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Freight broker liability after a truck crash: what the 2026 Montgomery decision means, what a negligent-selection claim needs, and the evidence that matters.
Reviewed by Larry Forman, Attorney
Many tractor-trailer loads aren't booked directly between a shipper and a trucking company. A freight broker sits in the middle and picks the carrier. For years, brokers argued that federal law shielded them from lawsuits when they chose an unsafe one. The law on freight broker liability changed in May 2026, when the U.S. Supreme Court unanimously rejected that argument.
This guide explains what brokers do, what the decision held, what a claim against a broker needs and what evidence matters after a Kentucky truck crash.
Federal rules define a broker as a company that, "for compensation, arranges, or offers to arrange, the transportation of property by an authorized motor carrier" (49 CFR 371.2). The broker doesn't own the truck or employ the driver. The trucking company (the motor carrier) does.
Freight broker liability usually means a claim that the broker was careless in choosing the carrier: it hired a company it knew, or should have known, was unsafe. That's a claim about the broker's own conduct, separate from the claims against the driver and the carrier.
| Company | Typical role | Typical claims after a crash |
|---|---|---|
| Shipper | Owns the goods and needs them moved | Loading or securement problems; possibly careless carrier selection |
| Freight broker | Arranges the load and selects the carrier | Negligent selection of an unsafe carrier |
| Motor carrier | Owns or leases the truck and hires the driver | The driver's negligence; negligent hiring, supervision and maintenance |
| Driver | Operates the truck | Unsafe driving |
A truck driving a load of plastic pots through Illinois struck Shawn Montgomery's tractor-trailer. His leg had to be amputated. The broker that coordinated the shipment was C.H. Robinson. Montgomery alleged that the carrier had a "conditional" safety rating from FMCSA when the broker hired it, with deficiencies in driver qualification, hours of service, inspection and maintenance, and crash rate.
The lower courts threw out the claim against the broker, ruling that the Federal Aviation Administration Authorization Act (FAAAA) preempted it. The Supreme Court reversed. Its holding, in the Court's syllabus: "A claim that one company negligently hired another to transport goods is not preempted by the FAAAA because States retain authority to regulate safety 'with respect to motor vehicles' under the Act" (slip opinion).
Justice Kavanaugh, joined by Justice Alito, wrote separately that the case was closer than it might look, noting that two federal appeals courts had gone the other way. He also wrote that brokers "should be able to successfully defend against state tort suits if the brokers have acted reasonably and arranged transportation with reputable trucking companies."
What the decision does and doesn't do:
A negligent-selection claim is a negligence claim. Kentucky recognizes negligent hiring claims, and the usual elements apply: a duty, a breach, causation and damages. See our Kentucky negligence law guide. How Kentucky courts will apply those rules to brokers after Montgomery is still developing. In general, the questions are:
Much of this is in the broker's hands, so preservation letters should go out early. See our black box evidence guide.
Some companies hold both broker and carrier authority, or control the trip closely: setting the route, directing the driver or handling dispatch. In those cases, the company can be treated more like a carrier or employer, which may make it responsible for the driver's negligence too. This depends heavily on the facts and the contracts.
Brokers must keep a $75,000 surety bond or trust fund to be registered (49 CFR 387.307). That bond pays shippers or motor carriers when a broker fails to carry out its contracts. It isn't a fund for injury claims. Many brokers carry their own liability insurance, which comes out in discovery. The carrier's own coverage and its MCS-90 endorsement are a separate question. See our MCS-90 guide.
Kentucky uses pure comparative fault and apportions fault among the parties (KRS 411.182). A jury can assign a share to the driver, the carrier, the broker and anyone else at fault. Leaving a responsible company out of the case can shrink what's collectible.
We identify every company on the load, from shipper to broker to carrier, and request the booking and vetting records before they're lost. We compare what the broker saw against the carrier's federal history. We prepare every truck case for trial. Larry Forman has tried 50+ jury trials and won 95% of them. Learn more about Larry Forman, see our case results (past results don't guarantee a similar outcome), or visit our truck wreck and trucking company liability pages.
Possibly. After the 2026 Montgomery decision, federal law doesn't preempt state negligence claims that a broker carelessly hired an unsafe carrier. You still have to prove the broker was negligent.
It held unanimously that a negligent-hiring claim against a broker falls within the federal law's safety exception, so it isn't preempted.
No. The claim is about the broker's own carelessness in choosing the carrier, and that carelessness has to be connected to the crash.
The bill of lading, the rate confirmation and the carrier's dispatch records usually show it. The police report often won't. A lawyer can request these records.
No. Federal rules say that bond pays shippers and carriers when a broker fails to carry out its contracts.
Possibly. The Court's reasoning referred to one company hiring another to transport goods. Shippers can also be responsible for unsafe loading.
Broker and carrier records are easier to get early. See our statute of limitations guide, then get a free case evaluation or call (502) 931-6788. No fee unless we win. Our office is at 1139 S. 4th St., Louisville, KY 40203. More guides are in our Kentucky Injury Resource Center.
This page is general information about federal trucking law and Kentucky law as of October 2026, not legal advice.
