Freight Broker Liability in Truck Accidents
When brokers hire unsafe carriers to save money, they share responsibility for the crashes that follow. Broker liability provides additional recovery when carrier insurance is insufficient.
Key Takeaways
- Negligent Selection: Brokers can be liable when they hire carriers with poor safety records or inadequate insurance.
- Additional Recovery: Broker insurance provides an extra source of compensation when the carrier's policy is exhausted.
- What They Should Check: FMCSA Snapshot, safety ratings, crash history, out-of-service rates, and insurance verification.
- Not Just Motor Carriers: Brokers, shippers, and leasing companies may all share liability in complex trucking cases.
What Freight Brokers Do
Freight brokers are the middlemen of the trucking industry. They connect shippers who need goods transported with motor carriers who have trucks and drivers. Today, the brokerage industry handles over $100 billion in freight annually.
Match Loads
Connect shippers needing transport with carriers who have available trucks and drivers.
Negotiate Rates
Earn commissions on the difference between what shippers pay and what carriers receive.
Select Carriers
Choose which trucking companies get loads—a decision that carries safety responsibilities.
| Factor | Motor Carrier | Freight Broker |
|---|---|---|
| Role | Owns trucks, employs drivers, transports freight | Matches shippers with carriers, doesn't haul |
| Insurance | $750,000+ liability required | $75,000 surety bond required |
| Direct Liability | Directly liable for driver negligence | Liable for negligent selection of carrier |
| Control | Controls trucks and drivers | No control over how carrier operates |
| Regulation | FMCSA safety requirements | Licensing and bond requirements |
Negligent Selection Claims
When brokers prioritize price over safety, choosing carriers with dangerous records, they can be held liable under negligent selection theory.
The Legal Theory
Negligent selection holds that brokers have a duty to exercise reasonable care when selecting carriers. If they hire a carrier they knew or should have known was unsafe, they share responsibility for the resulting harm.
This is similar to how employers can be liable for negligently hiring dangerous employees.
What We Must Prove
- The broker had a duty to exercise care in selecting carriers
- The broker breached that duty (failed to check or ignored red flags)
- The breach caused the selection of an unsafe carrier
- The unsafe carrier caused the accident and injuries
What Reasonable Brokers Check
Industry standards and common sense require brokers to verify carrier qualifications before assigning loads. Failure to perform these checks is evidence of negligence.
Verify Operating Authority
Confirm the carrier has active USDOT and MC numbers and is authorized to operate
Check Safety Record
Review FMCSA Snapshot for safety ratings, crash history, and out-of-service rates
Verify Insurance
Confirm adequate liability coverage and that certificates are current, not expired
Review Driver Qualifications
Ensure the carrier employs qualified drivers with valid CDLs and clean records
Monitor for Red Flags
Identify patterns of violations, new entrant status, or conditional safety ratings
Red Flags That Should Disqualify Carriers
The FMCSA Snapshot
The FMCSA's Safety Measurement System (SMS) provides publicly available data on every carrier—crash rates, inspection results, out-of-service percentages, and more. A broker who never checks this free resource cannot claim they "didn't know" about a carrier's dangerous history.
Accessing Broker Insurance
Broker liability becomes especially valuable when the motor carrier's insurance is inadequate—which happens more often than you'd think.
Motor Carrier Insurance
Federal minimum is $750,000—which sounds like a lot until you realize catastrophic injuries and deaths easily exceed policy limits.
- • Many carriers only have minimum coverage
- • Multiple claims can exhaust policies
- • Some carriers are judgment-proof
Broker Insurance
Brokers often carry "contingent auto liability" coverage that kicks in when carrier coverage is inadequate.
- • Provides additional layer of coverage
- • Often $1M+ in coverage
- • Major brokers carry substantial policies
Strategic Value: Even when carrier coverage appears adequate, filing against the broker creates settlement leverage. Brokers—especially large, publicly traded ones—have reputational concerns and sophisticated counsel who understand the risks of trial.
Key Legal Authority
"A broker who fails to investigate a motor carrier's safety fitness before selecting it to transport goods may be liable under a negligent hiring theory."
— Schramm v. Foster, 341 F. Supp. 2d 536 (D. Md. 2004)
"Brokers have an independent duty to investigate the carriers they select... Selection of a carrier with a history of safety violations establishes breach of that duty."
— Sperl v. C.H. Robinson Worldwide, Inc., 408 P.3d 852 (Ariz. Ct. App. 2017)
FAAAA Preemption Defense
Brokers often argue federal law (FAAAA) preempts state negligent selection claims. Courts have split on this issue, but many jurisdictions allow safety-based claims to proceed. Oklahoma courts have not definitively ruled, leaving room for these claims.
Frequently Asked Questions
Was a Broker Involved in Your Truck Accident?
Freight brokers may share liability when they hire unsafe carriers. We investigate all potential defendants to maximize your recovery.
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