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Michigan Bill Would Let Freight Brokers Be Sued for Hiring Truck Drivers With Known Serious Safety Problems, and Owner-Operators Could Face Tougher Screening

An owner-operator talks on a phone in the cab of a white semi parked at a Michigan truck stop on a gray autumn day, the phone screen not visible
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A Michigan bill could put freight brokers on the hook after certain serious truck crashes, according to Land Line. The bill, HB6286, is in the House Judiciary Committee. It is a proposal, not law.

What the bill would do

Rep. Brad Paquette, R-Niles, is the sponsor. Land Line reports that the bill would change who can be sued after certain truck crashes. Brokers, which arrange loads and connect shippers with trucking companies, could face legal trouble if they hire or keep a driver they knew, or should have known, was unfit to drive safely. The bill could affect truck drivers, owner-operators, independent contractors and motor carriers.

The standard: particular unfitness

The bill uses a specific standard called "particular unfitness." Land Line explains that it means a driver has a known, serious safety problem. A history of reckless driving or major safety violations could meet it. A minor mistake or a general claim that someone is a poor driver would not be enough.

The safety problem must also have a direct connection to the crash. Land Line's example: a broker could face a lawsuit if it knew, or should have known, that a driver had a history of hours-of-service violations, and that driver later caused a crash because of fatigue. A bad driving record alone would not automatically make a broker responsible.

Limits in the bill

Michigan has its own no-fault vehicle insurance system. HB6286 recognizes those rules and would not allow these claims when state law already bars lawsuits over a vehicle crash, Land Line reports. In general, the bill's rules would apply only when a crash qualifies for a lawsuit under Michigan law, which can include cases involving serious injuries or deaths. The bill excludes crashes involving school and bus drivers.

What it means for truckers

Land Line says the biggest change could come before any crash happens. If brokers face more risk, they may take a harder look at a driver's safety record before booking a load. That could mean more background checks and closer reviews of past violations for owner-operators and independent contractors. Drivers with serious safety problems could have a harder time finding freight.

Truckers in Michigan can follow the bill's progress through the state legislature's website and their own representatives.

Quick facts

FAQ

Is HB6286 law?

No. It is in committee.

Would one ticket make a broker liable?

Land Line says a minor mistake would not meet the standard, and the problem must be connected to the crash.

A question for readers

Owner-operators, would tougher broker screening change how you find loads?

Save this story for later

An owner-operator talks on a phone in the cab of a white semi parked at a Michigan truck stop on a gray autumn day, the phone screen not visible

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