Fifth Circuit reinstates liability claims against Penske Logistics in fatal 2018 crash

Published Aug 10, 06:01 PM UTC

The Fifth Circuit Court of Appeals has reinstated liability claims against Penske Logistics and Penske Transportation Management in connection with a fatal 2018 jackknife crash in Texas. The ruling holds that carriers retain vicarious liability as a load moves down a multi-party brokerage chain, even without knowledge of re-brokering. This decision, citing the U.S. Supreme Court's Charas v. Trans Air precedent, eliminates the Federal Aviation Administration Authorization Act's safety-exception shield for brokers. The case involved a load that passed through four parties before the crash. Separately, a Texas ruling this week 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 stagnant labor market.