Trucking Brokers Can Be Held Liable for Negligently Hiring Unsafe Motor Carriers
As Florida’s population continues to grow, so does the demand for goods transported into the state by commercial motor vehicles. With the increase in trucking activity on Florida roadways, there has also been a troubling rise in serious crashes involving commercial vehicles, many resulting in catastrophic injuries or death. Determining who may be held legally responsible for these accidents is critically important for injured motorists and their families.
Claims involving interstate motor carriers are generally governed by the Federal Aviation Administration Authorization Act (“FAAAA”). One of the FAAAA’s primary provisions prohibits states from enforcing laws that regulate the prices, routes, or services of motor carriers and freight brokers involved in interstate commerce.
However, the FAAAA also contains an important “safety exception.” While states may not interfere with the economic operations of trucking companies and freight brokers, they still retain the authority to enforce traditional safety-related laws and regulations involving commercial motor vehicles.
For years, courts across the country were divided on whether freight brokers were protected from liability under the FAAAA when their negligence contributed to a crash. Specifically, there was disagreement over whether a freight broker could be held liable for negligently hiring an unsafe motor carrier that later caused injury or death.
How the Trucking Industry Often Operates
Consider the following example:
A manufacturer needs to transport goods and hires a freight broker to arrange delivery. The broker selects a motor carrier to transport the load. That motor carrier may then subcontract the shipment to another, smaller trucking company, which in turn hires a driver to complete the delivery at a significantly reduced rate.
If a serious accident occurs, the injured party may bring claims against multiple entities, including:
- The shipper;
- The freight broker;
- The original motor carrier;
- The subcontracted motor carrier; and
- The driver responsible for the crash.
In many of these cases, the freight broker and the original carrier have argued that they are immune from liability under the FAAAA because they acted only as brokers.
The United States Supreme Court Weighs In
The United States Supreme Court recently addressed this issue in Montgomery v. Caribe Transport II, LLC, 608 U.S. ----(2026) The central question before the Court was whether claims against freight brokers for negligent hiring fall within the FAAAA’s “safety exception.”
On May 14, 2026, the Supreme Court issued a unanimous decision holding that claims for negligent hiring against freight brokers are not barred by the FAAAA when an unsafe motor carrier causes injury. The Court concluded that such claims fall squarely within the statute’s safety exception.
As a result, injured parties may now pursue negligence claims against freight brokers who fail to use reasonable care in selecting safe and qualified motor carriers.
This decision is significant because it reinforces accountability throughout the commercial transportation industry and helps ensure that companies involved in arranging interstate shipments cannot avoid responsibility when unsafe carriers are placed on the road.
It is important that you hire an attorney who is familiar with the issues involved in trucking cases to identify all responsible parties which may increase the coverage available to compensate you for your injuries.
Contact Steven Kuveikis, P.A.
If you have been injured in trucking accident, contact Steven Kuveikis, P.A. today for a free consultation.
Steven Kuveikis, P.A.
601 Heritage Drive, Suite 136
Jupiter, Florida 33458
Phone: (561) 354-6969
Email: steve@kuveikis.law
You do not pay attorney’s fees unless there is a recovery in your case.
