Understanding Broker Liability in Trucking Accidents

Home Understanding Broker Liability in Trucking Accidents

In 2021 alone, commercial truck crashes in the United States resulted in over 100,000 injuries and tragically claimed more than 5,000 lives. When these devastating accidents happen, identifying everyone responsible isn’t always straightforward. While the trucking company and driver are often named in accident reports, there’s sometimes another key player involved – one that’s easy to overlook.

That party is the broker, the middleman who connects shippers with trucking companies. Brokers can be individuals or businesses, and their job is to match loads that need transporting with trucking companies that can haul them. But what happens when a broker hires a trucking company with a poor safety record? The consequences can be deadly – and in those cases, brokers may also bear responsibility.

Unfortunately, many trucking companies don’t carry enough insurance to cover catastrophic injury or wrongful death claims. This is a serious and growing concern, and it makes identifying all liable parties, including brokers, even more critical for victims and their families seeking justice.

When a broker puts a dangerous trucking company on the road, there are typically two main types of legal claims that can be brought against them:

Negligent Selection

When it comes to commercial trucking accidents, one of the lesser-known but incredibly important legal concepts is that of negligent selection – especially when applied to freight brokers.

While trucking companies and drivers are often the first parties investigated after a crash, brokers can also be held accountable if they played a role in putting unsafe carriers on the road. That’s where negligent selection comes into play.

Negligent selection means the broker failed to reasonably vet or investigate a trucking company’s safety record before hiring them to transport goods. In legal terms, it means the broker should have known that the carrier they chose posed a danger to others on the road – but hired them anyway.

This isn’t just a paperwork issue. When brokers cut corners or fail to check whether a trucking company has a history of safety violations, expired insurance, poorly maintained equipment, or unqualified drivers, they’re putting lives at risk. It is a broker’s responsibility to reasonably vet the trucking companies they utilize.

What Does “Reasonable Vetting” Look Like?

When brokers arrange transportation for freight, they are doing more than just connecting a shipper to a trucking company – they’re making a safety decision that could impact everyone on the road. That’s why brokers are expected to exercise reasonable care in choosing who they hire. This is called responsible vetting, and when done properly, it can prevent dangerous carriers from being put behind the wheel.

Let’s break down what “responsible” means in this context.

There are some key steps in a broker practicing responsible vetting. Before hiring a trucking or freighting company, a broker should:

Check FMCSA Safety Records – The Federal Motor Carrier Safety Administration (FMCSA) provides a wealth of safety data that brokers can—and should—review:

Safety Measurement System (SMS) scores: This includes categories like Unsafe Driving, Hours of Service Compliance, Vehicle Maintenance, and Crash Indicators.
Out-of-Service Rates: A high rate here may suggest systemic maintenance or driver issues.
Inspection and Violation History: Regular violations, especially of basic safety rules, should be treated as red flags.
Crash History: Even if there are no fault determinations, a pattern of crashes demands further scrutiny.

A broker who ignores multiple alerts in these systems could be seen as turning a blind eye to clear risks.

Verify Insurance Coverage – Brokers should always verify that a carrier’s insurance:

Is active and current
Meets or exceeds the minimum required coverage under federal and state law
Is sufficient for the type of cargo and potential damage (especially for hazardous materials or high-value loads)

Warning signs include expired certificates, minimal policy limits for high-risk hauls, or frequent carrier name changes—often a sign of a company trying to dodge liability.

Evaluate Operating Authority – Before using a carrier, brokers should confirm that:

The company has a valid U.S. DOT number and active motor carrier authority.
The type of operating authority matches the service being contracted (e.g., they are licensed for interstate operations if the job crosses state lines).
The company has not had its authority revoked or suspended for compliance issues.

Assess Driver Qualification Standards – While brokers typically don’t hire the drivers directly, they should assess the carrier’s hiring practices:

Are drivers required to hold a valid CDL?
Does the company conduct regular background checks and drug testing?
Are drivers routinely trained on hours-of-service regulations, fatigue management, and defensive driving?

Asking about these policies – especially for unfamiliar or small carriers – can reveal whether the company is serious about safety or just trying to stay on the road.

Review the Carrier’s Maintenance Practices – Unsafe equipment causes accidents. Therefore, brokers should:

Ask for documentation or certifications related to fleet inspections and maintenance routines.
Avoid carriers with multiple violations for vehicle maintenance issues, like bad brakes, worn tires, or broken lights.
Check whether the carrier complies with preventive maintenance schedules, as recommended by the National Highway Traffic Safety Administration (NHTSA).

Look for a Pattern of Rebranding or Shell Companies – Some unsafe carriers will shut down and reopen under a new name (a practice called “chameleon carriers”). Red flags include:

Recently issued DOT numbers for a supposedly experienced company
Frequent name changes or identical addresses across multiple carrier names
Overlapping ownership or management with a carrier that was shut down

Brokers have a duty to investigate these signs, especially if something doesn’t feel right.

Why Reasonable Investigation Matters

The legal standard for negligent selection is not perfection – it’s reasonableness. But simply plugging a carrier’s name into a database and ignoring warning signs is not reasonable. Brokers are expected to take active, good-faith steps to avoid hiring unsafe companies. And when they don’t, they may be held accountable for the harm that follows.

Brokers should keep a vetting checklist on file for every carrier they work with, and document the date they checked safety scores, insurance, and authority. If a problem arises later, this can be evidence of their due diligence – or, if neglected, evidence of negligence. Brokers aren’t expected to be accident investigators – but they are expected to perform due diligence. That includes checking:

FMCSA Safety Ratings: The Federal Motor Carrier Safety Administration maintains detailed records of trucking companies’ safety history, including crash data, inspections, and violations.
Operating Authority and Insurance: Verifying that the carrier has active authority to operate and carries the legally required levels of insurance.
Driver Qualifications and Record: Ensuring the carrier uses properly licensed and trained drivers.
Maintenance and Inspection History: Looking into whether the carrier keeps their trucks in good working condition and complies with required maintenance schedules.

If a broker ignores red flags – such as a pattern of crashes, hours-of-service violations, or a history of failed inspections – they may be deemed negligent in selecting that carrier. This can open up legal claims against the broker in case of accident injuries caused by the trucking company.

Being able to hold the broker accountable for their part in a serious accident is important because many smaller or less financially stable carriers are underinsured or barely compliant with safety regulations. Brokers may be tempted to choose them anyway because they’re cheaper or more readily available – especially when dealing with tight shipping deadlines. But that decision can have deadly consequences.

When a catastrophic crash occurs involving an unsafe carrier, victims and their families often face a harsh reality: the trucking company may not have enough insurance to cover medical costs, lost wages, or wrongful death damages. In those cases, a negligent broker may be the only remaining party with the resources to provide just compensation.

Legal Hurdles and Strategic Discovery

Bringing a negligent selection claim isn’t always simple. Brokers often argue that they relied on publicly available safety data and that their role was limited. That’s why discovery is crucial. An attorney skilled in broker liability claims will go the extra mile, including investigating internal emails, hiring procedures, contracts with shippers, and communications with the carrier that might show the broker ignored warning signs – or prioritized cost and speed over safety.

Negligent selection isn’t just a legal theory – it’s a matter of public safety. Brokers have a responsibility to make sure they’re partnering with competent, law-abiding carriers. When they fail in that duty, they should be held accountable. Because what’s at stake isn’t just freight – it’s also the very lives of others on the road.

Vicarious Liability

Vicarious liability is a legal doctrine that holds one party legally responsible for the actions of another, usually in the context of an employer being liable for an employee’s conduct.

While negligent selection focuses on what the broker did or failed to do before the crash, vicarious liability asks whether the broker functioned like an employer or motor carrier and therefore should be held responsible for the truck driver’s actions – even if the broker didn’t do anything “wrong” per se. This claim argues that the broker acted like a motor carrier or exercised control over the trucking operation, making them responsible for the crash.

In trucking, a broker can face vicarious liability if:

They presented themselves as a motor carrier, rather than just a middleman.
They exercised control over the trucking company or driver, such as dictating routes, schedules, or monitoring performance too closely.

The more control or oversight a broker exerts, the more likely a court may find that the broker was acting like a carrier – and should be treated like one under the law.

How Negligent Selection and Vicarious Liability Differ (But Often Overlap)

Negligent Selection: The broker shouldn’t have hired this carrier in the first place.
Vicarious Liability: The broker acted like an employer or carrier and is therefore responsible for what happened.

In practice, a plaintiff might allege both theories to see which one the evidence supports more strongly.

Real-World Examples (Based on Common Case Patterns)

Case Example 1: Negligent Selection

A broker hired “ABC Express,” a trucking company with a poor FMCSA safety score and multiple hours-of-service violations in the past year. The broker failed to check this history and did not verify that ABC Express’s insurance had lapsed. Days later, one of ABC Express’s drivers fell asleep at the wheel after violating federal driving limits, causing a multi-vehicle crash that resulted in serious injuries.

In this case, the broker may be liable for negligent selection, as they failed to vet the carrier despite clear warning signs in publicly available records.

Case Example 2: Vicarious Liability

“A-Z Freight Brokers” coordinated a delivery for a large retailer. While they claimed to be only a broker, they listed themselves as the carrier on the bill of lading, tracked the truck in real-time, dictated the driver’s route and delivery schedule, and required the use of a specific app for status updates. After a fatal crash involving their selected driver, the plaintiff sued.

Here, the broker might face vicarious liability, because they blurred the line between being a broker and acting like a motor carrier with direct control over the delivery process.

Why These Claims Matter

Both theories are powerful tools for plaintiffs, especially when trucking companies are undercapitalized or underinsured. Holding brokers accountable not only helps ensure full compensation for victims, it also encourages better industry practices, because brokers will likely think twice before choosing the cheapest or most convenient option when lives are at stake.

As an accident injury firm covering trucking broker liability claims, part of gathering evidence in these cases includes paying close attention to contracts with the shipper or bills of lading. These documents might show that the broker identified itself as the carrier or reserved the right to track the driver and load – details that can be key in establishing liability.

Recently, some brokers have tried to avoid these claims by invoking the Federal Aviation Administration Authorization Act (FAAAA) – a law originally intended to protect economic freedom in the transportation industry. They argue that state laws around negligent hiring are preempted by the FAAAA. It’s a surprising legal twist – after all, what does an aviation act have to do with trucking crashes?

Fortunately, many courts, including the U.S. Supreme Court, have rejected this argument, recognizing that states still have the authority to regulate motor vehicle safety. For instance, one State Supreme Court recently declined to hear a broker’s challenge based on FAAAA preemption in a tragic case involving the deaths of multiple people.

That said, the legal picture isn’t entirely settled. Some courts have sided with the brokers’ interpretation of the FAAAA, which creates uncertainty for plaintiffs and their families. Until the Supreme Court definitively rules on this issue, the question of broker liability will remain somewhat unsettled.

In the meantime, it’s worth remembering that safety on our highways begins long before a truck hits the road. Regular vehicle maintenance – including monthly checks on tires, alignment, and pressure – is critical. But just as important is ensuring that the companies – and the brokers – putting those trucks on the road are held to the highest standards.

Lives depend on it.

I Was Injured in a Trucking Accident – What Do I Do Now?

I’m accident injury lawyer Ed Smith. My firm AutoAccident.com specializes in accidents involving big rig trucks, tractor trailers, trucking companies and trucking brokers.

If you or a loved one was seriously injured in a collision caused by the negligence of a truck driver, I want to extend my deepest sympathies for the pain and trauma you’re experiencing following the accident. I understand that this is an incredibly difficult time for you, and I want you to know that my experienced legal team is here to help guide you through the legal process and fight for the compensation you deserve.

In cases like yours, it’s important to retain an accident injury attorney who understands the specifics of claims against trucking and freighting companies, because there are often multiple parties who may be responsible for the crash and the injuries you’ve sustained.

While the trucking company and the driver are the first parties that come to mind, it’s important to remember that other parties, such as brokers who hire and manage the trucking company, could also be held accountable for what happened. In fact, brokers can sometimes be liable for injuries caused by an unsafe truck or driver if they failed to properly vet or select a responsible carrier.

Solid legal representation is crucial to winning a case against the powerful trucking companies and truck brokers, who usually try to deny responsibility. A law firm that specializes in accidents with semi-trucks, delivery trucks and cargo carriers knows the ins and outs of winning just settlements, including:

Identifying All Responsible Parties: We will investigate every party involved in the accident, from the trucking company and driver to potentially liable brokers or other third parties. Many trucking companies are underinsured, so it’s critical to look at all sources of potential compensation.
Negligent Selection Claims: If it’s determined that the broker didn’t properly vet the trucking company – such as failing to check the carrier’s safety records or insurance – we may be able to pursue a negligent selection claim. This can help us hold them accountable for failing to ensure the truck and driver were safe to be on the road.
Vicarious Liability: If the broker had too much control over the truck’s operation, we may pursue vicarious liability claims, which hold them responsible as if they were an employer of the driver.
Insurance Coverage: We will thoroughly review the trucking company’s insurance policies to ensure you receive the maximum compensation available. Unfortunately, many trucking companies don’t carry enough insurance for catastrophic injuries, so it’s vital that we explore all potential sources of recovery.

The legal team of AutoAccident.com is here to ensure you’re not left alone to navigate the financial and emotional burdens caused by this accident. We will be with you every step of the way, working tirelessly to ensure that those responsible for your injuries are held accountable.

Located in California with a legal reach across the US, the injury law firm of AutoAccident.com is a trusted leader in accident injury litigation, with 10.0 ratings by Avvo and Justia, 5-star ratings on Yelp and Google, and membership in the Million Dollar Forum and the National Association of Distinguished Counsel.

If you live anywhere in the US and a trucking accident left you or a loved one hurt, disabled, disfigured, or with a diminished quality of life, give us a call. We’re here to listen to your case, file any claim you may have, gather the appropriate evidence, consult with esteemed experts, and achieve a settlement that’s designed to help you get the care and compensation you need to focus on healing and prospering in the next chapter of your life.

Call us now at 916.921.6400 or toll-free at 800.404.5400 for free, friendly advice.