Freight Broker Liability After Montgomery v. Caribe Transport: Navigating Changes in How Fault is Evaluated

This CLE course will examine the liability of freight brokers for injuries sustained in trucking accidents and will specifically consider the impact of Montgomery v. Caribe Transport II L.L.C., ___ U.S. ___ (May 14, 2026). Our speaker will discuss the prevailing theories of liability, including negligent hiring, selection, vicarious liability, and the statutory employment doctrine as well as what Montgomery did and did not change.

Negligent selection happens when a freight broker selects a carrier not competent to perform the work. A broker also can be held vicariously liable if it retains the right to control the motor carrier. For some time, a debate raged over whether state law negligence claims against brokers were preempted by the Federal Aviation Administration Authorization Act (FAAAA). Montgomery resolved that question, holding that the safety exception in the FAAAA permits state-law negligent hiring claims against brokers. 

Montgomery, however, did not speak to a broker's standard of care when vetting or selecting a carrier or when it may fall short. Some brokers argue that checking that a motor carrier has operating authority with the Federal Motor Carrier Safety Administration is sufficient. Other brokers and courts, however, acknowledge the duty to exercise reasonable care, which could include checking safety data, crash history, and other indicators of a carrier's fitness and safety. 

Listen as our illustrious speaker discusses how cases are made against brokers and the impact of the Montgomery decision.