Are Freight Brokers Liable After A Tractor-Trailer Crashes?

Many Floridians do not know that if they are involved in a crash with a commercial truck, they can file suit against not only the driver, but against any other defendant whose conduct was both reasonably foreseeable and a plausible cause of their injuries. In other words, they may seek damages from the driver, but also the driver’s employer, the company that owns the truck (if not the same entity), and, depending on the specific context of the accident, against possible others as well. One entity that may be a defendant in certain cases is a freight broker.

A Duty Of Care

Freight brokers connect companies who need shipping with those who own the vehicles to ship things. They neither own the tractor-trailers in question, nor employ the drivers who drive them, but they are often the entity that conducts safety inspections on tractor-trailers before assigning them to drive. As a result, a tractor-trailer that crashes after an inspection by the freight broker could open the broker up to liability in some cases.

More specifically, a freight broker may bear some liability in the event of a crash if they failed to notice safety issues with the vehicle or the carrier. The injured plaintiff may argue that the broker breached their duty to exercise reasonable care in choosing a carrier, as freight brokers do have a duty of care to both road users like injured plaintiffs, and the companies who trust the broker with their cargo.

A Recent Ruling Makes This Possible

Until recently, a person could not file suit against a freight broker in this type of case even if there is clear evidence illustrating negligence in hiring. The reason is because the Federal Aviation Administration Authorization Act (FAAAA) had previously been held to pre-empt these claims, arguing that they fell under the Act and any kind of state law provisions trying to hold brokers liable were invalid. However, the ruling in Montgomery v. Caribe Transport (2026), decided mere days ago as of this writing, turns that supposition on its head.

Montgomery’s ruling is very specific: it does not hold that a freight broker should be held liable for negligent hiring in the event of an accident, but it does hold that such claims are not precluded by the FAAAA. In other words, it does not mean all freight brokers are guilty of negligent hiring as a matter of law – but it allows an injured plaintiff to try and hold brokers liable in cases where it might be the case.

Contact A Tampa Tractor-Trailer Accident Attorney

Freight brokers have, at least in theory, skirted liability in accidents where their negligent hiring of the wrong carrier resulted in injuries and fatalities. The ruling in Montgomery seeks to change this, and hold a negligent broker liable in the same way as anyone else. If you have questions about a freight broker involved in your crash, a Tampa tractor-trailer accident attorney from the Rinaldo Law Group can help to answer them. Call our office today at (813) 831-9999 to schedule a consultation.

Source:

supremecourt.gov/opinions/25pdf/24-1238_1b7d.pdf