Vicarious Liability in Trucking Cases

It is not uncommon for wrecks involving tractor-trailer rigs to result in serious injury and death.  It is also not uncommon for there to be inadequate insurance coverage or other assets to make whole the victims of the trucker’s negligent acts.

Thus, it is not uncommon for lawyers who represent the victims of the these wrecks to look to the conduct of others to see what role they played in contributing to the wreck.

Here is an article from FDCC Quarterly titled "‘But I didn’t do it!" Expanding Theories of Vicarious Liability."  Written by Robert T. Franklin, General Counsel to the Maryland Motor Truck Association, the article discusses court decisions from around the country against freight brokers and shippers.  Those of you who are plaintiffs’ lawyers will not like the tone of the article (it is not particularly complimentary of the plaintiffs’ bar) but there is no reason why you cannot use his research to help you serve your clients.