Brokers Held Liable

[GMAN]

In any case, we were discussing whether CH Robinson or any other broker should be held liable for the behavior of a carrier with whom they contract to do business. My opinion is that they should not be held liable whether the carrier is out of business or not. Just because the one responsible is no longer able to be held liable doesn't mean that the next one in line should be held liable for any damages. Any judge worth his salt should have dismissed this case before it came to trial.

[Collard Greens]

I believe who ever this carrier lied and used somebody's else authority. I deal with CH and have seen guys whose insurance was due to cancel in a day or two and CH will not book the load if it was due to deliver after insurance cancellation. I have been sent notices from CH when my insurance was due to expire for renewal. Honestly I don't think they should be liable for this accident. I'm not defending them, but we have seen guys help friends out by booking a load under their authority because their friend had some problems with theirs. They can't check to see if this truck is actually leased on to that person.

[GMAN]

The lawyers want someone to blame who has deep pockets. In this case it was CH Robinson. The actual one who is to blame has no way to pay so they go after the broker.

[Orangetxguy]

The lawyers want someone to blame who has deep pockets. In this case it was CH Robinson. The actual one who is to blame has no way to pay so they go after the broker.

Quite frankly, I am surprised that the lawyers didn't name the shipper, or the farmer whom owned the product (it was potatoes wasn't it?) in the lawsuit, as well as CHR. CHR has allowed their employees and agents free reign, to treat carriers and drivers like slaves whom owe CHR a debt. It is to bad that the individual at CHR, whom dealt with the truck directly, wasn't involved in this settlement.

I have dealt with enough brokers, and CHR was one of them, whom demanded that the truck run illegal, after the driver spent hours sitting at a shipper, waiting to get loaded, then spent hours helping to load the product.

It is standard procedure in this industry, that the truck driver arrive on time to load the product, that the driver load said product by hand on frequent occasions, for pennies on the pound, or for free, then log said time spent loading the truck, as off duty time, so that said driver can drive the truck hundreds of miles, before shutting down.

This is something that is expected by Shippers, by Brokers, by the Consignee, and by trucking company Owners and Managers. Should a driver fail to do all of those things happily, he is considered a large pile of fecal matter, and black balled by the industry. It is unforgivable for a driver to deliver late. If the driver draws an illegal log book, and does something such as the driver of this discussion, those same people expect to be held unaccountable.

Shippers, Brokers, Consignees, trucking company Owners and Managers, do not want to hear said driver talking about being hungry, exhausted, over worked and under paid, out of hours, or anything else.

So why shouldn't all of them share in the penalty, when said driver screws the pooch and kills another individual?


You would be surprised how many Shippers and Brokers changed their tune (after calling and demanding that a truck be run hard), when I told them in clear language, that I would be happy to send the truck in question back, and they could remove the product from the deck of the truck, OR, they could keep their demands to themselves, and allow us to run our business, letting the truck make it's run legally and safely. I was always happy to provide regulation numbers for those whom doubted my knowledge.

I still am happy to tell ignorant managers what they can do with their expectations. There have been instances where I have offered to provide the lubrication, for their opinions and anatomical body parts to enter orifices easily.


This attitude that "It is the fault of the driver, all by him or her/self" makes my butt hurt. If people cannot look at a map, divide a certain number of miles, by a certain and legal mile per hour, add in the time needed for legally required rest breaks and vehicle service periods and come to a legitimate arrival time, from point A to point B, for a delivery time....then everybody, including the driver whom fails to stand up for him or her/self, should ante up when it comes time to "Pay the Piper".


As an "Owner Operator" I get all warm and giggly, when I tell a manager that it is not his place to treat me as an employee, unless of course I am receiving all the benefits of a company employee. I have a contract and I have read that contract. I am a business man, and the company I am leased to is my business partner. I expect to be afforded the respect that being a partner deserves.





just sayin

[dieselmanic]

Well said. It's upon the broker to verify the carriers insurance and safety rating. It looks like a lack due diligence upon the broker. and this lack of verification is what allows sub-standard carriers to create problems for all carriers.

[GMAN]

I believe the carrier had insurance at the time of the accident. It is my understanding that the problem came in with their safety rating and that they went out of business. Since they were out of business they came after CH Robinson. Essentially, they were following the money. If CH Robinson not had the resources to pay this type of judgment they would likely not have been named.