Court Rules 3PL Not Liable for Accident

TQL was recently found not liable for an accident involving a carrier the 3PL company hired. 

The case was filed by Katia Gauthier, whose husband, Peter, was killed in a 2020 Georgia accident when his car “collided with a tractor trailer that was blocking traffic while its driver attempted a U-turn on a state highway at night.” That driver worked for Hard to Stop LLC, a company hired by TQL to haul a freight load. 

Hard to Stop reached a settlement with Gauthier in 2022, but she also alleged TQL was liable because it hired the carrier. 

The 11th Circuit Court of Appeals concluded July 9 that the negligence claim against TQL was preempted by the Federal Aviation Administration Authorization Act (FAAAA), which “prohibits states from enacting or enforcing any law ‘related to a price, route or service of any ... broker ... with respect to the transportation of property.” 

In its opinion, the court noted it used the prior case of Aspen American Insurance Company v. Landstar Ranger, Inc., which says that the FAAAA “preempts state law claims against ‘a transportation broker’ who was allegedly ‘negligent . . . in its selection of [a] carrier.’” 

TQL is a member of the National Star Route Mail Contractors Association.