What Is Broker Liability in a Truck Accident?

With a deep understanding of Delaware truck accident cases, the skilled attorneys at Silverman, McDonald & Friedman are dedicated to advocating for the rights of individuals who have been injured in truck accidents. Our firm is equipped with extensive legal knowledge and a wealth of experience to provide strong representation and support. Call our truck accident lawyers in Wilmington, Newark, or Seaford for help.

Truck broker liability is a complex legal area that involves the responsibility of brokers in arranging transportation services for commercial trucking operations. When it comes to truck accidents, understanding broker liability is crucial to determine who may be held accountable for injuries or damages. Navigating this legal landscape can be challenging without the expertise of a qualified lawyer who specializes in trucking and personal injury law. By enlisting the assistance of a skilled attorney, you can ensure that your rights are protected, liability is appropriately assessed, and you receive the compensation you deserve.

What is a truck/freight broker?

A broker is defined as a person who, for compensation, arranges or offers to arrange the transportation of property through an authorized motor carrier. These brokers, also known as third-party logistics providers, earn a profit by paying the motor carrier less than the amount allocated by the shipper to transport the load. This profit motive creates an incentive for brokers to engage smaller, financially vulnerable motor carriers.

When it comes to collisions involving tractor-trailer trucks, the safety rating of a five-star crash-rated car becomes almost irrelevant. These accidents typically result in catastrophic injuries or even fatalities. The problem is further compounded when the trucking company involved operates as a small-scale, independent business, as their mandatory insurance coverage may be insufficient, often as low as $750,000.00. Which means that it is likely that not all of your bills or money lost due to the accident will not be covered.

In such instances, it is crucial for a truck accident lawyer to carefully review the bill of lading (detailed list of a shipment of goods) pertaining to the specific shipment and investigate whether the load was brokered through an intermediary company.

Carriers with weak financial positions in previous years tend to exhibit poorer safety performance in subsequent years. Financially unstable carriers are more likely to cut corners on vehicle maintenance and disregard driver hours of service regulations, compromising overall safety.

These factors highlight the importance of legal intervention in cases involving truck accidents. An experienced truck accident lawyer can navigate the complexities of determining liability, investigate the involvement of brokers and their impact on safety standards, and pursue appropriate legal action to ensure victims receive fair compensation for their injuries and losses.

What are brokers liable for?

In certain situations, brokers may be held liable for their role in a truck accident. Here are some key points regarding broker liability.

• Duty of care. Brokers have a duty to exercise reasonable care when selecting carriers to transport goods. This includes ensuring that carriers have proper licensing, insurance coverage, and a history of safe operations. Brokers must also assess carrier qualifications, safety records, and compliance with industry regulations.
• Negligent hiring. If a broker fails to conduct reasonable due diligence or negligently selects an unsafe or unqualified carrier, they may be held liable for any accidents or injuries caused by the carrier’s negligence. This can include accidents resulting from driver fatigue, inadequate maintenance, or violations of safety regulations.
• Vicarious liability. In some cases, brokers can also face vicarious liability for the actions of the carriers they hire. If the carrier is deemed to be an agent of the broker or operates under the broker’s authority, the broker may be held responsible for the carrier’s negligent actions.
• Breach of contract. Broker liability may also arise from a breach of contract between the broker and the shipper. If the broker fails to fulfill their contractual obligations, resulting in a truck accident, they may be liable for any resulting damages.
• Legal recourse. Victims of truck accidents involving broker liability can pursue legal action against the broker to seek compensation for their injuries, medical expenses, lost wages, pain and suffering, and other damages. It is important to consult with a qualified personal injury attorney experienced in truck accident cases to evaluate the specific circumstances and explore legal options.

It is worth noting that broker liability laws can vary by jurisdiction, and the specific circumstances of each case will determine the extent of a broker’s liability. Consulting with a knowledgeable attorney can help assess liability, navigate the legal process, and advocate for the rights of those injured in truck accidents involving brokers.

How can a Delaware truck accident attorney help me?

When you’re involved in a truck accident, an attorney can provide crucial assistance by investigating the incident, gathering evidence, and determining liability. They can also help evaluate the involvement of truck brokers and their potential liability in arranging transportation services. With their expertise in truck accident cases and knowledge of truck broker liability, an attorney can guide you through the legal process, advocate for your rights, and help you pursue the compensation you deserve for your injuries and damages.

Additionally, an attorney can assist you in dealing with insurance companies and ensuring that you receive fair compensation for your injuries, medical expenses, lost wages, and other damages resulting from the truck accident. They can negotiate with the involved parties on your behalf and build a strong case to support your claim. In cases involving truck broker liability, an attorney will investigate whether the broker exercised due diligence in selecting competent and responsible motor carriers, potentially holding them accountable for any negligence in their selection process. Having an attorney by your side can provide you with the necessary legal guidance and support during this challenging time, increasing your chances of a favorable outcome and a fair resolution to your case.

If you have been involved in a truck accident in Delaware, our team of attorneys at Silverman, McDonald & Friedman is ready to assist you. With our experience in holding negligent parties accountable, including truck brokers, we will diligently investigate your case and pursue all liable parties. Our goal is to help you secure the compensation you deserve. Contact us today by calling us or filling out our contact form for a free case review. We are available to provide our legal representation services from our offices in Wilmington, Newark, and Seaford.