Playbook · Commercial Auto

Commercial Fleet and Trucking Collisions

When a tractor-trailer, a box truck or a fleet van damages your insured's vehicle, the recovery sits behind layers: the driver, the motor carrier, a lessor, a broker, a shipper and a repair shop. Federal motor carrier rules create records that prove fault, but ELD data and camera footage are short-lived. Ishqkala identifies the motor carrier of record and the federal filings behind it so nothing in the chain is overlooked.

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Average missed recovery

Varies by loss

Typical adverse parties

Motor carrier of record (USDOT number on the cab)
Commercial driver
Owner-operator and the carrier it is leased to
Freight broker that selected the carrier
Shipper responsible for loading
Repair shop or tire service vendor

Red-flag phrases

What the adjuster note says when there is a recovery.

OV tractor-trailer, carrier name on door
USDOT number written on PR
driver said he was on his 11th hour
load shifted, pallets fell onto IV
wheel came off OV trailer
IV box truck had tires done last week
broker listed on bill of lading
OV owner-operator leased on to carrier

Loss scenarios

Who pays, and why.

Tractor-trailer sideswipe

Driver and motor carrier

A trailer drifts into the insured fleet van on an interstate. Respondeat superior reaches the carrier, and hours-of-service records may show fatigue.

Wheel-off after tire service

Tire or repair vendor

A wheel separates from the insured's truck days after service. Lug torque records and the work order point to the shop rather than the insured's driver.

Unsecured cargo strikes the insured

Motor carrier or shipper

Cargo falls from an adverse truck. The carrier owns securement duties; a latent loading defect can shift responsibility to the shipper.

Legal theories

The law behind the recovery.

Respondeat superior and leased-operator liability: The motor carrier answers for its driver. Under the federal leasing rules in 49 CFR Part 376, a carrier operating a leased owner-operator unit must have exclusive possession, control and use of it for the lease term.
Negligent hiring, retention and entrustment: Driver qualification files (49 CFR Part 391), violation histories and drug and alcohol testing records show whether the carrier should have kept the driver off the road.
Negligence per se under the FMCSRs: Hours-of-service (Part 395), cargo securement (Part 393) and inspection and maintenance (Part 396) rules set the standard of care.
Broker negligent selection: In Montgomery v. Caribe Transport II, LLC (May 14, 2026), the Supreme Court held that the FAAAA safety exception saves state negligent-selection claims against freight brokers from preemption.

Evidence checklist

Preserve before you pursue.

USDOT and MC numbers and the carrier's FMCSA insurance filing
ELD hours-of-service records
Engine control module data
Forward and driver-facing camera footage
Driver qualification file
Post-accident drug and alcohol test results
Bill of lading and broker load confirmation
Owner-operator lease agreement
Maintenance and inspection reports
Police report and scene photos

All evidence checklists

Recovery workflow

Step by step.

01
Send preservation demands
Within days, request ELD, ECM and camera data, and the driver file, from the motor carrier.
02
Identify every party
Use the USDOT number, bill of lading and lease to map carrier, owner, broker and shipper.
03
Confirm coverage
Check FMCSA insurance filings. Federal minimums for most for-hire general freight carriers are $750,000 (49 CFR 387.9).
04
Score the file
Ishqkala scores each adverse party separately and tracks the SOL for each claim.
05
Package and route
Assemble the demand with FMCSR violations cited, or route high-value files to recovery counsel.

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