Brokers Are Not Liable For Negligent Hiring In Truck Accident Lawsuits
A federal appeals court has ruled that brokers are not responsible for truck accidents involving the drivers that they hire. This is the first such decision since the Supreme Court chose not to hear a similar case; they could have settled conflicting decisions in the lower courts. The 11th Circuit Court of Appeals agreed with the Georgia District Court that a company called Total Quality Logistics cannot be found negligent for its hiring of a motor carrier involved in a fatal crash. The decision was based on the Federal Aviation Administration’s Authorization Act (F4A), which was interpreted differently in another Circuit Court.
The decision stemmed from a 2020 lawsuit involving a fatal crash that occurred in Claxton, GA. A truck owned by a Florida-based company, Hard to Stop, made an illegal U-turn on state route 73, blocking lanes in both directions. A motorist crashed into the truck and died from his injuries.
In addition to suing Hard to Stop and its driver, the lawsuit also accused Total Quality Logistics of negligence. According to the complaint, the broker knew or should have known that the trucking company had a history of lack of proper licensing, improper maintenance on its vehicles, and a failure to have minimum insurance coverage.
According to the lawsuit, under Georgia negligence law, 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, the F4A precludes states from enacting any law or regulation related to the price, route, or service of any motor carrier, broker, or freight forwarder.
The plaintiffs in the case had argued that Total Quality Logistics had a duty to thoroughly vet motor carriers and choose only those who are safe. However, the District Court determined those acts are directly related to the company’s fundamental role as a broker. In other words, the broker cannot be held accountable for negligent hiring claims.
The court argued that negligent hiring claims have an impermissible significant and direct impact on total quality services and prices as it seeks to impose stricter and costlier requirements of investigating every motor carrier it hires. For that reason, the F4A overrides Georgia’s negligence laws.
The plaintiffs tried to use a safety exemption in the F4A that states that the F4A cannot restrict the safety regulatory authority of a state with respect to motor vehicles. Although the claims in this case arose from Georgia’s safety regulatory authority, the courts found that they do not relate to motor vehicles specifically and therefore are not accepted from preemption.
The court thus dismissed claims against Total Quality Logistics, but claims against the truck driver and the trucking company that he worked for and their insurance providers continued to move forward. These claims were eventually dismissed when the company settled with the plaintiff.
Talk to a Jacksonville FL truck accident attorney today
Gillette Law represents the interests of plaintiffs who have been injured in truck accidents. you can file a lawsuit against the trucking company and its driver to recover damages related to your injuries. Call our Jacksonville personal injury lawyers today to schedule an appointment and we could begin investigating your case right away.
Source:
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