Freight Brokers May Now Be Held Liable in Truck Accident Cases
Freight brokers have largely managed to shield themselves from negligence claims after truck accidents, even when they contributed to putting an unsafe vehicle on the road. A recent U.S. Supreme Court decision, however, has changed things, providing another deep pocket from which injured victims can possibly obtain financial compensation.
For years, freight brokers have argued that the Federal Aviation Administration Authorization Act (FAAAA) prevented claims from truck accident victims because it broadly preempts state laws related to a broker’s services. On May 14, 2026, however, the U.S. high court held, in Montgomery v. Caribe Transport II, LLC, that negligent hiring claims fall within the FAAAA’s “safety exception,” meaning states may apply their own negligence laws when a broker’s conduct affects what happens on the roads.
Brokers play an integral part in determining which commercial vehicles are on the nation’s highways. While they do not transport freight, they connect shippers with carriers. That means they have a responsibility to review a carrier’s safety history, operating authority and qualifications before assigning a load. When a broker ignores red flags — hiring a carrier with a poor safety record, conditional FMCSA safety ratings or repeated regulatory violations — it can contribute to a preventable crash. This might occur when the broker picks the cheapest or fastest carrier instead of the one that is safest.
The Supreme Court’s ruling expands the range of potentially responsible parties in truck accident cases. Brokers are not being given an unreasonable responsibility, however. The question of a broker’s liability will generally come down to what the broker knew (or reasonably should have known) about the risk of hiring a given carrier. Evidence in such claims will likely include the carrier’s federal safety records, inspection histories, out-of-service violations, prior crashes, driver qualifications and more information that was available to the broker at the time of selection.
Trucking accidents are always complex, not the least due to the number of potentially liable parties. Careful investigation is always required, and the latest Supreme Court ruling makes the process more complicated still. Speaking with a skilled truck accident attorney as quickly as possible after a crash is the best way for an injured victim to preserve their right to obtain fair compensation.
The Law Office of S. Mark Mitchell, LLC in Newnan, Georgia protects the rights of people injured in truck accidents throughout the Southwestern Atlanta Metro area. Schedule a free consultation today by calling 470-344-8550 or contact me online.
