Can You Sue a Broker After a Colorado Truck Crash?

Yes. In certain circumstances, you may be able to sue a freight broker after a Colorado truck crash, but broker liability is much more complex than claims against the driver or motor carrier. Whether a broker can be held responsible depends on how the broker selected the carrier, the degree of control exercised, and whether the broker engaged in conduct that contributed to the crash.

In this article, Bowman Law explains what a freight broker is, when a broker may be liable under Colorado and federal law, the challenges created by federal preemption, and the evidence that matters when evaluating broker responsibility after a crash.

What Is a Freight Broker?

A freight broker is a company that arranges transportation between a shipper and a motor carrier. Brokers do not typically own trucks, employ drivers, or transport freight themselves. Instead, they act as intermediaries matching loads with carriers and coordinating the logistics needed to move freight across state lines.

This distinction matters in Colorado truck crash cases. Because brokers are defined and regulated pursuant to federal law rather than Colorado statute, their liability does not come from operating commercial vehicles. Instead, broker responsibility depends on:

1. How they selected the motor carrier, including whether they ignored red flags in the carrier’s safety record.
2. What they knew or should have known about the carrier’s safety history, based on available data, inspection reports, and insurance verification.
3. Whether they exercised control over the transportation in a way that contributed to the crash, such as directing routes, schedules, or driver conduct.

In other words, brokers are not automatically liable simply because they arranged the shipment. Their responsibility arises from their own negligent conduct, as interpreted by Colorado’s common-law negligence principles and influenced by federal regulations that define and oversee broker operations.

When a Broker May Be Liable for a Truck Crash

While most truck accident claims focus on the driver and motor carrier, several legal theories suggest that the broker may also be held responsible. These claims involve a fact-intensive review of contracts, safety practices, operational control, and the broker’s decision-making process.

Negligent Hiring or Selection of the Carrier

A broker may be liable if it failed to exercise reasonable care when choosing the motor carrier. Examples include:

• Using a carrier with known safety violations
• Ignoring out-of-service rates, poor inspection histories, or missing insurance
• Continuing to assign loads to a carrier with a pattern of unsafe operations

Because brokers earn commissions on successful load placements, inadequate safety vetting is a recurring issue in litigation.

Retained Control or Agency

A broker that exercises significant control over how the carrier performs the work may be treated as more than an intermediary. Liability may arise if:

• The broker influences dispatch routes or schedules
• The broker directs driver behavior or load timing
• The broker manages aspects of transportation beyond simple matchmaking

The more operational control a broker retains, the more likely it is to be treated like a carrier for liability purposes.

Misclassification as a Motor Carrier

Some brokers publicly market themselves as carriers or control transportation in a way that resembles carrier activity. If the broker acts like a carrier, it may be held responsible as one even if it claims to only broker loads.

This issue often hinges on marketing materials, contracts, and the degree of oversight exercised by the broker.

A Key Hurdle: Federal Preemption Under the FAAAA

Broker liability claims often face challenges pursuant to the Federal Aviation Administration Authorization Act, 49 U.S.C. § 14501(c). This federal law restricts states from regulating the “prices, routes, or services” of brokers.

However, courts across the country have reached different conclusions on whether negligent hiring or selection claims are preempted. Some courts hold that these claims may proceed when they fall within the “safety exception,” while others take a narrower view.

Because this area of law continues to develop, broker liability often depends on the specific facts of the case and how a particular court interprets federal preemption.

Evidence Needed to Prove Broker Liability

Broker cases require targeted evidence that shows how the broker contributed to the crash. Important documents may include:

• Broker–carrier contracts, including safety obligations and control provisions
• Carrier vetting files, such as safety ratings, inspection histories, and insurance verification
• Load tenders, dispatch records, and communication logs
• Internal safety policies and compliance procedures
• Broker marketing materials, especially if they imply carrier-like control or responsibility
• Insurance information, including any policies available through the broker

This material helps determine whether the broker exercised reasonable care or retained control over the carrier’s operations.

How Broker Claims Interact With Claims Against the Driver and Motor Carrier

Claims against the broker do not replace allegations against the driver or motor carrier. In most cases, the broker claim is in addition to traditional negligence and vicarious liability claims.

Pursuing all responsible parties ensures:

• All available insurance coverage is identified
• Liability is fully explored across every link in the transportation chain
• No potentially accountable party is overlooked

Because crashes involving commercial vehicles often cause significant injuries, identifying all sources of coverage is essential to pursuing full compensation.

If you have questions about claims against drivers, carriers, or additional parties, a Colorado truck accident lawyer at Bowman Law can help you review your options.

Why Legal Representation Matters in Broker Liability Cases

These cases are complex. They involve federal preemption issues, multiple corporate parties, insurance coverage disputes, and detailed evidence about transportation practices. At Bowman Law, we explain how Colorado and federal law apply to your circumstances and evaluate whether the broker’s conduct contributed to the crash.

Our team gathers documentation, analyzes liability across all parties, and advocates for fair compensation in accordance with Colorado law.

Contact a Colorado Truck Accident Lawyer

If you were injured in a crash involving a commercial truck, identifying all potentially liable parties is essential to the success of your claim. Freight brokers whose decisions or oversight contributed to the crash must not be overlooked.

Contact Bowman Law to schedule a free consultation with a truck accident lawyer in Colorado and talk through your legal options for pursuing full and fair compensation.