Truck accidents are some of the most severe types of crashes that occur in Pennsylvania. In 2023, there were nearly 80,000 light and heavy truck crashes in the state, according to the Pennsylvania Department of Transportation, with nearly 800 fatal crashes and more than 34,000 crashes resulting in injuries. If you were involved in a truck accident, knowing what steps to take can be difficult, but knowing where to start should be simple.
Finding legal representation that understands your situation and can help you secure the compensation you deserve is paramount. One of the key steps lawyers take to secure the maximum compensation possible is to identify who can be held liable in each case. Exploring every avenue often results in significantly higher verdicts and settlements.
In truck accidents, there are the obvious suspects — the truck driver, the trucking company, the truck manufacturer, and more, depending on the circumstances surrounding the crash. One avenue not always explored is the freight broker. What liability could they have in a crash, and can legal action be taken against them?
What Is a Freight Broker?
Freight brokers serve as an intermediary between the company shipping a product and the trucking company. In many cases, these brokers specialize in specific types of cargo, whether that’s automobiles, oil & gas, electronics, food, and more. The brokers may also specialize in working with specific kinds of trucking companies and types of trucks, like flatbeds, containers, open tops, and more.
Brokers can serve as important parts of the logistics process behind getting important and valuable cargo from one location to another. They can help connect truck drivers with companies who need to fill last-minute orders, unusual cargo, cargo that requires a certain type of experience to handle, and more. However, they can also be held liable when they fail to adequately fill their role in the trucking process.
What Are the Legal Responsibilities of a Freight Broker?
Freight brokers are responsible for vetting the companies and people they work with. When they hire a truck driver to ship cargo, these companies are responsible for digging into the history of their drivers, including the condition of the truck they will be driving, their insurance coverage, and their driving history. If these brokers fail to adequately perform a background check on the people they hire, they can potentially be held liable for a crash.
Taking legal action against the employer of the truck driver is also known as “vicarious liability” in Pennsylvania. The laws governing when and how legal action can be pursued in this manner have changed over the years, but effectively mean that an employer can be held liable for the negligent acts of their employees.
Taking Legal Action After a Truck Accident
In order to take legal action against an employer — in this case, the freight broker — you must be able to prove that the crash occurred while the driver was acting within the course and scope of their employment. This means that if the crash occurred while the driver was performing the duties they were hired to do, then there is a possibility that the freight broker can be included in the lawsuit and may be liable for damages in the verdict or settlement.
Depending on whether the truck driver is considered an employee of the company or is classified as an independent contractor, there could be additional hurdles that need to be navigated in order to construct a legal case that includes the freight broker. A key aspect that can factor into this is the truck driver’s history.
If they have a record of driving recklessly, dangerously, driving under the influence, and more, it could be likely that the broker can be held liable. Screening for this is one of the freight broker’s key tasks, and failure to do so puts everyone on the road at risk.
Discovering the possible parties that can be held liable after a truck accident in Pennsylvania can be a tricky process. If you were the victim of a truck crash, working with an experienced and reliable legal firm is one of the most important things you can do to secure the financial restitution you need.
Talking to a Pennsylvania Truck Accident Lawyer
Truck crashes are exceptionally dangerous and far too frequently lead to life-changing injuries and severe stress, both mental and physical. If you were the victim of a truck accident in Pennsylvania, working with a legal team you can trust is one of the most important steps you can take to secure the outcome you deserve.
Talking to a Pennsylvania truck accident lawyer can help you access the legal funding you need. Look for personal injury attorneys with decades of representing clients with significant verdicts and settlements, like Cohen, Feeley, Altemose & Rambo (www.cohenfeeley.com). Reach out to us to discuss your legal options and schedule a free consultation today!
