WHO should be liable · Freight Skool Group

WHO should be liable

Have been messaging with @jasonputney who has shared a great perspective on liability with carrier vetting.

Jason,

all the points you make are very valid. We can relate back to who should be liable for securing a shipment, the shipper or the carrier? This should be assigned to the shipper as they know their product. Driver does state they need reworked and shipper is upset.

In the case of vetting carriers, broker represents the carrier they select. The challenge still sits with FMCSA/DOT not being able to vet carriers prior to giving them a MC#, then 92% are unrated for safety. In that case should the FEDS not have to take more ownership for putting the bad actors in position to commit fraud.

The below anyone can google/AI

Shippers held liable in nuclear transportation verdict

The recent legal precedents, including the significant 'nuclear verdict' against C.H. Robinson, highlight the growing liability risks shippers face when failing to properly verify motor carriers. Courts are increasingly scrutinizing the reasonableness of a shipper's decision to release freight to unverified entities. The transportation and logistics industry is currently grappling with a shift in legal accountability, particularly concerning the relationship between shippers, brokers, and motor carriers. The case involving C.H. Robinson and the carrier Lupus Superior demonstrates that juries are no longer accepting this as a complete defense. Despite the carrier holding a satisfactory FMCSA grade, the jury’s decision suggests that relying solely on federal classifications may be insufficient in the face of catastrophic accidents.

We cannot rely on the FMCSA to provide data on carriers, read the last line again. With that statement, who do brokers and shippers rely on? How can either vet a carrier if FMCSA cannot prove they are legally allowed on the road in the first place.

Unless the FEDS and FMCSA can stop the issuing of MC#s to bad actors, ensure carriers they allow to operate are safe, will be challenging times ahead.

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WHO should be liable