Can a freight broker be sued for choosing an unsafe trucking company?

Yes. On May 14, 2026, the U.S. Supreme Court ruled unanimously in Montgomery v. Caribe Transport II, LLC, that state-law negligent-hiring claims against freight brokers are not preempted by the Federal Aviation Administration Authorization Act (FAAAA). The Court held that requiring a broker to exercise ordinary care in choosing a motor carrier falls within the FAAAA’s safety exception. Brokers should expect that their carrier-vetting decisions and documentation can now be used as evidence in state-court accident lawsuits.

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