The ruling is significant for victims of trucking crashes because it expands potential liability beyond the trucking company and driver to include freight brokers that arrange transportation with unsafe carriers.
Today, approximately 28,000 freight brokers arrange transportation for nearly one-third of all freight shipped in the United States using more than 780,000 motor carriers. Sellers and manufacturers frequently rely on brokers to locate carriers capable of transporting goods across the country. As the Supreme Court explained, “Brokers are the transportation industry’s matchmakers, connecting sellers of goods to the carriers who move them.”
Although brokers do not own the trucks or directly employ the drivers, they play a critical role in selecting which trucking companies receive loads. In many cases, brokers have access to information concerning a carrier’s safety history, driver qualifications, prior violations, and crash record. Some carriers are known to operate unsafe equipment or employ unfit drivers.
The Supreme Court’s decision recognizes that brokers may be held responsible when they disregard those risks and hire unsafe carriers. Negligent hiring claims impose a duty to use reasonable care when selecting a contractor for work that carries a risk of physical harm to the public.
The decision comes against the backdrop of continuing safety concerns in the trucking industry. According to the Federal Motor Carrier Safety Administration, approximately 500,000 reported truck crashes occurred in the United States in 2022, resulting in roughly 5,000 deaths and more than 114,000 injuries.
In his concurrence, Justice Brett Kavanaugh emphasized the importance of accountability, writing:
“Not all truck accidents can be prevented. But some can. Some carriers are known to be less safe; some truck drivers are known to be unfit.”
The Court’s ruling creates a stronger financial incentive for brokers to carefully vet the trucking companies they hire and to avoid doing business with carriers that have poor safety records.
Federal law already requires trucking companies to maintain minimum levels of insurance coverage depending on the type of cargo and vehicle involved. Now, brokers may also face scrutiny regarding whether they acted reasonably in selecting a safe carrier.
Trucking litigation involves complex federal and state regulations governing both motor carriers and freight brokers. Following this decision, it is increasingly important for injured victims and their families to evaluate all potentially responsible parties in a trucking crash, including the freight broker that arranged the shipment.
Pope McGlamry handles catastrophic trucking and transportation cases throughout the country. Our attorneys investigate trucking crashes, analyze federal safety regulations, and pursue claims against all responsible parties, including drivers, motor carriers, and freight brokers. If you or a loved one have been injured in a trucking accident, contact Pope McGlamry's attorneys by phone at (404)-523-7706 for a free consultation, or submit your free case evaluation online.
