11th Circuit Rules That Brokers Are Not Liable for Negligent Hiring in Truck Accident Lawsuits

In 2020, the family of a Georgia-based victim filed a personal injury wrongful death lawsuit against three named defendants. A truck owned by Florida-based logistics company Hard to Stop made an illegal U-turn on State Route 73, blocking lanes in both directions. The decedent crashed into the truck and died from his injuries. His family filed suit naming the driver of the truck, the company that owned the truck (Hard to Stop) and Total Quality Logistics, a company that brokered the arrangement between Hard to Stop and the company whose goods were being transported.

A recent federal appeals court decision ruled that brokers are not responsible for crashes involving trucks they hire. This is the first such decision since the Supreme Court declined to hear a similar case that could have settled conflicting judgments in the lower courts.

The 11th Circuit Court of Appeals agreed with a Georgia district court that Total Quality Logistics cannot be found negligent for hiring the motor carrier involved in the fatal crash. The decision was based on the court’s interpretation of the Federal Aviation Administration Authorization Act (F4A). The Act has been interpreted differently by another circuit court.

Allegations of negligence against the broker

The lawsuit named Total Quality Logistics as contributing negligence to the decedent’s death. According to the complaint, the plaintiffs claimed that the broker knew or should have known that the trucking company had a history of hiring drivers without the proper licensing, performed improper maintenance on its vehicles, and failed to carry the minimum insurance coverage.

The lawsuit contended that Total Quality Logistics had a duty of care to “ensure that the motor carriers with whom it arranged transportation of goods were reasonably safe.” However, F4A bars states from passing any law or regulation that dictates the price, route, or service of any motor carrier, broker, or freight forwarder.

The plaintiffs had argued that Total Quality Logistics had a duty of care to ensure that the motor carriers they contracted with were safe. However, the district court ruled that those determinations are directly related to the company’s fundamental role as a broker.

Claims of negligent hiring, the court ruled, have “an impermissible significant and direct impact on Total Quality’s services and prices.” Essentially, requiring Total Quality to vet each of its hires would impose stricter and costlier requirements of investigating every motor carrier that it hires. Therefore, the court determined that F4A supersedes Georgia’s negligence laws.

Talk to an Urbana, Illinois Truck Accident Attorney Today

Patel Law, PC represents the interests of Illinois residents who have been injured in truck accidents. Alternatively, we represent the interests of grieving families filing wrongful death lawsuits against negligent trucking companies. Call our Urbana personal injury lawyers today to schedule a consultation, and we can begin discussing how you can recover damages related to your medical expenses, lost wages, and reduced quality of life.

Source:

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