Broker Liability in a Truck Accident Case
In a truck accident case, the broker, who is the intermediary between the shipper and the carrier, may also be held liable for the accident under certain circumstances. Here are some examples of when a broker may be held liable in a truck accident case:
- Negligent Hiring: If the broker knew or should have known that the carrier was not qualified or did not have a good safety record, the broker may be held liable for negligent hiring. For example, if the carrier had a history of safety violations or had a poor safety rating, the broker may be held liable for hiring the carrier.
- Failure to Verify Carrier Information: Brokers are required to verify the carrier’s information, including its safety record, insurance coverage, and authority to operate. If the broker fails to verify this information and the carrier is involved in an accident, the broker may be held liable for negligence.
- Co-Employment: In some cases, the broker may be considered a co-employer of the driver or carrier. This can occur if the broker exercises control over the driver or carrier, such as by setting the rates or determining the route. If the broker is considered a co-employer, it may be held liable for the driver’s or carrier’s negligence.
- Failure to Monitor: Brokers are required to monitor the carrier’s compliance with federal regulations, including hours of service, rest breaks, and other safety requirements. If the broker fails to monitor the carrier’s compliance and the carrier is involved in an accident, the broker may be held liable for negligence.
In conclusion, brokers may be held liable in a truck accident case if they engage in negligent hiring, fail to verify carrier information, are considered a co-employer, or fail to monitor the carrier’s compliance with federal regulations.
If you or a loved one has been involved in a truck accident, it is important to work with an experienced personal injury attorney who can help you determine whether the broker may be liable for the accident and help you pursue compensation for your injuries and damages. Henderson Law is ready to discuss your truck accident case with you. Please call today to schedule an initial consultation.