Proving Shipper Liability in Truck Accident Cases


When a person is negligently injured or killed
in a truck crash, it is obvious to look at the truck driver, the motor carrier, or the
broker as the cause of the collision. However, if your analysis of liability ends there,
you are overlooking a key player in the arrangement that led to that truck being on the road:
the shipper. Hi! I’m Tim Whiting and my law firm has
been fighting on behalf of victims of truck crashes for over a decade. As a member of
the National Advisory Board of a leading organization of truck accident lawyers, I am proud to say
that we have secured more than 100 million dollars in awards and settlements for our
clients. A shipper is a company who sends or receives
property that is transported in interstate or foreign commerce. While the law surrounding
shipper liability is still developing, the well-established theory is that a shipper
owes a duty to the motoring public to a select competent and fit motor carrier to haul its
loads. Proving that a shipper negligently selected
a motor carrier consists of three main steps: First: Determine the standards that the shipper
should have used in the selection of the motor carrier that was involved in the trucking
accident; Second: You must establish that had your shipper
used those standards, your shipper would or should have discovered that the carrier and/or
driver were not competent, safe motor carriers; and Third: You must show that had your shipper
discovered the motor carrier’s and/or driver’s deficiencies, your shipper would not have
selected the carrier and/or the driver and, therefore, the truck and driver would not
have been on the road hauling that shipper’s load at the time of the collision. The most effective way to accomplish all three
steps is to have a thorough understanding of the case law involving shippers, effectively
depose the shipper’s employees, and hire a transportation expert who has experience
in the shipping industry. If you are handling a truck case and would
like to talk to me or one of our truck accident lawyers at my firm, please contact us today.
I promise that we will use all of our skill, experience and resources to secure maximum
justice for your client. Thank you.


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