# Penske Asks the Full Fifth Circuit to Rehear a Trucking Liability Ruling: Why More Than One Company Can Answer for a Truck Crash

Penske wants the full Fifth Circuit to reconsider a panel ruling that Penske Logistics can be held vicariously liable for a fatal Texas truck crash after the load passed through a broker and two carriers. Why the case matters in Louisiana.

A federal appeal being watched closely by the trucking industry could affect liability in Louisiana 18-wheeler crashes. The Fifth Circuit for the U.S. Court of Appeals, which hears federal appeals from Louisiana, Texas and Mississippi, is deciding whether to rehear the case with all of its active judges, a process called en banc review. As of [FreightWaves'](https://www.freightwaves.com/news/penske-request-for-en-banc-hearing-gets-pushback-from-victims-estate) October 12, 2026 report, the court had not decided.

## What Happened

The case, *Crane v. Liberty Lane*, arises from a crash on December 26, 2018, on Highway 202 in Bee County, Texas, where a man was killed on impact. According to FreightWaves, the load passed through several hands before the truck reached the road:

1. Adient, a car seat manufacturer, hired **Penske Logistics** to move its freight.
2. Penske Logistics gave the job to **Penske Transportation Management**, its brokerage affiliate.
3. That brokerage handed the freight to a carrier, **Liberty Lane**.
4. Liberty Lane brokered it again, to **OK Trans**, whose driver was in the crash.

Penske has said it did not know about the handoff from Liberty Lane to OK Trans.

The Penske companies won summary judgment in federal district court in the Southern District of Texas. On August 4, 2026, a Fifth Circuit panel reversed on both claims in the case, which is captioned on appeal as [*Crane v. Penske Transportation Management*, No. 25-40012](https://www.ca5.uscourts.gov/opinions/pub/25/25-40012-CV0.pdf):

- **Penske Logistics.** The panel held that Penske's assumption of control and responsibility for the truck made it the driver's statutory employer, regardless of whether the companies followed the formal leasing requirements. The plaintiffs can therefore hold Penske vicariously liable, meaning responsible for the driver's conduct without fault of its own, if they prove the other elements of liability.
- **The Penske brokerage.** The district court had found the negligent-hiring claim against Penske Transportation Management preempted by federal law. While the appeal was pending, the U.S. Supreme Court ruled in *Montgomery v. Caribe Transport II* that the safety exception in the Federal Aviation Administration Authorization Act applies to negligent-hiring claims against brokers, so the panel revived that claim too.

Penske now asks the full court to rehear the case. It argues the panel held it vicariously liable "as a statutory employer of the owner-operator of the truck whom it did not control."

## The Plaintiffs' Response

The plaintiffs, who are connected to the victim's estate, argue that Penske Logistics did have an arrangement with the truck's operator, made through its broker subsidiary and another carrier. They wrote: "The fact that this 'arrangement' was indirect, rather than direct, makes no difference."

Their argument rests on the federal leasing rules. Under [49 U.S.C. § 14102](https://www.govinfo.gov/content/pkg/USCODE-2024-title49/html/USCODE-2024-title49-subtitleIV-partB-chap141-subchapI-sec14102.htm), a motor carrier that uses vehicles it does not own can be required to make the arrangement in writing and to "have control of and be responsible for operating those motor vehicles." Under [49 CFR 376.12](https://www.ecfr.gov/current/title-49/subtitle-B/chapter-III/subchapter-B/part-376/subpart-B/section-376.12), the lease must give the carrier "exclusive possession, control, and use of the equipment for the duration of the lease."

The American Trucking Associations and the Truckload Carriers Association filed a joint brief in connection with Penske's request, and the Trucking Industry Defense Association filed its own.

## Why the Case Matters in Louisiana

Because the Fifth Circuit covers Louisiana, its rulings carry weight in federal cases here. Whatever the court decides, the case shows a reality of modern trucking: the company whose name is on the truck is often not the only company involved. Depending on the facts, the parties that may share responsibility after a big-rig crash can include:

- The driver
- The motor carrier operating the truck
- Other carriers that accepted the load and passed it on
- Freight brokers that arranged the shipment, depending on their role and the law that applies
- Shippers and loaders, if improper loading played a part
- Maintenance shops and parts makers, if equipment failure contributed

Each of these companies may carry its own insurance. Identifying them often means working through bills of lading, rate confirmations, lease agreements and carrier records, and that paperwork can be hard to get and can change hands quickly. The resource on [freight broker liability](/resources/truck-accidents/scotus-freight-broker-liability/) covers when a broker can be sued for the carrier it chose, and the [truck accident](/louisiana/truck-accident-lawyer/) practice page covers these claims in Louisiana.

## Sources

- U.S. Court of Appeals for the Fifth Circuit, [*Crane v. Penske Transportation Management*, No. 25-40012 (Aug. 4, 2026)](https://www.ca5.uscourts.gov/opinions/pub/25/25-40012-CV0.pdf)
- FreightWaves, [Penske request for en banc hearing gets pushback from victim's estate](https://www.freightwaves.com/news/penske-request-for-en-banc-hearing-gets-pushback-from-victims-estate) (Oct. 12, 2026)
- [49 U.S.C. § 14102](https://www.govinfo.gov/content/pkg/USCODE-2024-title49/html/USCODE-2024-title49-subtitleIV-partB-chap141-subchapI-sec14102.htm)
- [49 CFR 376.12](https://www.ecfr.gov/current/title-49/subtitle-B/chapter-III/subchapter-B/part-376/subpart-B/section-376.12)