Even though freight brokers play a limited role in the transportation of a good in interstate commerce, they can be found liable for the negligent acts and/or omissions of a motor carrier or its driver if they maintain a high level of control over the delivery, or provide the motor carrier the equipment needed to
Who is responsible to file a freight claim?
The receiver, also often noted as the consignee, is responsible for documenting any loss or damages that might result from the carriage and delivery of freight.
Does a broker process loss and damage claims?
No, a broker assumes no responsibility for the shipment and does not touch the shipment. A claim must be filed with the appropriate motor carrier, which usually would be the delivering carrier or the carrier causing the loss.
Who is liable for cargo damage?
If the shipper can prove that a carrier received the goods in an undamaged state and delivered them damaged or lost, the carrier will be liable unless one of the five exclusions to carrier liability exist and the carrier was not negligent.