Fifth Circuit reinstates vicarious liability claims against Penske in fatal 2018 crash, ruling brokers not shielded by FAAAA

Published Aug 10, 06:01 PM UTC

The Fifth Circuit Court of Appeals reinstated liability claims against Penske Logistics and Penske Transportation Management in a fatal 2018 Texas jackknife crash, ruling that carriers retain vicarious liability even when a load is re-brokered downstream. The load passed through four parties before the accident, and the court cited the Supreme Court's Charas v. Trans Air precedent to eliminate the FAAAA safety-exception shield for brokers. The ruling is expected to pull other brokers back into active lawsuits. Separately, a Texas court rejected shipper liability claims against Atlas Freight. The article also notes that BLS data showed only 100 trucking jobs added in the latest month, indicating a flat market.