On May 14, 2026, the United States Supreme Court issued its decision in Montgomery v. Caribe Transport II, LLC, holding that state-law negligent hiring claims against freight brokers are not preempted by the Federal Aviation Administration Authorization Act (FAAAA) when those claims concern motor vehicle safety. The Court concluded that such claims fall within the FAAAA’s “safety exception,” allowing plaintiffs to pursue negligence claims against brokers that allegedly select unsafe motor carriers.
While the decision directly addresses broker liability, it is expected to have significant implications throughout the transportation industry, including increased scrutiny of motor carriers’ safety records, regulatory compliance, and operational practices.
This memorandum outlines key implications of the decision and provides recommendations for motor carriers seeking to remain attractive transportation partners while minimizing litigation exposure.
Key Takeaways from the Decision
The Supreme Court recognized that negligent hiring claims serve an important public safety function by encouraging the selection of safe carriers and drivers. The Court rejected the argument that federal law categorically shields brokers from liability arising from carrier selection decisions.
As a practical matter:
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Brokers now face greater exposure to negligent selection claims.
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Plaintiffs’ attorneys are expected to pursue broader discovery into carrier safety histories.
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Brokers may adopt more stringent carrier qualification standards.
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Motor carriers with poor safety metrics may face reduced access to freight opportunities.
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Documentation of safety compliance will become increasingly important.
Recommended Risk Management Practices for Motor Carriers
1. Maintain a Favorable FMCSA Safety Profile
Brokers are likely to place increased emphasis on publicly available FMCSA data when selecting carriers.
Carriers should regularly monitor:
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FMCSA safety ratings
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CSA BASIC scores
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Out-of-service percentages
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Crash history
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Driver qualification compliance
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Hours-of-service violations
A carrier with elevated safety metrics may become vulnerable not only to direct negligence claims but also to allegations that brokers should have avoided using that carrier.
2. Conduct Periodic Internal Safety Audits
Carriers should implement documented safety audits addressing:
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Driver qualification files
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Medical certifications
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Hours-of-service compliance
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Vehicle maintenance records
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Drug and alcohol testing programs
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Accident investigation procedures
Written audit reports can demonstrate proactive safety management if litigation arises.
3. Strengthen Driver Hiring and Retention Practices
Plaintiffs increasingly focus on whether carriers hired, retained, supervised, or entrusted vehicles to unsafe drivers.
Recommended practices include:
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Comprehensive background investigations
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Annual motor vehicle record reviews
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Verification of prior employment
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Evaluation of police reports where available
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Enhanced screening of high-risk applicants
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Documented remedial training following violations
4. Improve Documentation
The strongest defense in post-accident litigation is often contemporaneous documentation.
Maintain records demonstrating:
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Safety meetings
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Driver coaching
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Corrective action plans
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Vehicle inspections
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Maintenance compliance
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Regulatory audits
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Management review of safety metrics
If safety efforts are not documented, plaintiffs may argue they never occurred.
5. Address Safety Deficiencies Promptly
Carriers should immediately investigate:
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Repeated inspection violations
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Rising CSA scores
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Recurring maintenance deficiencies
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Driver behavioral concerns
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Preventable accident trends
Failure to address known deficiencies may create significant exposure in future litigation.
Recommendations Regarding Broker Relationships
Be Prepared for Enhanced Vetting
Following Montgomery, brokers may request:
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Safety policies and manuals
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Accident history summaries
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Maintenance protocols
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Driver hiring procedures
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Insurance information
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Regulatory compliance certifications
Carriers should prepare standardized qualification packets that can be provided promptly.
Consider Safety Transparency
Where appropriate, carriers should proactively discuss:
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Corrective actions taken after audits
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Recent safety improvements
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Training initiatives
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Technology investments
Transparency may help distinguish a carrier from competitors and reassure brokers conducting their due diligence.
Technology and Safety Investments
Consider implementing the following:
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Forward-facing cameras
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Event recorders
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Collision mitigation systems
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Lane departure warning systems
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Electronic logging devices
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Driver scorecard programs
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Telematics monitoring
These tools can improve safety outcomes and provide valuable evidence in defending claims.
Conclusion
The Supreme Court’s decision in Montgomery v. Caribe Transport II reinforces the industry’s movement toward greater accountability in carrier selection and transportation safety. Although the ruling focuses on freight broker liability, motor carriers should anticipate heightened scrutiny of safety performance, regulatory compliance, and operational controls. Carriers that maintain strong safety programs, document compliance efforts, and promptly address deficiencies will be best positioned to secure freight opportunities, defend litigation, and maintain favorable insurance outcomes.
Bottom Line: In the post-Montgomery environment, safety performance is no longer merely a regulatory concern it is increasingly a competitive and litigation-risk management necessity.
