Litigating Broker Liability for Trucking Accident Injury Claims: Theories of Liability, Defenses, Preemption

Course Details
- smart_display Format
On-Demand
- signal_cellular_alt Difficulty Level
Intermediate
- work Practice Area
Personal Injury and Med Mal
- event Date
Wednesday, November 13, 2024
- schedule Time
1:00 p.m. ET./10:00 a.m. PT
- timer Program Length
90 minutes
-
This 90-minute webinar is eligible in most states for 1.5 CLE credits.
This CLE course will examine the liability of freight brokers and shippers for injuries sustained in trucking accidents. The panel will discuss the prevailing theories of liability, including negligent hiring, selection, vicarious liability, and the statutory employment doctrine. They will also examine how brokers and shippers can mitigate risk and the various defenses to liability.
Faculty

Mr. Kestner has extensive experience with truck accident cases, both as a private attorney and representative for trucking insurers. Prior to founding his law firm, Mr. Kestner served for 10 years as a claims adjuster and litigation manager with one of the largest tractor trailer insurers in the U.S. He now uses this defense experience to represent individuals injured by the negligent acts of trucking companies. Mr. Kestner has also served as personal counsel to policyholders in disputes with their insurers as well as serving as an expert witness in insurance litigation matters. He sits on the Executive Committee of AAJ’s Interstate Trucking Litigation Group, he is the Amicus Committee Chair for AAJ’s Interstate Trucking Litigation Group and its Special Project Director.

Mr. Bertkau provides litigation defense for large and small corporations and individuals, including cases where his clients are self-insureds or insured by insurance companies. He primarily concentrates his practice on legal representation in all areas of transportation litigation, including casualty claims, cargo claims, and insurance coverage. Mr. Bertkau also provides legal representation for cases involving all areas of construction litigation, including construction injury and construction defect litigation. He handles matters from the initial inception of a claim through trial, including post-judgment appellate work. Mr. Bertkau's responsibilities include managing clients' files from the event/incident through resolution, and he works with clients to prepare and implement a strategy for defense from the initial investigation. His litigation experience extends throughout the state of Illinois.
Description
Negligent selection happens when a freight broker selects a carrier not competent to perform the work. A broker also can be held vicariously liable if it retains the right to control the motor carrier.
Some brokers argue that checking that a motor carrier has operating authority with the Federal Motor Carrier Safety Administration (FMCSA) is sufficient. Other brokers and courts, however, acknowledge the duty to exercise reasonable care, which could include checking safety data, crash history, and other indicators of a carrier's fitness and safety.
In addition, some brokers argue that the Federal Aviation Administration Authorization Act (FAAAA) preempts these types of claims. Counsel have to understand the rules in each jurisdiction.
Listen as this experienced panel guides counsel through making the case against brokers and shippers.
Outline
- Overview of property (cargo) brokering
- Property (cargo) broker liability theories
- Key discovery/docs in broker cases
- How transportation indemnity agreements impact trucking cases
- Preemption issues
Benefits
The panel will review these and other key issues:
- What is a freight broker?
- What regulations apply to freight brokers?
- What theories of liability are available against brokers?
- Is the liability risk increased or decreased when a broker uses third-party software to monitor safety?
- What is the status of the FAAAA preemption defense?
- How do you prove your case?
- What practical strategies are available?
- How do you try a broker liability case?
- When is a broker actually a motor carrier?
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