Top 5 Legal Issues Impacting Fleets in 2025: Insights from Trucksafe LIVE! Ep. 45
The trucking industry will face significant legal and regulatory challenges in 2025, with developments that could reshape the landscape for motor carriers, brokers, and owner-operators. In the latest episode of Trucksafe LIVE!, hosts Brandon Wiseman and Jerad Childress sat down with Tyler Biddle, an attorney with Childress Law, to discuss the five most pressing legal issues impacting fleets this year. Catch the replay below or keep reading for a breakdown of the episode!
1. Broker Transparency and FMCSA’s Proposed Rulemaking
Perhaps one of the most controversial regulatory developments this year could be the FMCSA’s proposed broker transparency rule, which would require brokers to provide electronic records of transactions to carriers within 48 hours. The rule is intended to address concerns from small carriers and owner-operators who believe brokers are taking excessive margins. However, large brokers and trade organizations argue that such regulations are unnecessary and could impose significant administrative burdens.
The discussion highlighted the ongoing tension between transparency and business confidentiality. Biddle pointed out that FMCSA’s authority in this matter is questionable, as these financial disputes have, for the past few decades, been governed by market forces and private contracts rather than federal oversight. Given the sheer volume of comments on this proposed rule, its future remains uncertain, but fleets should stay informed as the regulatory landscape evolves.
2. Lease-Purchase Agreements Under Scrutiny
Lease-purchase agreements have long been a contentious issue in the trucking industry. The FMCSA’s Truck Leasing Task Force recently released a report condemning these agreements as “irredeemable tools of fraud.” The task force, composed primarily of plaintiff attorneys, union representatives, and driver interest groups , argued that these contracts often set owner-operators up for failure.
While some lease-purchase programs do present risks for drivers, Biddle noted that well-structured agreements can be beneficial for both carriers and independent contractors. Fleets utilizing lease-purchase models should ensure their agreements comply with federal truth-in-leasing regulations and provide fair financial terms to avoid potential litigation and regulatory crackdowns.
3. Independent Contractor Classification in Flux
The classification of independent contractors remains a moving target due to shifting federal and state policies. The Biden administration recently reinstated a more stringent version of the Department of Labor’s “economic realities” test, making it harder for owner-operators to be classified as independent contractors rather than employees. Whether the pendulum will shift the other way with the recent administration change is yet to be seen.
Biddle emphasized that while there is no silver bullet to avoid misclassification risks, fleets can mitigate liability by reviewing their agreements and operational controls. He also noted that this issue is likely to continue evolving, especially with political changes that could further impact enforcement priorities.
4. Reviewing Customer Contracts to Limit Liability
Many fleets sign customer agreements without fully understanding their liability exposure. Biddle urged fleets to carefully review contracts, particularly provisions related to cargo liability, payment deductions, and insurance requirements. Some agreements impose unlimited liability on carriers for cargo loss or allow shippers and brokers to withhold payments unilaterally.
To protect themselves, fleets should ensure that their cargo liability aligns with their insurance coverage, limit deduction rights for claims, and confirm that they are not agreeing to maintain insurance policies beyond their actual coverage levels. These small contract adjustments can prevent costly disputes and financial exposure.
5. Nuclear Verdicts and Asset Protection
The risk of massive jury verdicts—so-called “nuclear verdicts”—remains a top concern for trucking companies. While some states have implemented tort reform measures, the industry continues to face multi-million-dollar settlements in accident litigation. Biddle stressed that fleets should not only focus on compliance and safety but also consider corporate structuring strategies to protect their assets.
Separating assets into different entities—such as keeping real estate and equipment ownership separate from operating authority—can provide liability protection in the event of a lawsuit. Additionally, ensuring adequate insurance coverage and proactively managing safety risks can help fleets avoid becoming targets for high-dollar litigation.
Preparing for Legal Challenges in 2025
With regulatory uncertainty, evolving legal standards, and heightened litigation risks, 2025 presents a challenging environment for fleets. Proactively addressing these issues by refining contracts, reviewing operational practices, and staying informed on policy developments can help motor carriers navigate the shifting landscape. If you're interested in talking with Tyler about these legal issues or others, you can reach out to him here.
About Trucksafe Consulting, LLC: Trucksafe Consulting is a full-service DOT regulatory compliance consulting and training service. We help carriers develop, implement, and improve their safety programs, through personalized services, industry-leading training, and a library of educational content. Trucksafe also hosts a livestream podcast on its various social media channels called Trucksafe LIVE! to discuss hot-button issues impacting highway transportation. Trucksafe is owned and operated by Brandon Wiseman and Jerad Childress, transportation attorneys who've assisted some of the nation’s leading fleets to develop and maintain cutting-edge safety programs. You can learn more about Trucksafe online at www.trucksafe.com and by following Trucksafe on LinkedIn, Facebook, Twitter, and YouTube. Or subscribe to Trucksafe's newsletter for the latest highway transportation news & analysis. Also, be sure to check out eRegs, the first app-based digital version of the federal safety regulations aimed at helping carriers and drivers better understand and comply with the regulations.