This month, the Supreme Court of the United States released its unanimous opinion that freight brokers and freight forwarders can be sued for negligently choosing an unsafe motor carrier to transport goods.
For truck crash victims, this is a landmark decision. It will allow those hurt in a large truck accident to sue freight brokers for negligently hiring an unsafe or dangerous trucking company and the federal law they tried to hide behind as a shield will not exempt them from being held accountable for their negligence.
Specifically, on May 14, 2026, in Montgomery v. Caribe Transport II, LLC, No. 24-1238, 605 U.S. ___ (2026) (slip opinion), the High Court held that truck crash victims may seek injury damages after a crash from truck freight brokers, and their legal arguments that they were shielded from liability by the Federal Aviation Administration Authorization Act of 1994 (“FAAAA”) fail; specifically the FAAAA’s safety exception in 49 U.S.C. § 14501(c)(2)(A), saves the crash victim’s personal injury claims. Montgomery, slip opinion page 2.
What is a Freight Broker or Freight Forwarder?
The Federal Motor Carrier Safety Administration (“FMCSA”) explains the differences between a motor carrier, broker, and freight forwarder as follows:
- A motor carrier operates commercial motor vehicles (CMV’s) to transport property, passengers, or hazardous materials (HAZMAT) and is involved in commerce (transportation related to a business). It could be a company with several power units, or it could be an owner-operator. ….
- A broker is the “middle person” between a shipper and a motor carrier. Brokers arrange for the transportation of property or household goods. They don’t transport the property, don’t operate motor vehicles or have drivers, and don’t assume responsibility for the cargo being transported. Hence, they don’t directly engage with it.
- A freight forwarder organizes shipments for individuals or corporations. Freight forwarders assemble and consolidate shipments and provide for break-bulk and distribution of shipments. Unlike Brokers, Freight Forwarders assume responsibility for the transportation and may transport the freight itself. Therefore, they are involved directly or indirectly with the cargo. Note: If you only transport Freight, you are not a Freight Forwarder.
The May 2026 SCOTUS decision in Montgomery makes it clear that negligence claims filed by truck crash victims against either freight brokers or freight forwarders in negligently selecting or hiring a motor carrier can go forward and if the truck crash victim can prove up their negligence case against the broker or the forwarder with authenticated and admissible evidence, then the broker and/or forwarder can be legally liable for monetary damages.
The Montgomery Case
The case itself applies to every state in the country, but its beginnings come out of our own State of Illinois. Montgomery, slip opinion, page 3. Trucker Shawn Montgomery had pulled his tractor-trailer over to the side of the road and stopped. He was parked there when Yosniel Varela-Mojena, driving a Mack Truck loaded with plastic pots, slammed into Montgomery’s rig. It was a horrific truck crash: Montgomery’s leg was so badly injured that it could not be saved but had to be amputated. This was not his only severe bodily injury, either.
- For more on the severity of amputation injuries in a crash, read: Amputations and Motor Vehicle Accidents in Indiana or Illinois.
Investigation into the accident revealed that Varela-Mojena was driving for a motor carrier named Caribe Transport II, LLC. The shipment he was hauling had been coordinated by a broker named C.H. Robinson Worldwide, Inc.
As we have explained in earlier discussions, these huge truck crash claims often involve a lawsuit with a number of third parties being sued outside of the employer, where the employee files for workers’ compensation benefits without having to prove up fault. Read, Semi Truck Crash Liability: Third Party Liability in Indiana Truck Accidents and Liability for Chicago Semi-Truck Crashes Other Than the Trucker or the Carrier.
In this case, truck driver Montgomery sued not only the trucker Varela-Mojena, but the carrier (Caribe) and the broker (Robinson). His claims included allegations looking to the FMCSA regulations and safety ratings, where Caribe had a “conditional” safety rating when it was chosen by Robinson. Montgomery asserted that the freight broker “knew (or should have known) that choosing Caribe to transport goods was reasonably likely to result in crashes that would injure others.” Montgomery, slip opinion page 4.
The freight broker tried to hide behind the FAAAA (49 U.S.C. § 14501(c)(1)) but was unable to do so. SCOTUS found that requiring the broker “…to exercise ordinary care in selecting a carrier therefore “concerns” motor vehicles—most obviously, the trucks that will transport the goods. So Montgomery’s negligent-hiring claim falls within the FAAAA’s safety exception, which saves it from preemption.” Montgomery, slip opinion page 6.
As Justice Kavanaugh made clear in a concurring opinion: “…as of now, federal law does not preempt state tort liability against brokers for negligent selection of trucking companies.” Montgomery, slip opinion, concurrence page 6.
FMCSA Regulations and Future Claims Against Truck Brokers
While truck crash victims cannot sue directly for violations of federal safety regulations since this is within the jurisdiction of FMCSA, the safety regulations contained in the Code of Federal Regulations (CFR) will be relevant to future personal injury claims against truck freight brokers for negligent selection of those transporting their goods. The broker or forwarder will be able to check compliance with safety regulations by the carrier or the trucker in order to decide whether or not they should be hired.
Vetting may include the freight broker checking out things like:
- 49 CFR Part 385: safety ratings and safety audits
- 49 CFR Part 391: driver qualifications (including medical certificates)
- 49 CFR Part 395: Hours of Service (driver logs, ELD requirements, etc.)
- 49 CFR Part 396: Inspection, Repair, Maintenance (vehicle upkeep, inspections, etc.).
Also read: Federal FMCSA Regulations of Commercial Trucking: Impact on Truck Accident Claims.
Truck Crash Victims in the Aftermath of SCOTUS’s Montgomery Decision
For not only truck drivers but rig occupants and anyone else hurt in a commercial truck accident in Illinois or Indiana, the impact of this new SCOTUS ruling is important. It clarifies to freight brokers and freight forwarders that they have a legal duty of safety and care when making their decisions on selecting and hiring motor carriers and truckers to transport goods and cargo.
If they fail to do so in a reasonable and prudent manner, then they can be held legally accountable for any truck crash that happens during that transport. Not only their insurance policies but their underlying company assets may be used to provide justice in these truck crash tragedies.
This may be very important for some truck crash victims in both Illinois and Indiana, where we have significantly more commercial truck traffic than in other parts of the country. Why?
Accidents involving 18-wheelers, big rigs, tractor-trailers, and semi-trucks are sometimes financially frustrating for crash victims because the carriers may have minimal insurance and little assets to cover injury damages. The jury may find the victims are due millions but the reality is that some of these defendants may be unable to cover the amount of the judgment. By allowing truck crash victims to pursue negligent selection claims against solvent and strong freight brokers and freight forwarders, the truck crash victim and their loved ones may be more likely to find justice.
Seeking Justice After a Catastrophic Truck Crash in Illinois or Indiana
Each commercial truck accident is unique and must be investigated independently. Investigation will involve not only the advocates for the truck victims but federal regulators, law enforcement, alongside those defending against liability in the matter. Gathering all the facts, analyzing them, and finalizing expert opinions can take weeks or months to complete.
It is only after the factual foundations have been formed that legal research can be applied to determine what causes of action apply in the case, and what parties have failed in their legal duties of care.
Truck crash victims may find that motor carriers, truck drivers, as well as brokers or forwarders all have breached safety responsibilities defined by law and regulation. There may be facts that confirm others are liable, too: for instance, a defective part or piece of equipment may have failed during impact that contributed to the crash or its resulting intensity with the manufacturer or designer being liable under product liability laws.
The newly released SCOTUS opinion in Montgomery is extremely important. Brokers and forwarders are in the position to vet those they are choosing to transport their goods. If they choose a carrier or trucker that has a history of disrespecting FMCSA regulations, then they will be held accountable for that choice if an accident is the result.
For more on truck crashes, read:
- Semi-Truck Crash: Evidence To Prove Injury Claims Using The Rig’s Electronic Logging Device (ELD)
- Semi-Truck Crashes and Trucker Fatigue: FMCSA Regulations To Protect Against Drowsy Driving Truck Accidents
- Evidence in Serious or Fatal Semi-Truck Crashes or Car Accidents: What is Crush Analysis?
- Commercial Truck Crashes: FMCSA’s New Study Because of Rising Number of Fatal Semi-Truck Accidents.
Brokers are in the position to help keep our roadways safer by making sure their goods are being transported by responsible and reliable carriers and truck drivers. Truck crashes are always dangerous and often have fatal results. Please be careful out there!
