Non- Obvious Third-Party Defendants

Maxey Scherr’s meticulous approach enables her to identify hidden liable parties in complex trucking accident cases. Scherr Law Firm thoroughly investigates every angle, bringing to light any third-party defendants who may bear responsibility for the accident.

Uncovering Hidden Liabilities in Trucking Accidents

Trucking companies often employ complex strategies to avoid accountability, such as classifying drivers as independent contractors or requiring them to sign agreements claiming they are the motor carrier. This allows big companies like FedEx, Amazon, and numerous others to try to position themselves as brokers, which may be in attempt to shift liability away from themselves and limiting victims’ recovery to the driver’s minimum insurance policy

At Scherr Law Firm, Maxey Scherr excels in identifying these hidden liabilities and holding major corporations accountable. Her meticulous investigations ensure that responsible parties pay their fair share, delivering justice and maximizing with the following
results for her clients.

Holding Big Companies Accountable

Many victims are unaware of how to navigate these legal complexities and pursue claims beyond the driver’s limited insurance policy. Maxey Scherr has a proven track record of challenging these deceptive practices and exposing the liability of third-party companies. With her expertise, clients can overcome the hurdles that often leave them with no results in these cases.

Why Identifying Third-Party Defendants Matters

Holding all responsible parties accountable can increase potential results and ensure justice for trucking accident victims. If you or a loved one has been affected by a trucking accident, our experienced attorneys can help investigate and pursue all potential sources of liability.

Who Are Non-Obvious Third-Party Defendants?

1. Shippers & Receivers

• Shippers may be liable for hiring unsafe carriers, improperly loading cargo, or enforcing unreasonable delivery deadlines.
• Receivers can be responsible if they created hazardous unloading conditions or contributed to the accident in other ways.

2. Freight Brokers & Forwarders

• Freight Brokers connect shippers with carriers and can be held liable for failing to vet unsafe trucking companies.
• Freight Forwarders take on a more active logistical role and may share responsibility for accidents involving unsafe practices.

3. Insurance Companies

• Some insurers may be held accountable for bad faith insurance practices, wrongful denial of claims, or improperly underwriting high-risk carriers.

4. Other Drivers

• Reckless actions by passenger vehicle drivers—such as cutting off a truck or driving aggressively—can be a contributing factor in trucking accidents.

5. Truck Owners & Lessors

• Trucking companies often lease vehicles from third parties. Under 49 C.F.R. § 376.12, the owner/lessor of a truck or trailer may be responsible for mechanical failures, improper maintenance, or leasing to an unqualified driver.

6. Government Agencies

• Federal and state agencies, such as the FMCSA and DOT, may be liable if they failed to enforce safety regulations or improperly licensed unsafe carriers or drivers.

7. Mechanics & Repair Shops

• Faulty repairs, neglected maintenance, or the installation of defective parts can make mechanics and repair shops liable for contributing to an accident.

8. Truck & Parts Manufacturers

• If defective brakes, tires, steering systems, or other mechanical failures played a role in the crash, the truck or parts manufacturer may be responsible under product liability laws.

9. Cargo Loaders & Warehouse Operators

• Cargo that is overloaded, unbalanced, or improperly secured can cause a truck to jackknife or roll over. The party responsible for loading may be liable under FMCSA regulations (49 C.F.R. Part 393).

Legal Theories for Liability

There are multiple legal grounds under which these third parties may be held responsible, including:

• Negligence – Failing to act with reasonable care, resulting in an accident.
• Vicarious Liability – A company may be responsible for the actions of employees or contractors.
• Negligent Hiring/Retention – Failure to properly vet trucking companies or drivers.
• Product Liability – Manufacturing or selling defective truck parts.
• Breach of Contract – Failure to meet contractual obligations that contributed to unsafe conditions.

Maxey’s Expertise and Passion for Advocacy

Beyond her practice, Maxey Scherr is dedicated to educating others about these common, yet overlooked, issues in the trucking industry. She frequently teaches seasoned legal professionals how to uncover hidden liabilities and maximize recovery for their clients. Her passion for accountability and justice drives her work and her commitment to sharing her knowledge.

Our Process:

• Investigating Driver Agreements: Analyzing contracts to identify how liability is shifted to drivers.
• Uncovering Broker Responsibility: Examining the role of large companies in structuring liability.
• Maximizing Recovery: Pursuing claims beyond the limited insurance policies of drivers.
• Advocating for Change: Educating others to create a stronger and more informed legal community.