Freight Broker Liability in Truck Accidents
Freight brokers arrange shipments with trucking companies but do not usually drive or own trucks. Injured people sometimes claim a broker negligently selected an unsafe carrier. Courts are divided on whether federal law preempts those claims, so whether you can sue a broker depends heavily on where the case is filed.
What does a freight broker do?
A broker matches a shipper's load with a motor carrier and is paid for arranging the transport. Brokers must be registered with FMCSA. Because they choose which carrier hauls the load, a broker that hires a carrier with an obviously poor safety record may be accused of negligent selection.
Can you sue a freight broker after a truck crash?
It depends. The Federal Aviation Administration Authorization Act (49 U.S.C. 14501(c)) limits state laws related to a broker's services, but it has a safety exception for state regulation of motor vehicles. Federal appeals courts have reached different conclusions on whether negligent selection claims survive, and the law is still developing.
When is a broker more likely to be liable?
- The broker controlled how the driver did the job, making it more like a carrier.
- The carrier had clear red flags, such as a revoked or unsatisfactory safety rating.
- The broker held itself out as the carrier to the shipper.
Frequently asked questions
Can I sue the freight broker for my truck accident?
Possibly. Negligent selection claims against brokers are allowed in some federal circuits and blocked in others because of federal preemption, so the answer depends on where the case is heard.
Why would a broker matter if the carrier is already liable?
When the carrier's insurance is too small for serious injuries, a broker may be another source of compensation.
What is negligent selection?
A claim that the broker hired a carrier it knew or should have known was unsafe, for example one with a poor safety record or no valid operating authority.
How do I know if a broker was involved?
The bill of lading, rate confirmation and dispatch records show who arranged the load. The carrier may have been hired by a broker rather than directly by the shipper.
Is the law on broker liability settled?
No. Courts have disagreed on federal preemption, and the issue has been actively litigated in the federal appeals courts.