When a commercial truck accident happens, life can change in an instant. The injuries are often severe, the medical bills start piling up, and the trucking company’s insurance may not come close to covering the damage. In situations like this, it is natural to wonder who else might share responsibility for putting an unsafe truck on the road. One of the most overlooked players is the freight broker, the company that connects shippers with trucking carriers.
For a long time, brokers were seen as untouchable in personal injury cases. That is no longer the case. Courts are taking a closer look at how brokers operate, and when their decisions contribute to a crash, they can be held accountable.
The Function of a Freight Broker
To understand why a broker might be liable, it helps to know what they actually do. A freight broker is essentially a matchmaker. A company needs to move goods from one place to another, and a trucking carrier needs loads to haul. The broker sits in the middle and brings the two together.
Brokers do not own trucks, they do not employ drivers, and they do not physically handle the freight. Because of this, they often argue that they cannot be responsible for what an independent contractor does on the road. While that argument still comes up, it is not the whole story. Brokers have specific responsibilities, and when they ignore them, they can be pulled into a lawsuit.
Negligent Hiring and Selection
The most common way to hold a broker liable is through a negligent hiring or negligent selection claim. A broker may not be responsible for a driver’s split-second mistake, but they are responsible for choosing which carrier to hire in the first place.
A responsible broker should make sure the carrier is safe, properly licensed, and competent. If a broker hires a company with a poor safety record simply because they offered a cheap rate, that decision can have serious consequences.
To prove negligent hiring, attorneys look at several things:
- Whether the broker checked the carrier’s FMCSA safety rating
- Whether the broker reviewed the carrier’s history of violations
- Whether the broker verified insurance coverage
- Whether the broker ignored warning signs such as repeated logbook violations, failed drug tests, or mechanical issues
Some carriers even shut down after a bad safety audit and reopen under a new name. This is known as becoming a chameleon carrier. A careful broker should be able to spot this. If they do not, and someone gets hurt, that failure can become a key part of the case.
Agency Theory and Vicarious Liability
Another way a broker can end up on the hook is through what lawyers call agency theory. In simple terms, this looks at how much control the broker had over the driver’s day‑to‑day work. A broker can label a carrier an independent contractor all they want, but if they act like a boss and treat the driver as part of their operation, the law may treat them that way too.
Courts look at questions such as:
- Did the broker determine the route?
- Did the broker require frequent check-ins?
- Did the broker impose strict delivery deadlines with penalties?
- Did the broker require the driver to help load or unload the cargo?
If the broker exercises enough control, the driver may be considered a de facto employee. In that situation, the broker can be held vicariously liable for the driver’s negligence, just as a trucking company would be.
This type of claim requires a close look at contracts, emails, text messages, and phone logs. The goal is to understand how much authority the broker actually had during the trip.
Why Pursuing the Broker Matters
You may wonder why it is worth suing the broker if the trucking company is already involved. The answer usually comes down to insurance and financial resources.
Most trucking companies carry the minimum required insurance, which is often seven hundred fifty thousand dollars. That may sound like a lot, but it is rarely enough for crashes involving multiple vehicles or life-changing injuries.
Brokers, on the other hand, often have:
- Additional liability insurance
- Contingent coverage
- Significant corporate assets
Including the broker in the lawsuit can open the door to more coverage. This can make a major difference in whether a victim receives full compensation for medical bills, lost wages, and long-term care.
Federal Preemption Defenses
Suing a broker is not always straightforward. One of the biggest challenges is the Federal Aviation Administration Authorization Act, often called the FAAAA. This law limits states from regulating the prices, routes, or services of motor carriers and brokers.
Defense attorneys often argue that a personal injury lawsuit interferes with federal regulation and should be dismissed. Courts across the country are divided on this issue, but many have ruled that safety-based claims are not preempted. Their reasoning is simple. Holding a broker accountable for negligent hiring does not regulate their prices or routes. It simply requires them to act with reasonable care.
Because the law is still developing, it is important to work with attorneys who understand how to navigate these defenses.
The Evidence Required to Win
Building a case against a broker requires quick action. Police reports rarely mention the broker, so attorneys must dig deeper to uncover their involvement.
Important evidence includes:
- Load sheets or rate confirmation sheets that identify the broker
- The broker’s internal hiring guidelines
- The carrier’s FMCSA safety data at the time of the crash
- Communication logs between the broker and the driver
- Records showing whether the broker pressured the driver to speed or violate hours of service rules
To make sure this information is not lost, attorneys send spoliation letters to all parties. These letters legally require companies to preserve electronic and physical records. Emails, dispatch notes, and internal safety documents can be crucial in proving that the broker played a role in the events leading to the crash.
Truck accident cases are rarely simple. They often involve multiple companies, layers of insurance, and complicated federal regulations. While the truck driver may have caused the collision, the company that put that driver on the road may share responsibility. If a freight broker ignored safety risks, failed to vet a dangerous carrier, or exercised too much control over the driver, they should be held accountable. By looking at every possible source of liability, including the broker, victims have a better chance of receiving the compensation they need to rebuild their lives.
At Pencheff and Fraley, we are committed to investigating every potential source of liability to maximize your recovery. We know how to dig through the corporate paperwork to find the link between a negligent broker and your injuries. If you need assistance with a truck accident claim or have questions about liability, contact our experienced attorneys at Pencheff and Fraley. We are ready to fight for the compensation you deserve.
Visit our offices at:
- 4151 Executive Pkwy, Suite 355, Westerville, OH 43081
- 33 S. Lexington-Springmill Rd, Mansfield, OH 44906
Call now for a free consultation on (614) 224-4114.
