Can You Sue a “Broker” for a Commercial Trucking Accident?

Commercial trucking accidents involve a complex chain of individuals and companies. While an individual truck driver’s negligence is frequently the immediate cause of a serious crash, victims can also seek to recover damages from the company that owned the truck and employed that driver. But what about the company responsible for hiring the truck itself? Does engaging a truck to make a commercial delivery make a company responsible for any accident that might occur?

Federal Court Dismisses Georgia Widow’s Wrongful Death Claim Against Broker

The United States Court of Appeals for the 11th Circuit recently addressed these questions in an unpublished decision, Gauthier v. Hard to Stop LLC, a Georgia wrongful death case arising from a commercial truck accident. The victim in this case was driving his car one night down a highway. In front of him, a commercial truck driver attempted to execute a U-turn. This blocked traffic, and due to the poor nighttime visibility conditions, the victim’s car collided with the tractor-trailer. The victim died from injuries sustained in the crash.

The victim’s widow, acting on behalf of her late husband’s estate, subsequently sued a number of parties for wrongful death, including the truck driver and his employer. The estate also named a company called Total Quality Logistics, LLC, which was the shipping broker that had arranged for the truck driver’s cargo haul on the night of the fatal accident. The estate’s lawsuit alleged the broker was liable for failing to “ensure that the motor carriers with whom it arranged transportation of goods were reasonably safe.”

A federal judge in Georgia, and later the 11th Circuit, dismissed the claims against Total Quality, after determining that such brokers cannot be held liable under state personal injury law due to superseding federal law. As the 11th Circuit explained, the Federal Aviation Administration Authorization Act preempts any state laws related to a “broker … with respect to the transportation of property.” States can still exercise regulatory authority over the “safety” of motor vehicles, but that did not apply to the facts of this case.

Indeed, the 11th Circuit ruled in a similar case last year that a broker who arranged for the transport of cargo could not be held responsible under Florida personal injury law for injuries caused by the driver of the hired truck. The same principle applies here. While the Florida case only involved property loss, as opposed to personal injury or death, the nature of the estate’s lawsuit here still applied to a broker’s “performance” of its basic function of arranging “transportation-related services,” which were exempt from state scrutiny under federal law.

Contact Hawkins Spizman Trial Lawyers Today

If you, or someone that you love, has been seriously injured in an accident involving a commercial vehicle, it is important that you seek out qualified legal advice from an Atlanta personal injury lawyer. Call Hawkins Spizman Trial Lawyers today to schedule a free consultation. We serve clients throughout Georgia including Atlanta, Dunwoody, Alpharetta, Cobb County, Fulton County, Gwinnett County, Johns Creek and Sandy Springs.

Source:

scholar.google.com/scholar_case?case=2056812333540446967