In catastrophic truck crash cases, the negligent motor carrier often is a mom and pop carrier with few assets, and insurance with only the minimum limits required by the Federal Motor Carrier Safety Administration — $750,000. These insurance limits will be woefully inadequate in such a case. The crash victim's lawyer and the trucker's lawyer share an interest in locating all potential defendants and sources of insurance coverage, and ensuring that they are in play and have a place at the table.

Answers to the following questions will help to identify all potential defendants:

1. Who is the driver?
2. Who is the motor carrier?
3. Who is the broker/logistics company?
4. Who is the driver's employer?
5. Who is the safety company?
6. Who owns the tractor?
7. Who owns the trailer?
8. Who loaded the trailer?
9. Who is responsible for maintenance?
10. Who is the shipper?
11. Who is the operations company? and
12. Who planned the rig's route?

In addition to the parties revealed by the answers to these questions, “statutory employers” of the driver are potential defendants. The Federal Motor Carrier Safety Regulations (FMCSR) make the driver the statutory employee of the motor carrier, regardless of whether the carrier nominally designates the driver as an independent contractor. The statutory employee doctrine arose out of the recognition that motor carriers were using independent contractor status to thwart the regulation of safety and the assignment of financial responsibility.