Truck Crash Tips: Broker and Shipper Liability – Have You Exhausted All Revenues of Recovery?

May 30, 2023

When it comes to broker and shipper liability in trucking accidents, it’s important to explore all avenues of recovery to ensure that you receive proper compensation for your injuries and damages. Here are some key considerations:

  1. Negligence of the truck driver: The primary focus in a trucking accident case is often on the negligence of the truck driver. If the driver’s actions, such as speeding, distracted driving, or violating traffic laws, contributed to the accident, they may be held liable.
  2. Vicarious liability of the trucking company: Trucking companies can be held vicariously liable for the actions of their employees. If the driver was operating within the scope of their employment at the time of the accident, the trucking company may share in the responsibility for the damages.
  3. Broker liability: Brokers, who act as intermediaries between shippers and carriers, may also have a degree of liability. If the broker failed to exercise reasonable care in selecting a qualified carrier or if they were negligent in their contractual obligations, they may be held partially responsible for the accident.
  4. Shipper liability: In certain circumstances, shippers may also be held liable for trucking accidents. If the shipper directly contributed to the accident by, for example, improperly loading the cargo, thereby causing a loss of control or imbalance, they may share in the responsibility.
  5. Insurance coverage: It’s important to thoroughly review the insurance policies involved. Trucking companies, brokers, and shippers are typically required to carry insurance coverage. Understanding the policy limits and available coverage can help ensure that all potential sources of compensation are pursued.
  6. Contractual agreements: Analyze any contractual agreements between the parties involved. Contracts may specify the allocation of liability or contain provisions that impact the responsibilities of each party in case of an accident. Reviewing these contracts can provide insights into potential avenues for recovery.
  7. Investigative resources: Conduct a thorough investigation of the accident. This may include collecting evidence such as accident reports, witness statements, maintenance records, and data from onboard electronic systems. Expert analysis can help establish liability and identify all potentially responsible parties.
  8. Legal representation: Working with an experienced personal injury attorney who specializes in trucking accidents is crucial. They can assess the unique circumstances of your case, identify all potential liable parties, and help you navigate the complexities of the legal process to ensure that you exhaust all avenues of recovery.

By considering these factors and working closely with a knowledgeable and experienced attorney, you can pursue all possible avenues of recovery and seek fair compensation for your injuries and damages in a trucking accident involving broker and shipper liability.


About Coffman Law Offices, P.C.

Coffman Law is Chicago’s leading personal injury law firm and is committed to providing superb legal representation for people who are suffering from severe personal injuries or are dealing with the loss of a loved one due to negligence or misconduct. Coffman Law is results-driven law firm focused on ensuring that clients receive the compassion, attention, and consideration that they need to seek adequate compensation for injuries or loss. The firm is led by Owner and Founding Partner Brian Coffman, who has dedicated his career to helping accident victims navigate the legal system and obtain compensation for their injuries.