Dangerous trucking practice that puts everyone at risk

 The trucking industry has been facing unprecedented challenges in recent years, with a shortage of qualified drivers, rising fuel and insurance costs, a slew of new regulations to comply with, the threat of self-driving trucks looming, and now economic uncertainty caused by tariffs.

Unfortunately, some questionable decisions are being made in light of the difficult conditions that truckers and trucking companies have been experiencing. Sadly, some of those choices can have an adverse impact on road safety, putting every motorist on the road at risk of harm.

The dangers to those on the roads have become increasingly apparent, as the National Safety Council reported there was a 43% increase in large trucks involved in fatal accidents from 2003 to 2023 as well as a 12% rise in the number of large trucks involved in injury crashes since 2016.

Now, one large lawsuit against a trucking company highlights a dangerous practice that has been going on, and the attorney representing the plaintiffs in the case said that those who filed suit are hoping that it will be a "wake-up call for the trucking industry."

A dangerous trucking industry practice can lead to devastating accidents. 

Image source: Shutterstock

Lawsuit highlights the danger of practice

The lawsuit that has been filed — The Estate of Sarah Susman v. Starker Forests, Inc., R&T Logging of Oregon, Inc., Wolf Cr. Timber Services, Llc, Shane Mcvay — is a $65 million wrongful death claim.

It was filed following the death of Sarah Susman, a 25-year-old EMT and future medical school student. Susman was driving to work in September 2021 when a logging truck operated by a 67-year-old driver rolled over and lost its load.

Several vehicles were hit by the logs, including Susman, whose family is pursuing the claim. The incident was fatal, and an investigation by Oregon State Police revealed the driver was intoxicated, speeding, driving a truck with inoperable front brakes, and had a load that was 1,300 pounds overweight.

With strict federal and state regulations of commercial motor vehicles, it seems hard to believe one truck accident could involve all those issues — but surviving family members of the victim believe that the incident can be attributed to a dangerous injury practice referred to as "double brokering."

Now, they are suing multiple trucking companies in a trial that is expected to last several weeks. They hope not only to recover compensation for their personal losses, but also to raise awareness of the dangers of double brokering and to convince those engaged in the practice to stop the high-risk behavior to avoid similar tragedies in the future.

Why is double-brokering so dangerous?

Court filings in the civil lawsuit filed by Susman's estate explained that double-brokering is a practice within the trucking industry where multiple contractors pass hauling jobs between them with very little oversight or enforcement of safety regulations.

Typically, a broker will post a load to a load board and assign it to a carrier. That carrier, in turn, rebrokers it to a different carrier, without disclosing this either to the broker or the new carrier.

The first carrier is able to make money by getting the second to take the load at a lower rate — often without regard to whether the second carrier is qualified and follows best practices for safety.

When double-brokering occurs, the companies shipping the products often do not know which trucking companies or truck operators are responsible for moving their goods.

FreightWaves reported that double-brokering is very common, affecting anywhere from $500 to $700 million in freight annually. As the wrongful death lawsuit shows, however, the cost can be far higher, as it can come in the form of lost lives.

If the plaintiffs prevail in the $65 million wrongful death case, however, the case may turn out to be the wake-up call for the industry that the victim's family hopes it will be.

https://www.thestreet.com/automotive/truckers-get-hit-with-65-million-wake-up-call