P&N BLOG | Broker and Shipper Liability Explained
Broker and Shipper liability is a highly specialized and often missed area of commercial trucking liability cases. The reason this area of the law is so important is because many people believe the liability in commercial trucking accidents ends with the insurance maximums of the carrier. Here at Parente & Norem, P.C. we can analyze your case to see if Broker and Shipper liability exists, thereby increasing the amount of insurance to pursue. It can be complicated for the layperson to understand. In this article, we will break down the basics.
Carriers, also commonly known as the drivers of commercial trucks, are typically independently owned and operated by individuals who contract out their services to brokers and shippers to get their goods from point A to point B. Carriers carry insurance, but that insurance policy usually has a maximum benefit payout. This is why it is imperative to investigate if other factors could have been involved.
Brokers are the companies who hire the drivers or carriers. By law, they are legally responsible for driver negligence based on the control they retain and exercise over the driver. While drivers are often listed as independently owned and operated, oftentimes, brokers control the drivers from beginning to end. They can be held legally responsible for hiring bad or incompetent drivers. Parente & Norem, P.C. will review your case to see if the brokers had control of the truck driver (carrier) at the time of the incident, and determine how much liability they hold.
Shippers are the companies that own the cargo being transported by the carrier. Shippers should be analyzed in your case to determine if they have any liability when it comes to the cargo. Cargo can be loaded improperly by the shipper, the trailer can become overloaded making it unsafe, and the cargo can also fail to be secured to the trailer. The shippers can also be negligent in vetting their carriers for unsafe records.
At Parente & Norem, P.C. all of these factors will be taken into consideration when we evaluate your commercial trucking case. It’s our experience, dedication, and proven results that have had our clients awarded millions of dollars. We win BIG CASES!