Commercial truck drivers who have not been properly screened pose a significant danger to the safety of Mississippi motorists. Tractor-trailers transporting a maximum load dwarf the average economy car by 75,000 pounds or more. Given the devastating consequences of negligent operation of these large motor vehicles, commercial carriers have a duty to exercise prudence and care when evaluating potential drivers who will be entrusted with the task of navigating our roadways. The size of these trucks means that collisions tend to result in more severe injuries than a collision between two passenger cars. However, safe operation of a big-rig also requires special skill because of challenges posed by their size, weight, required braking distance, blind spots, and similar features. In recent years, the issue of negligent hiring has become a more pervasive basis for liability involving brokers who facilitate arrangements between commercial carriers and shippers.
Generally speaking, a broker in this context involves an entity or individual that accepts a fee to coordinate a shipping arrangement between a motor carrier and a shipper transporting property. Brokers function as the middleman who facilitates the relationship between the parties to the shipping relationship (i.e., the shipper and commercial carrier/driver). The drivers typically are signed on as independent contractors, so the broker has no direct involvement in the transportation of the goods. This scheme often is used by brokers to avoid liability claims for the negligent practices of truck drivers who are involved in accidents.
While this approach has been used in the past to circumvent liability, brokers can be held responsible for negligence in hiring a carrier. Brokers have a legal duty to exercise reasonable care when retaining a carrier, which involves examining the trucking company’s claim history, safety records, and insurance status. Despite this duty, many brokers place the maximization of profits above ensuring that the trucks transporting goods on our roads are driven by competent drivers and properly maintained fleets. The selection of a driver often is based on which carrier provides the lowest bid with much less attention paid to records regarding the performance and safety of the carrier. This focus on cost is important because carriers with drivers that are the least experienced and that have the worst records in terms of accidents and safety violations tend to be the least expensive. Further, carriers who have poor maintenance records also tend to submit lower bids because of the competitive advantage that comes from spending less on compliance cost and fleet maintenance.
When individuals are injured in a jackknife crash, rollover, runaway trailer, carriage underride, or other trucking accident, the broker will not usually be determined to be directly negligent since someone else was operating the tractor-trailer. However, the broker can still be liable for negligence by the commercial carrier and its driver for exercising a lack of care in hiring the carrier to undertake the job. At a minimum, the broker must review the carrier’s safety statistics, evaluations and internal records regarding the trucking company’s safety performance.
The use of independent contractor arrangements are just one strategy used by the trucking industry to mitigate liability for catastrophic injuries and wrongful deaths caused by commercial drivers and carriers. An experienced trucking accident lawyer can help you navigate your way through these tactics. At Barrett Law, our Mississippi Trucking Accident Attorneys understand car accident victims often feel overwhelmed, and we are here to help. Contact our firm today at (601)790-1505 to schedule your free consultation, so we can answer any questions you may have regarding your right to financial compensation.
