“Double Brokering” Truckloads and the Death of a 25-Year-Old
Sarah Susman was 25 years old when she was killed in a truck accident in her home state of Oregon in 2021. She died while driving to her job as an emergency medical technician. A load of logs on the back of a semi-trailer came loose and struck her vehicle and others. Her family partially blames a trucking industry practice where safety takes a back seat to convenience and cost savings.
At the Louisville law firm of Satterley & Kelley PLLC, our attorneys can take on trucking companies and their insurance carriers and win. We represent individuals in Kentucky injured by careless truck drivers and their employers so they receive the compensation they deserve. We also represent families who are killed in fatal truck accidents.
Four vehicles were involved in the accident, reports the Register Guard. The trailer tipped over, hitting two vehicles, one owned by Susman, and a pickup truck, which lost control and struck a Ford Mustang. The truck and Mustang drivers were taken to a nearby hospital with injuries.
What Could Go Wrong, Did Go Wrong
An investigation found the log truck and its driver were an accident waiting to happen. By sheer random circumstances, Susman, not someone else driving in the area, was killed. According to The Street, police found the following:
- The driver, Shane McVay, was intoxicated
- The truck’s front brakes didn’t work
- The truck was speeding
- The trailer was overloaded by about 1,300 pounds
McVay was arrested and found guilty in 2022 of first-degree manslaughter, driving under the influence of intoxicants, and recklessly endangering other people. He received a ten-year prison sentence.
Susman’s family sued the companies involved in the shipment in a wrongful death action in 2023 that seeks $65 million in damages. The trial started in June and is expected to last three weeks. At issue is not just the obvious factors that caused the accident, but how McVay, his truck, and his load ended up next to Susman and her car when the accident happened.
“Double Brokering” and How It Results in Semi-Trucks Endangering Others
Her family’s attorneys blame the practice of “double brokering” for creating the dangerous situation that took Susman’s life. The lawsuit alleges that double brokering occurs when multiple contractors pass hauling jobs among themselves with minimal oversight. The shipper may not know who ultimately moves their freight.
In Susman’s case, the logging company Starker Forests hired R&T Logging to haul its felled trees. R&T Logging subcontracted the work to Wolf Creek Timber Services and is accused of doing so without properly vetting the company for its safety practices.
The plaintiffs claim that the companies involved knowingly ignored safety regulations and failed to ensure the use of safe, competent operators and equipment.
Super Dispatch describes double brokering as a party acting as an intermediary connecting shippers and trucking companies for transportation services. This intermediary (whether they’re a broker seeking someone to haul a load or a trucking company) subcontracts the load to another company without the client’s knowledge or consent.
They state this is illegal and violates Federal Motor Carrier Safety Administration (FMCSA) regulations. They strictly prohibit brokers from subcontracting a load to another broker without the shipper’s explicit consent. This is considered a serious violation that increases the risks of complex liability issues, fraud, and unexpected delays.
Deliberate manipulation is usually involved, though it can also result from overbooking or miscommunication. Typically, shell trucking companies operating under misleading identities accept transport jobs, then illegally subcontract them to other carriers. The shell company receives payment, but it may not pay the original contracted carrier.
While double brokering is illegal, co-brokering is not. It occurs when a broker legally outsources a load to another broker with the shipper’s full knowledge and approval. This can occur when the primary broker lacks the capacity or expertise to handle a particular load.
Speak To a Kentucky Truck Accident Attorney Today
Commercial trucking is a highly hazardous business. A fully loaded semi-truck can weigh 80,000 pounds. Anything that heavy traveling at highway speeds has the potential to quickly and easily kill anyone in the way. Couple that with companies ready and willing to cut safety corners to make more money, and it’s no wonder so many like Sarah Susman lose their lives on America’s roads.
If you are injured or a loved one is killed in an accident with a commercial truck in Kentucky, Satterley & Kelley PLLC can get you the compensation you deserve. Put boots on the ground with our help.
Call us at 855-385-9532, locally 502-589-5600, or contact us online to arrange a free initial consultation with a Satterley & Kelley PLLC lawyer.