar Car & Truck Accident Lawyers is available for a free consultation to explore your options.
