Truck Accident Freight Broker Responsibility
What Does A Truck Freight Broker Do?
Truck accident freight broker responsibility needs to be investigated and evaluated as soon as possible. In a nutshell, a truck broker helps arrange cargo transportation by connecting the shippers to the truck drivers. According to the United States Code of laws, a truck freight code is defined as “a person, other than a motor carrier or an employee or agent of a motor carrier, that as a principal or agent sells, offers for sale, negotiates for sale, or holds itself out by solicitation, advertisement, or otherwise as selling, providing, or arranging for, transportation by a motor carrier for compensation.” 49 U.S.C. § 13102(2). A motor carrier is “a person providing motor vehicle transportation for compensation.” 49 U.S.C. § 13102(14).
As defined above, a truck freight broker is a person or company that acts as a middleman between shippers and carriers in the trucking industry. The primary role of a truck freight broker is to connect shippers who need to transport goods with carriers who have the capacity to move those goods.
Truck freight brokers work by negotiating rates and terms with carriers on behalf of the shipper. They also handle the logistics and paperwork associated with shipping, such as arranging pickup and delivery, tracking shipments, investigating the driver’s background, verifying insurance, and ensuring compliance with regulatory requirements.
Can A Truck Freight Broker Be Held Responsible For An Accident?
A truck freight broker may potentially be held partially liable for a truck accident, depending on the specific circumstances surrounding the accident. Generally, a truck freight broker is responsible for arranging the transportation of goods by contracting with carriers such as trucking companies or independent truck drivers.
However, a truck freight broker is typically not directly involved in operating the trucks that transport the goods. Instead, the carrier is responsible for ensuring that the trucks and drivers they hire meet all necessary safety requirements.
If an accident occurs due to the negligence of the carrier or the driver they hired, the carrier and the driver may be held primarily responsible for the accident. However, if the truck freight broker was also negligent in their duties, such as failing to properly check the background of the carrier or driver, or failing to ensure that the carrier had adequate insurance coverage, they may also be held partially liable for the accident.
Ultimately, the specific details of the accident and the roles and responsibilities of the parties involved would need to be examined to determine if a truck freight broker can be held responsible for a truck accident.
During the investigation, Rick Molina and Molina Law Firm will secure the evidence from the scene, talk to all witnesses, obtain the police report, obtain all medical records, talk to all medical experts, talk to all accident reconstructionists, and negotiate with the opposing trucking and insurance companies. In truck accident cases, it is also important to secure all driver and truck company information to make sure that the driver and company were not violating any hours-of-service or cargo-hauling rules. For these reasons, Molina Law Firm obtains the truck’s “black box” and the driving logs to fully investigate all truck accidents.
What To Do After A Truck Accident that Involves a Freight Broker?
Accidents involving large commercial trucks result in serious injuries, so your health is the number one priority. There are steps to be taken if you have been involved in an 18-wheeler or large truck accident. We have detailed some of the steps here. These steps are some of the more broad, important things that should be taken care of.
Get help on the way
If you cannot, get someone to call 911. This will get EMS and police on the way. Get medical attention. Even if you think you may be fine, a medical evaluation is critical.
Gather information
Take photos, get the other drivers information, get witness information. Try and get as much info as possible.
Get a case number
The police will talk to everyone involved and possibly issue citations. They should provide you with a case number that is needed to obtain the crash report.
If you have been seriously injured in a Houston Truck Accident, it is important that you get an experienced personal injury attorney to help you. Time is important. Contact us.
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Common Types of Truck Accidents in Houston
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Frequently Asked Questions About Truck Accidents
Motor vehicle accidents that involve large commercial trucks have a higher chance of serious personal injury or death. Victims of these types of accidents have substantial financial and health damages. Many times, these damages are long-term or even permanent.
- Commercial Truck Drivers are governed by rules and regulations involving their training, on-the-road time, and driving. The company that they work for can also be held liable for their actions.
- Carrier Companies are regulated in terms of vehicle maintenance, hiring practices, driver training, and other laws that can help determine liability in the event of an accident.
- Insurance limits of trucking companies and truck operators are much higher than that of other drivers.
If the driver of the 18-wheeler was at fault in the accident, an experienced truck accident attorney will look at the driver, the trucking company, the involved vehicles, and the equipment manufacturers to determine who can be held responsible. In most accident claims, the amount of compensation that can be received is usually limited by the insurance policy.
The second an accident happens, insurance companies have teams of people ready to investigate the accident on their behalf. You need to know that the insurance companies are not investigating the accident on your behalf. The insurance companies also will not share any information with you. If you want an investigation on your behalf, then you need to call us to begin this investigation as soon as possible. As for settlements, you should not accept a settlement from the insurance company until you have had an experienced attorney conduct a review of your case.
At the Molina Law Firm, we will fight cases in court when a settlement cannot be reached. If a settlement does not appear to be fair, then you need to be in a position to fight your case in court.
