U.S. Supreme Court Confirms Freight Brokers may be Held Responsible for Putting Unsafe Trucking Companies on our Roadways

The Supreme Court of the United States recently held that claims against freight brokers for negligently hiring unsafe Motor Carriers (trucking companies) are not preempted under the Federal Aviation Administration Authorization Act (FAAAA). In Montgomery v. Caribe Transport II, LLC, et al., 608 U.S. ___ (2026)(No. 24-1238), the Court unanimously confirmed that States retain the authority to regulate safety and that claims against freight brokers that negligently hire a motor carrier, when they knew or should have known that hiring this motor carrier was reasonably likely to result in crashes that injure others, can proceed under this State authority.

Sellers of goods often use motor carriers to transport its products to its destination. However, in an effort to save time, many sellers rely on freight brokers to select these motor carriers. According to the Department of Transportation, roughly 28,000 brokers arrange for transportation of approximately 1/3 of all freight shipped in the U.S. The Court’s decision now confirms that these brokers can be held accountable when they negligently select unsafe motor carriers and cannot escape the consequences of these actions by operation of Federal law.

In Montgomery, the plaintiff suffered severe injuries including amputation after a tractor-trailer veered off course and struck the plaintiff’s vehicle on the side of the road. The plaintiff sued the driver, the motor carrier who employed the driver, and the freight broker who hired the motor carrier. As to the freight broker, the plaintiff alleged that they should have known that choosing the motor carrier to ship the freight was reasonably likely to result in crashes that would injure others because of the motor carrier’s history. Specifically, the motor carrier had a “conditional” safety rating from the Federal Motor Carrier Safety Administration and the agency found them to be deficient “with respect to the qualification of drivers,” “hours of service of drivers,” “inspection, repair and maintenance,” “recordable crash rate,” and more.

The defendant freight broker argued that the FAAAA preempted the plaintiff’s claims against them. The Solicitor General, representing the federal government of the United States, joined their argument. However, the Court disagreed unanimously. The FAAAA preempts state laws related to prices, routes, and services of the trucking industry. However, within this law is an important exception—the safety exception. This exception provides that the preemption provision “shall not restrict the safety regulatory authority of a State with respect to motor vehicles.” §14501(c)(2)(A). This includes the common law duties and standards of care that lead to civil liability.

In conclusion, the Montgomery decision clarifies an issue that had been inconsistently decided across the country and confirms States may retain their power to hold freight brokers to a duty of reasonable care in which carriers they hire. Though a question of law, the Court’s decision comports with common sense and fundamental fairness that a freight broker may not bury their head in the sand when selecting a trucking company sending tractor-trailers upon our highways, endangering the general public. They must select these trucking companies with due care or be held to account for their actions which may lead to more dangerous roadways.

Sarno da Costa D’Aniello Maceri Webb’s personal injury team represents those who have been injured in trucking crashes all across New Jersey. In addition to making a claim against negligent truck drivers and unsafe trucking companies, it is now confirmed that we may be able to pursue claims against the brokers who select unsafe trucking companies and put them on the road in the first place. If you or someone you know have been seriously injured due to a truck crash, we may be able to help. Please contact Paul M. da Costa, Esq. at (973) 274-5200 or pdacosta@sarnolawfirm.com for a free case consultation.