If you were hurt in a serious 18-wheeler crash around San Antonio—on I-10, I-35, Loop 410, or US-281—you may quickly learn the trucking company isn’t the only player. Often, a separate business booked the load and chose the carrier. That’s where questions about broker liability (and sometimes shipper liability) come in.
Quick Answer
- Sometimes, yes—you may be able to sue the freight broker (the middleman that arranged the haul) or the shipper (the company moving its product), but it’s fact-specific and often legally contested.
- A common theory is negligent selection: the broker allegedly chose an unsafe carrier/driver when safer options were available. Whether that claim can proceed can depend on federal preemption under the FAAAA, a federal law that limits certain state-law claims against brokers. (U.S. Code)
- Brokers are required to keep transaction records (including the carrier’s name and registration number) for three years, and parties to the transaction have a right to review those records—information that can matter when you’re trying to identify who arranged the trip and under what terms. (eCFR)
- Bottom line: In a “ship-it-now” environment, accountability can extend beyond the driver and motor carrier—but you have to build the case with the right documents and legal framing.
Who Is “The Company That Hired the Truck”?
In trucking, the “company that hired the truck” could be one (or more) of these:
- Motor carrier: The trucking company that operated the tractor-trailer and employed/contracted with the driver.
- Freight broker: A company paid to arrange transportation by connecting a shipper with a motor carrier. Brokers typically argue they don’t “operate” trucks—they “arrange” the haul. (eCFR)
- Shipper: The company whose freight is being moved (manufacturer, distributor, retailer). Some shippers manage logistics internally; others hire brokers.
- Third-party logistics company (3PL): Sometimes functions like a broker, sometimes more—titles can be misleading. The contract language matters.
When people talk about “broker liability,” they usually mean: Can the broker be responsible for choosing the carrier that ended up causing the crash?
When a Broker Can Be on the Hook
A broker case usually isn’t about “the broker caused the crash” in a direct, hands-on way. It’s about decision-making:
1) Negligent selection (the most common theory)
The claim is that the broker failed to use reasonable care in selecting a safe carrier/driver for the job—especially where there were warning signs.
What “warning signs” can look like in real life:
- Prior safety problems that should have been caught with reasonable screening
- Red flags in the broker’s own internal notes about the carrier
- A pattern of using ultra-cheap carriers without basic vetting because the load had to move “right now”
2) “Control” issues (rare, but important when they exist)
If the broker went beyond arranging the load and began directing how the job had to be done—routes, schedules that effectively required speeding or HOS violations, dispatch-like control—plaintiffs may argue the broker functioned more like an operator than a true middleman.
3) Misrepresentation and papering-over roles
Some companies blur titles (“carrier” vs. “broker” vs. “logistics provider”). Federal rules prohibit certain broker misrepresentations, and the paperwork can matter when a company tries to deny its role after a catastrophic crash. (eCFR)
The Big Legal Complication: Federal Preemption (FAAAA)
Here’s the tough truth: Even strong “this broker made a bad choice” facts can run into a federal preemption fight.
What the FAAAA says (the concept)
A federal law called the Federal Aviation Administration Authorization Act (FAAAA) broadly prevents states from enforcing laws “related to a price, route, or service” of a broker (and motor carriers) regarding transportation of property. (U.S. Code)
But there’s also a safety exception: the FAAAA does not restrict “the safety regulatory authority of a State with respect to motor vehicles.” (U.S. Code)
Why this matters in broker cases
Courts disagree about whether a personal-injury negligent-selection claim against a broker is:
- preempted as an attack on a broker’s “services,” or
- saved by the safety exception because it’s fundamentally about roadway safety.
This issue is headed to the U.S. Supreme Court
The U.S. Supreme Court granted review in a case that aims to resolve this split regarding whether negligent-selection claims against freight brokers are preempted. (Steptoe & Johnson PLLC)
What that means for Texans: broker liability law is evolving, and the best approach is to evaluate (1) the facts, (2) where the case will be filed, and (3) which legal theories fit the evidence without relying on one “magic” claim.
What About Suing the Shipper (The Company Moving the Freight)?
Suing the shipper is less common than suing the carrier/driver, but it can be appropriate when the shipper did more than simply “hand off” the load.
Situations where shipper liability can come into play:
- Negligent loading / securement: freight loaded improperly, shifting cargo, overweight issues, or unsafe securement that contributed to loss of control.
- Unsafe loading/unloading practices: shippers sometimes control the loading site and procedures.
- Retention of control: if the shipper effectively controlled key safety aspects of the job.
Shippers also sometimes try to distance themselves through contracts. In serious injury cases, the real question is often: Who actually controlled what, and what did they know?
A Practical Table: Who You May Be Able to Sue (and What We Look For)
| Potential Defendant | Their Role | What Typically Creates Exposure | Key Documents/Evidence |
|---|---|---|---|
| Truck driver | Operated the rig | Unsafe driving, fatigue, impairment, distraction | Police report, witness statements, ELD/HOS data, phone records |
| Motor carrier | Put the truck on the road | Hiring/training, maintenance, safety policy failures | Driver file, maintenance records, ELD downloads, inspection history |
| Freight broker / 3PL | Arranged the load | Negligent selection, misrepresentation, control over logistics | Rate confirmation, load tender, carrier packet, emails/texts, screening notes, transaction records (eCFR) |
| Shipper | Owned the freight | Negligent loading, unsafe dock practices, retained control | Bills of lading, loading diagrams, dock policies, surveillance video |
The “Ship-It-Now” Culture: How Speed and Price Can Create Real Safety Consequences
In the real world, brokers compete on:
- speed (“can you cover this load right now?”)
- price (lowest bid wins)
- capacity (finding “anyone available” during crunch periods)
Those pressures can lead to shortcuts:
- relying on a carrier that will say “yes” to anything
- skipping meaningful vetting because “we’ve got to move it today”
- prioritizing cost savings over safety margins
This isn’t about demonizing logistics—it’s about recognizing how rushed selection decisions can become a foreseeable risk when they place unsafe equipment and drivers on Texas roads.
Documents That Matter in Broker Liability Cases (Checklist)
If you can do so safely, start building a paper trail early. In catastrophic truck cases, evidence can disappear fast.
After a crash, key items include:
- Crash report number and responding agency
- Photos/videos of vehicles, trailer, DOT numbers, cargo, skid marks, road conditions
- Names/contact info for witnesses
- Your medical records and billing (keep everything)
Broker-specific items we often pursue:
- Load tender / rate confirmation (shows who arranged the haul and the terms)
- Carrier onboarding “packet” and vetting checklist (if any)
- Emails/texts between broker, carrier, and shipper about timing, routing, and problems
- Proof of the broker’s transaction records (federal rules require recordkeeping and allow transaction parties to review) (eCFR)
- Any “we need it there by ___ no matter what” communications that suggest unsafe pressure
How Insurance Adjusters Evaluate These Cases (and Where People Get Tripped Up)
In a standard car wreck, you’re often dealing with one insurer and one policy. In a commercial truck wreck, it’s often layered:
- driver
- motor carrier
- trailer owner
- broker/3PL
- shipper
- sometimes additional contractors
Adjusters and defense teams commonly try to:
- isolate blame to the driver alone
- argue the broker is legally protected by federal preemption
- push an early statement before you understand the scale of injury or who all the players are
- assign partial blame to you to reduce value
Texas follows proportionate responsibility rules. If you’re found more than 50% responsible, you can’t recover damages. (statutes.capitol.texas.gov) That makes early “blame shifting” a real financial risk.
How Long Do I Have to File a Lawsuit in Texas?
In many Texas personal injury and wrongful death cases, the general deadline is two years from when the claim accrues. (statutes.capitol.texas.gov)
There can be exceptions, but you should not assume you have “plenty of time”—commercial evidence (camera footage, ELD data, internal messages) can be overwritten long before the two-year mark.
What a Truck + Broker Case Usually Looks Like (A Realistic Timeline)
Every case is different, but a typical progression looks like this:
- First 1–2 weeks
- Medical stabilization, initial investigation, identifying all entities involved
- Evidence preservation requests (especially for electronic data)
- First 30–90 days
- Collecting records, mapping relationships (shipper ↔ broker ↔ carrier)
- Evaluating liability theories, including preemption risks
- 3–12 months
- Treatment course becomes clearer; damages documentation develops
- Serious negotiation begins when future medical needs are better understood
- If suit is filed
- Discovery (subpoenas, depositions, corporate reps)
- Motions, including potential broker preemption challenges
- Mediation or trial prep depending on the dispute points
Common Mistakes to Avoid After a Serious Truck Crash
- Giving a recorded statement before you know who all the parties are
- Assuming the trucking company is the only defendant
- Waiting too long to preserve electronic evidence
- Posting about the crash or injuries on social media
- Accepting a quick settlement while treatment is ongoing
Attorney Insight: Where Broker Liability Cases Are Won or Lost
Broker cases often turn on one question: What did the broker know (or reasonably should have known) when it picked this carrier for this load?
Strong cases usually have at least one of these:
- clear documentation showing the broker’s selection process was minimal or nonexistent
- internal communications revealing awareness of red flags
- facts suggesting the broker’s deadlines or instructions created unsafe pressure
- contracts/paperwork contradicting the broker’s “we had nothing to do with operations” narrative
Weak cases often rely on general statements like “they should have checked more,” without tying the broker’s decisions to concrete, provable safety risk indicators.
Because the law around broker negligent-selection claims is actively developing (including Supreme Court review), building the case as a full-picture trucking investigation—not a one-theory-only bet—matters.
FAQs
Can I sue the freight broker even if the driver worked for a different trucking company?
Possibly. The broker’s liability theory is usually about selection and decision-making, not employment. Whether the claim survives can depend on federal preemption arguments and the facts of the broker’s role. (U.S. Code)
Do brokers have to keep records showing which carrier they hired?
Yes. Federal regulations require brokers to keep a record of each transaction and keep those records for three years, and parties to the brokered transaction have a right to review the record. (eCFR)
What if the broker says “we’re not responsible—we don’t own trucks”?
That’s a common defense position. Legal responsibility, when it exists, is typically argued through negligent selection, misrepresentation, or unusual levels of control—again, heavily fact-dependent.
Will the Supreme Court decision end broker lawsuits?
No matter what happens, trucking cases will still proceed against drivers and motor carriers when supported by evidence. The Supreme Court’s review is focused on how federal preemption applies to certain broker negligent-selection claims.
What if the insurance company says I’m partly at fault?
In Texas, fault percentages matter. If you’re found more than 50% responsible, you generally can’t recover damages. (statutes.capitol.texas.gov)
Next Steps If You Were Hurt in a San Antonio Truck Crash
If you suspect a broker or shipper was involved, it’s worth getting clarity on who arranged the load and what paperwork exists before critical evidence goes stale.
Firm Contact
Ryan Orsatti Law
4634 De Zavala Rd, San Antonio, TX 78249
Phone: 210-525-1200
“This blog is for informational purposes only, not legal advice. Reading it does not create an attorney-client relationship. Past results do not guarantee future results.”