KEY TAKEAWAYS
- On May 14, 2026, the U.S. Supreme Court unanimously held in Montgomery v. Caribe Transport II, LLC that federal law does not preempt state freight broker negligent hiring claims when the theory of liability concerns motor vehicle safety.
- The Court did not rewrite preemption. Economic regulations of broker prices, routes, and services that have no safety tie remain preempted.
- Texas families injured in a truck crash can still sue the driver and the carrier — and, in cases where the broker put an unsafe carrier on the road, the broker too.
- For under-insured or judgment-proof carriers, this ruling opens a critical new avenue for recovery.
On May 14, 2026, the U.S. Supreme Court issued a unanimous decision in Montgomery v. Caribe Transport II, LLC that changes the landscape of truck accident litigation across the country — including right here in Texas.
The question before the Court was narrow but consequential: does a federal statute called the Federal Aviation Administration Authorization Act of 1994 (FAAAA) wipe out state negligent-hiring claims against freight brokers when a broker puts an unsafe carrier on the road? The Court said no — not when the claim is rooted in motor vehicle safety.
What Does a Freight Broker Actually Do?
Brokers are the matchmakers of the trucking industry. When a company needs to move freight, it usually does not hire a trucking company directly. It hires a broker, and the broker finds a carrier to haul the load. According to the Supreme Court’s opinion, roughly 28,000 brokers arrange about a third of all freight shipped in the United States.
That is a lot of decisions about which trucks end up on the highway next to you — and a lot of opportunities for freight broker negligent hiring to put unsafe carriers on the road.
How Freight Broker Negligent Hiring Claims Now Survive Preemption
Before Montgomery, courts in some parts of the country said freight brokers were essentially untouchable. If a broker put an unsafe carrier on the road, the people that carrier hurt had no way to hold the broker accountable.
The Supreme Court rejected that idea. Writing for the unanimous Court, Justice Barrett held that even assuming the FAAAA would otherwise preempt the claim, the statute’s safety exception saves state negligent-selection claims when the theory of liability concerns motor vehicle safety. The broker’s decision about which carrier to hire is exactly the kind of decision the safety exception was designed to reach.
What This Means for Texas Families
This is not a small thing. In many of the worst truck crashes we see, the trucking company itself does not have the assets or the coverage to make a family whole. Montgomery opens the door to the next link in the chain.
Carriers with canceled authority, lapsed insurance, or rebranded shells — what the plaintiff bar calls “chameleon carriers” — do not book their own loads. Brokers do. When a broker sees a federal safety rating that should disqualify a carrier and books the load anyway, the people injured by that decision now have a path to the decision-maker.
What This Should Mean for the Industry
If you run a brokerage, the message is simple. Build a real carrier-vetting process. Pull SAFER. Run CSA scores. Document the file. The cost of diligence will always be less than the cost of putting a known-unsafe operator on a highway with someone’s family in the next lane.
A 9-0 decision from this Supreme Court tells you something. Some things really aren’t close.
Frequently Asked Questions
Can I sue a freight broker after a Texas truck accident?
Yes — when there is evidence that the broker negligently selected an unsafe motor carrier. After Montgomery v. Caribe Transport, the FAAAA does not preempt state negligent-hiring claims against brokers when the theory concerns motor vehicle safety. You still have to prove the elements of negligence under Texas law, including proximate cause.
What is FAAAA preemption?
The Federal Aviation Administration Authorization Act of 1994 generally preempts state laws “related to a price, route, or service” of motor carriers and brokers. For years, brokers used this provision to defeat freight broker negligent hiring claims at the motion-to-dismiss stage. Montgomery clarifies that the statute’s safety exception saves those claims when they concern motor vehicle safety.
What is a “conditional” FMCSA safety rating?
A “conditional” rating from the Federal Motor Carrier Safety Administration means the carrier was found to have safety deficiencies serious enough to warrant monitoring. Booking a load with a carrier that carries a conditional rating — or worse, one operating without current authority — is exactly the kind of decision that can now expose a broker to liability.
If You Have Been Hurt in a Truck Crash
The trucking industry is complicated. The driver, the carrier, the broker, the shipper, and the insurance companies behind them often point fingers at one another to dodge responsibility. After Montgomery v. Caribe Transport, freight brokers can no longer use federal preemption to escape state negligent-selection claims when the carrier they put on the road was unsafe.
If you have been injured in a commercial truck crash in Texas — or you have lost someone you love in one — we would be honored to talk with you about what happened and what your options are. Our truck accident team handles cases throughout Texas from our offices in Fort Worth, Arlington, and San Antonio. There is no fee unless we win, and the consultation is free.
Free Consultation — Call (817) 784-2000
Citation: Montgomery v. Caribe Transport II, LLC, 608 U.S. ___ (2026).