Trucking Accidents in Oklahoma Part 1
This is my first Blog in a series addressing common questions in Trucking Accidents in Oklahoma. Unfortunately, despite the regulations set up by the Federal Motor Carrier Administration, there are still far too many trucking accidents in Oklahoma and across the entire United States. I have worked on these accidents on both sides of the fence. I spent nearly 20 years working as counsel for large publicly traded trucking companies before I crossed the fence and began representing people insured in trucking accidents in Oklahoma. My experience working in-house at trucking companies has provided me with a lot of valuable insight into the operations of the trucking industry and it has provided me with a unique understanding of the available insurance and the different parties which may be held liable in a trucking accident.
One of the most searched questions regarding trucking accidents is "Who can be held liable in a trucking accident?"
The answer to that question has expanded over the past twenty years to include a cast of players that may include all or some of the following:
- The Truck Driver
- The Trucking Company
- Freight Brokers
- Shippers
The Truck Driver and the Trucking Company are the usual suspects, but liability has expanded in recent years to extend to freight brokers and shippers with greater frequency. To provide some perspective on a typical trucking accident - consider the following scenario:
Large Company wants to move freight from point A to point B on a consistent basis. They put the work out for bid and receive responses from both trucking companies and freight brokers. The brokers promise to get the freight moved by contracting with trucking companies who can move the freight. The large company ends up awarding the work to a Broker as they have the lowest price. Little does Large company know that the broker will hire small trucking companies without a satisfactory safety ratings who use unqualified drivers without valid liability insurance to move the freight.. After the broker begins arranging moves, an accident happens whereby a small trucking company hired by the broker hires a brand new driver with an invalid CDL who crosses the center line and has a head on collision with another vehicle killing the driver.
Who is liable in this situation? The answer is possibly the large company, the broker, the driver and the small trucking company. The Large Company can be liable for contracting with broker who did not used qualified motor carriers or qualified drivers. The driver may be liable for negligence and the trucking company may be liable for the negligence of the driver as well as for negligent entrustment of the 18 wheeler to an unqualified driver as well as negligent hiring training and supervision.
Therefore, the determination of who "might" be liable is a very important matter. We will explore frequently searched questions regarding trucking accidents in Part 2 coming soon......
