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ARTICLE · 20 NOVEMBER 2024

Independent Counsel Issues In Trucking Cases

In major accidents involving severe injuries or even death, claimant attorneys join freight brokers to the claim in an attempt to maximize the amount of insurance...

United StatesInsurance

(October 2024) - In major accidents involving severe injuries or even death, claimant attorneys join freight brokers to the claim in an attempt to maximize the amount of insurance and assets that will be available to pay a judgment or settlement. By contrast, claimant attorneys with claims involving soft tissue injury or other minor damages often avoid the added challenges and costs of trying to establish liability against the freight broker, because the motor carrier has ample insurance to pay the likely judgment or settlement. This trend is understandable considering that motor carriers' minimum insurance requirements under FMCSA regulations are as low as $750,000 for general freight or $1 million for low hazardous materials, and certain motor carriers' requirements are even lower. In addition, freight brokers often require a motor carrier to have $1 million in liability insurance and to include the freight broker as an additional insured.

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