Freight Brokers Beware: No Federal Law Protection for Hiring Unsafe Motor Carriers
On May 8, 2019 Plaintiff’s decedent was driving along Interstate 40 in Oklahoma when she was rearended by a semi-truck. She died from her injuries. The Personal Representative sued Total Quality Logistics, Inc. and Total Quality Logistics, LLC (“TQL”) for negligence under Ohio law. The Personal Representative alleged that TQL, in its capacity as a freight broker, negligently hired an unsafe motor carrier which resulted in the crash and death of his wife.
The federal district court dismissed the action on the ground that Mr. Cox’s claims were preempted by the Federal Aviation Administration and Authorization Act (“FAAAA” or “the Act”), 49 U.S.C. Section 14501(c). The action was then appealed to the United States Court of Appeals for the Sixth Circuit. The question on appeal was whether the district court properly dismissed Plaintiff’s claim based on federal law preemption. Ultimately, the Sixth Circuit reversed the district court’s decision, applying the FAAAA’s “safety exception” to federal preemption.
The Sixth Circuit held that where a negligent hiring claim against a truck broker substantively concerns motor vehicles and motor vehicle safety, such a claim is within the “safety regulatory authority of a State with respect to motor vehicles.” Because the Plaintiff’s claim is one of common law auto negligence, the Plaintiff’s claim falls within an exception to the Act.
The Sixth Circuit’s decision creates liability exposure for freight brokers for negligent hiring of unsafe motor carriers. This decision holds freight brokers to a high standard of hiring.
Read entire case at:
Cox v. Total Quality Logistics, Inc., No. 24-3599
https://law.justia.com/cases/federal/appellate-courts/ca6/24-3599/24-3599-2025-07-08.html
About Alexander & Angelas, P.C.
Attorney Peter A. Angelas represents defendants in civil liability litigation across Michigan. His practice areas include insurance defense litigation, premises liability, motor carrier (trucking) defense, corporate and commercial litigation, construction defect litigation, auto negligence, insurance coverage disputes, emergency casualty response services, alternative dispute resolution, subrogation claims, workers’ compensation, employment law, and liquor liability.
Mr. Angelas practices in all state and federal courts in Michigan, including Wayne County (Detroit), Macomb County (Mount Clemens), Oakland County (Pontiac), Washtenaw County (Ann Arbor), and Genesee County (Flint).
A 24/7 Emergency Hotline is available (800-219-0007) for trucking and insurance company clients. When an accident requires an immediate response to protect evidence, members of the firm quickly launch an investigation with the assistance of well-qualified accident investigators, crash re-constructionists, mechanical engineers, civil evidence photographers, and independent adjusters positioned throughout Michigan.
