By Stevan R. Baxter 801.365.1019 [email protected] When moving freight between states, shippers often hire freight brokers to arrange for licensed motor carriers to physically transport their freight from origin to destination. In order to arrange for that transportation, freight brokers have to be licensed (49 U.S.C. § 13904) and carry a bond (49 U.S.C. § Read More
By Stevan Baxter [email protected] 801.365.1019 When a cargo claim occurs on a brokered load, freight brokers often pay that claim to the shipper and take an assignment of the shipper’s cargo claim against the motor carrier. That cargo claim has to be pursued under 49 U.S.C. § 14706. Once the rights to the cargo claim Read More
Freight brokers often find themselves in a losing game of tug-of-war with carriers when it comes to deciding who will shoulder the costs of lost or damaged cargo. Now, thanks to the emergence of industry-specific insurance, this is starting to change. The Carmack Amendment places liability for lost or damaged cargo in the laps of Read More
When something goes wrong in freight transportation, it’s not uncommon for everyone involved to be from different states. Add to that all the states the cargo traveled through, and potential locations for resulting litigation can stack up quickly. With a little planning and careful contract review, you can both choose the state for claims you Read More
Freight brokers are increasingly facing consignees who reject freight when a carrier shows up at the delivery dock with a broken seal. Here is how you can defend against the trend. In both truckload and less-than-truckload shipments, shippers often require their freight to be transported in “sealed” containers. Sealed shipments help document chain of custody Read More
Too often freight brokers lose out on the opportunity to establish safety nets in their contracts. Freight brokers occupy a unique space in transportation. They arrange for transportation of cargo from point A to point B by selecting a qualified carrier, communicate with the shipper and consignee about special needs or instructions, and work with Read More
As employers in the business industry know, they are directly responsible for any damages a negligent employee may cause. This is known in the legal field as “respondeat superior” or “vicarious liability” and is imposed regardless of whether or not the employer was involved or even aware the problem was going on. In contrast, employers Read More
A question we frequently get from our broker clients is whether they should pay their client, the shipper, for loss or damage caused to the shipment during transit, and take an assignment of the shipper’s claim against the carrier. The question can be a difficult one and often largely depends on the broker’s relationship with Read More
If you have experienced loss or damage to your shipment, you need to act fast. A shipper that has experienced loss or damage to a shipment by a carrier needs to file a claim with the carrier in order to attempt to recover for the loss of the cargo. It is important to act quickly Read More
