Truckers’ Bad Safety Records Could Cost More Than Their Loads
A proposed Michigan law could allow crash victims to sue freight brokers over carriers with known safety problems, potentially changing how brokers vet and monitor trucking companies. The proposal comes as brokers face increased legal exposure, rising operating costs and continued concerns about hours-of-service requirements and driver working conditions.
Potential Changes to Broker Liability
The Michigan proposal could give crash victims a way to pursue claims against brokers that selected carriers with documented safety issues. If brokers face greater exposure after a crash, they may conduct more extensive reviews of a carrier’s safety record before assigning freight.
Some brokers are reportedly reviewing and removing carriers from their approved networks following a U.S. Supreme Court ruling that opened the door to negligent-selection lawsuits. The legal shift could increase scrutiny of carrier qualifications, inspection histories and driver safety performance.
Federal regulations also require brokers to maintain records for each transaction. Under Regulation 371.3, each party involved in an individual transaction has the right to review those records. However, brokers have been accused of limiting access by requiring waivers or directing truckers to review records only at a physical office.
Costs and Operating Pressures
The compliance changes come as trucking expenses continue to rise. The American Transportation Research Institute’s latest Analysis of the Operational Costs of Trucking found that average operating costs reached a record $2.336 per mile last year.
Drivers and carriers also continue to raise concerns about the impact of hours-of-service requirements and electronic logging devices. Wade Reeves told the Federal Motor Carrier Safety Administration that the 10-hour requirement can leave drivers stranded close to home and that ELDs, which track driving time by the minute, can contribute to pressure to speed or engage in other unsafe driving behavior.
Concerns Over Driver Treatment
In comments submitted to FMCSA, Reeves said some truck drivers face a loss of training and support, employment misclassification, unpaid time and pressure to accept unsafe working conditions.
Those concerns have added to broader discussions about how brokers, carriers and other parties in the freight market share responsibility for driver support, compensation and safety compliance.
Specialized Freight and Enforcement
Carriers hauling hazardous materials, explosives and Department of Defense cargo face additional qualification requirements. Michael Fisk, vice president of Roadmaster Group, estimated that only about 5,000 of the nation’s roughly 2.5 million over-the-road drivers have the endorsements, experience and safety records required for that freight.
Separately, the latest wave of Operation Highway Shield resulted in more than 300 dangerous drivers being removed from the road, including 183 foreign drivers who officials said could not read road signs. Inspectors also issued more than 1,000 motor carrier safety violations, placed drivers and vehicles out of service and recovered one stolen trailer.
Together, the developments point to increased attention on broker due diligence, carrier qualification and the documentation used to demonstrate that freight was assigned to a safe and properly qualified operator.
