Hot off the presses breaking news. The United States Supreme Court just issued a decision that will have a huge impact for people injured in trucking crashes.
Based on a case that was started by injury attorneys in Illinois, you can now sue freight brokers if a freight broker negligently hires an unsafe trucking company, and that unsafe carrier causes a crash, state-law negligence claims against the broker are allowed.
Prior to this ruling, which was shockingly unanimous, you could not sue a freight broker like CH Robinson, TQL or others because it used do be that they could say that under Federal law they were exempt. Not true any more.
This is a game changer which will make winning cases easier because you will have more companies to sue. And it will make these cases more valuable for two reasons:
- There will be more insurance because there are more companies named defendants.
- Many of these shady trucking companies carry minimal insurance. But if you can go after the broker too, a case that might have been capped at $1 million could not suddenly be worth tens of millions of dollars if there is a death or catastrophic injury.
The key point is that a big freight company like C.H. Robinson will not be limited to whatever insurance policy they have. It is estimated that they are worth $18 billion. So if your lawsuit is worth $30 million, you will be able to collect that amount if you get that judgment at trial.
This case is a direct negligence path to suing freight brokers. Some of these brokers act recklessly and ship with companies that they know have a history of safety violations. This ruling is a new interpretation of the Federal Aviation Administration Authorization Act (“FAAAA”) and it is incredibly worker and consumer friendly.
What this case does not mean is that suing a freight broker is a slam dunk. You still have to prove that they were negligent in hiring whatever trucking company they chose. You also need to have a proper investigation done of the accident which often means having an attorney hire an accident reconstruction specialist.
The truth is that there are only a limited number of law firms that have had great success with winning catastrophic trucking accident lawsuits. As attorneys ourselves, we know who these firms are because every day we are monitoring court cases for results. We know who does the best job and can not only win your case, but recover the most money for you.
The lawyers that win most of these cases are typically not ones that you see advertising on TV or that most regular people have even heard of. If you would like us to tell you who we would recommend for your unique case, please contact us for a FREE case review with an experienced lawyer. We will discuss what happened and tell you who we think you should hire based on what your case facts are. You can call us in confidence any time at 312-346-5320 or 800-517-1614.
Some things we consider in suggesting an attorney include:
- Where did the accident take place? There are some great attorneys who only handle Illinois cases and others who go throughout the country.
- How bad are the injuries? The type of attorney needing for a trucking death or brain injury is different than the one needed for a broken leg. We want to make sure that you get the best law firm for what your case involves.
- Who was at fault? We have worked with other lawyers who have won cases even when the victim was ticketed. Some firms will not consider those cases. We know the best ones who will.
- Do you have personal needs? Perhaps you would be more comfortable with a lawyer who speaks Spanish. Maybe you can not travel, but want a lawyer who will come to you. We will get you exactly what you want and need.
- Is the best attorney at the firm available? In some cases, you should work with a certain lawyer from the get go. If we know they will be on trial for a month on another case and that there is another firm that has more availability that also does a great job, we will recommend the firm that has more time.
- When did the crash happen? Ideally in any catastrophic accident, you will get the case investigated ASAP. That gives you the best chance at securing evidence. Some people wait and when you do that, it can impact which law firm gives you the best chance of success.
- What will they charge you? Every attorney we recommend works on a contingency basis which means there is no fee unless you win the case. Some firms try to take 40-45% of what is recovered. That is too much in our opinion. We only work with firms that charge 1/3 or less.
We treat everyone who reaches out to us like a family member or friend. If you would like our help, please get in touch any time.
