Confusing Jury Instructions Create Unexpected Liability for Trucking Brokers and Shippers

Plaintiffs have long targeted trucking brokers and shippers in personal injury litigation in search of deeper pockets and additional insurance coverage. While negligent selection claims remain common, plaintiffs are increasingly turning to agency theories of liability—often with greater success. Vague, plaintiff-friendly jury instructions on the “right to control” have lowered the evidentiary bar, allowing juries to impose liability on brokers and shippers even in the absence of written agreements or actual control over motor carriers. As a result, agency claims are emerging as a powerful and costly new front in trucking litigation, requiring brokers and shippers to reassess their contracts, practices, and defense strategies now to mitigate future exposure.