In a major win for injury victims, the United States Supreme Court recently ruled that freight brokers can potentially be held responsible for negligently hiring unsafe trucking companies and drivers. The decision in Montgomery v. Caribe Transport II, LLC, is significant because it allows injured victims to pursue claims not only against the truck driver and carrier, but also against the companies responsible for selecting dangerous motor carriers in the first place, also known as freight brokers.
The case at issue arose from a horrific highway collision in Illinois. According to court filings, the plaintiff suffered severe injuries after a tractor-trailer allegedly left the roadway and struck a stopped vehicle on the shoulder of the highway. The injured victim claimed that the freight broker involved should never have hired the motor carrier because the company allegedly had a troubling safety history.
A freight broker is a licensed intermediary who connects shippers with trucking companies to arrange and manage freight transportation without owning trucks or handling cargo directly.
For years, freight brokers argued that federal law shielded them from these lawsuits. The Supreme Court rejected that broad protection, allowing state-law negligence claims against brokers to move forward. The Court held that negligent hiring claims against freight brokers are not automatically preempted because states retain authority to regulate safety “with respect to motor vehicles.”
The ruling reflects a growing recognition that freight brokers play a major role in highway safety. Brokers often have access to a carrier’s safety record, prior violations, crash history, and federal compliance information before assigning loads. When they ignore red flags and hire unsafe carriers anyway, devastating crashes can happen.
This decision creates another avenue of recovery for victims seriously injured in trucking collisions. It also places increased pressure on freight brokers to properly vet the companies they hire instead of prioritizing speed and profit over public safety.
Galfand Berger believes any company involved in putting dangerous trucks on the road should be held accountable. Our firm has been representing trucking accident victims for almost 80 years. We have recovered millions of dollars for truck accident victims. Here is just one recent example:
If you’ve been injured in a trucking accident, call our firm for a Free Consultation at 1-800-222-8792 or email us at [email protected]
At Galfand Berger, our personal injury attorneys have been pursuing justice for injured victims throughout Pennsylvania and New Jersey for nearly 80 years.
