The Supreme Court ruled unanimously today that freight brokers can be sued under state negligence laws if they hire unsafe trucking companies (ones with bad safety records) that later cause accidents, crashes or bodily harm. {Ruling pdf Here}
Freight brokers are the middlemen in the transport system matching available loads with available truckers. Freight brokers have notoriously chosen the cheapest truckers and carrier companies to move freight. However, as of this ruling, federal law no longer shields the broker from liability and insurance claims anymore. Victims can now go after the broker’s insurance in addition to the Truck driver’s and/or carrier.
All of those illegal alien truckers who were hired by sketchy carrier companies will now carry a liability risk for the freight broker who might contract the haul. Ultimately, it is the insurance companies who will drive the change by raising insurance rates on those who would contract with sketchy drivers.
VIA AP – WASHINGTON (AP) — The Supreme Court on Thursday allowed a man to sue a major logistics company after he lost part of his leg in a semi tractor-trailer crash, a decision that could have big ripple effects across the trucking industry.
The justices ruled unanimously in favor of Shawn Montgomery, whose parked vehicle was hit by a speeding truck driver on an Illinois highway in 2017. He wants to sue C.H. Robinson, the country’s largest freight broker by size, over its role in putting the driver on the road despite what he called “serious red flags.”
The decision does not mean Montgomery will necessarily win the lawsuit, which the company is contesting. But the ruling opens the door to increased liability for freight brokers, a key part of the industry.
The Trump administration and companies such as Amazon had argued that letting the suit go forward would expose logistics companies to liability under a “patchwork” of state laws.
[…] The company argued the suit, filed under state law, must be tossed out because brokers rely on the federal government to regulate carriers and federal law trumps state law.
But in an opinion by Justice Amy Coney Barrett, the Supreme Court disagreed. The justices found Montgomery’s claims can move forward because they fall under an exception for safety regulations. The high court overturned a lower-court ruling in the company’s favor.
The decision could increase insurance costs for freight brokers that eventually “cascade through the economy” and result in higher prices for consumers, Justice Brett Kavanaugh wrote in a concurrence joined by Justice Samuel Alito.
Still, “truck safety is a matter of life and death,” Kavanaugh wrote. (read more)
The bottom line is that safe truck driving practices, operated by safe and well-trained truckers, are in everyone’s best interest. Unfortunately, in the past several years this has become a problem as sketchy truck drivers have been recruited by sketchy carriers. The ruling today returns the issue of liability to each of the participants in the trucking sector.
Everyone on the road should have a reasonable expectation of safe driving practices.

3 more years of Trump is going to be epic.
I so look forward to it!!! 😎
We gotta win the midterms first.
We gotta get rid of Thune before the midterms.
McConnell’s POS acolyte.
The only way we can effect that change is to apply pressure to the GOP senators and get them to replace Thune as majority leader. Besides, having the head of the majority party run the chamber is, IMO, unconstitutional. The VP is the president of the Senate and his second is the president pro tempore.
K Street is … well … not in favor of America … many “senators” are mere puppets …
“Many” is a major understatement, for sure.
Very rich puppets.
I don’t see that happening but yes, we definitely have to win the midterms. The future of this country hinges on the outcome of the midterm elections. If the DemonRats manage to rig and steal the 2026 elections, Trump’s presidency is over. If they win the White House in 2028, you might as well stick a fork in the heart of our republic. Lawfare will run rampant and we may never win another election. The Communists will have achieved what they set out to do 65 years ago.
Gracias Dios 🙏
Amen! And Amen!
The Trump administration argued against the plaintiff’s relief of being able to bring his case forward.
Actually, brokers don’t carry and heretofore have not been required to carry liability insurance. They will now have to find an insurance carrier that will underwrite coverage.
Could individual brokers f orm a corporation and then declare bankruptcy if sued?
The need to cut corners and save money once again bites everybody in the patoot. Guess who pays in the end one more time?
The first paragraph of the article states; ..if they hire unsafe trucking companies (ones with bad safety records).
Two key phrases;
Unsafe Trucking Companies
Bad Safety Records
I just now posted a TLDR comment that covers the safety record of any DoT number holder.
Sundance also pointed out;
Freight brokers have notoriously chosen the cheapest truckers and carrier companies to move freight.
I have been in the room when a trucking company owner accepted a phone call from a broker needing a load moved. When he found out what they were paying he told them where they could put their cheap offer. Then explained to me that cheap haulers are either new to the business and will learn to not accept cheap loads or it was a company that did not care what they drivers were like.
The cheapest carriers are foreign owned. They pay their drivers dirt cheap wages and have electronic logging devices that they have root access to where they can manipulate the driver’s hours of service. They put solo driver’s on team loads and just manipulate their clock.
Vetting the carrier is straightforward. There’s a federal website called SaferSys. Put a USDOT number in the search bar and you can see their safety score (which, by the way 94% of carriers do not have one) and view individual inspections for the last I believe its 2 years. You can see driver and equipment out of service rates and indidual inspections. 10 minutes can give any broker a good snapshot of a carriers operations.
SaferSys! That is the name that I could not remember.
Electronic Log Book were still pretty new, at least to me being in sales, even though I had a CDL, because I was only driving 2 to 20 miles or so (I barely got the engine up to running temperature), once or three times a week I did not keep a log.
I did learn an awful lot from my customers, but I obviously did not learn every single aspect of being a truck driver. I just wanted to know as much as I could so that I would not be a total dumb @$$ around any company I was calling on or selling to.
“10 minutes can give any broker a good snapshot of a carriers operations.”
It’s public record.
No excuse.
Yes via the DOT’s Safer program: https://safer.fmcsa.dot.gov/CompanySnapshot.aspx
We need more prosecutions and prison-perp-walks of deadly illegal alien drivers, AND of the top execs of those companies that used the illegals.
Same for the CA and NY state officials who recruited and gave CDLs to the illegal aliens.
Which will require the ***** senate to approve all of President Trump’s US Attorney appointments instead of blocking them.
My son is has been a CDL driver for 10+ years and he has a lot of stories related to this. He’s worked in LTL linehaul, food service (Sysco) and now is back in the LTL sector doing pickup/delivery of large freight. This issue needs to be priority #1.
“Market Pressures”
If you can’t force morality in judgement… what other choice is there?
“They will now have to find an insurance carrier that will underwrite coverage.”
Lloyds of London recently lost a big contract in Iran…..they might be looking to pick up some customers
Lloyds is an insurer of last resort for specialized coverage. Think Hope Diamond. They form syndicates who invest in underwriting the coverage.
“If” they can find an insurance carrier that will underwrite coverage.
That will make many feel a bit Sikh
And they will pass the expense of that coverage on to the truckers and the truckers will pass it on to the customer, which ultimately is us somewhere down the line.
I wonder how much of the increased shipping volume over the past several years, certainly since Covid, can be traced to the current U.S. customer expectation for [near] next-day shipping almost anywhere, and a lot of stuff shipped ‘free’ of charge (e.g., Amazon Prime). Did the old model of goods procured more locally and transported more in bulk to local brick & mortar stores require less U.S. freeway truck volume than today’s direct ship model [with much of the shipments originating from China/AsiaPac]?
One factor countervailing that is that big corporations like Amazon now have “fulfillment centers” spread all the US. Your widget arriving in South Carolina no longer needs to be trucked cross-country, but instead from a center closer to you.
Same for other big companies
They’ve built an intermediate-distribution system to fill in some of the space
Yep, I can see a fulfillment center from my deck.
There are distribution/ fulfillment centers all over the place, at least in my neck of the woods.
“The Trump administration and companies such as Amazon had argued that letting the suit go forward would expose logistics companies to liability under a “patchwork” of state laws.”
The Trump administration was on the wrong side of this case. SCOTUS ruled against the administration’s position.
You are 100% Correct.
I have already posted two TLDR comments about how the safety records of a DoT holder is basically public information and that Safety trucking companies are not the cheapest.
As the saying goes;
You can have it;
Good
Fast
Cheap
But you cannot have all three, so you pick what is important to you.
So why was the Trump administration against this? I can understand Amazon, because everything to them is less important than profit.
Pray and help others
Amazon Relay is one of the biggest brokerages in the country. Every Amazon trailer you see going down the road is pulled by an independent carrier, not Amazon owned truck. And a very high percentage of those drivers are not English proficient.
HEAVILY ENCOUNTERED on Highway US30 between Fort Wayne and Points East. Distribution Center is on the West side of the Loop and Feeds ALL Points in the Compass.
PLENTY of ” temporary ” Name Tags / Non-Professionally Stenciled Tractor Cabs on these Rigs
Thank you. Conveniently not mentioned above…
Yes, they were on the wrong side of this issue!
I used to sell these tractors and trailers (dry van, flatbed, reefers, dump, and such) along with trucks (tow, flatbed, dry van, reefers, landscape, even a mobile pizza oven, and such) and I can tell you that there is a Department of Transportation website that I went to very frequently to do Open Source Reconnaissance on any DoT registered (CDL required) company that had tractors and CDL trucks. There is also another one for towing companies.
I have been retired since 2015 and I cannot remember where those website are, but they are open and free to use.
Once you get into the trucking (tractor & trailer rigs and CDL required trucks) website, enter the company name or the DoT Number. When the date for that company comes up it will show you;
Owner(s)
Address
Year, Make, and VIN of every vehicle that required a CDL to drive
And, And it showed their accident rating, along with the most recent accident(s)
So, Yes! The person who owns one tractor(1) only or a small, medium, or large fleet has their safety record available for anyone to view.
1) Personal Footnote:
Even if you only have one tractor, in order to get a license plate and legally haul a load, you have to apply for a DoT number, and display that number on both sides of the tractor.
SaferSys.gov
Correction….
https://safer.fmcsa.dot.gov/query.asp?searchtype=ANY&query_type=queryCarrierSnapshot&query_param=USDOT&query_string=53754
SaferSys.gov! Yes! That is the website I used several times a week.
There were times when I would be talking to a customer on the phone and they would say something like; Well, we are a pretty large outfit and only run long nose Petes. Do you have much of a selection of them?
We did, but according to SaferSys.gov, he was running 5 tractors and they were every make under the sun with no Petes and only one KWs, which probably an anteaters and not a W900.
Or there would be a guy telling me; We are not all that big of a company. You may be wasting your time with us, but yes I would meet with you if you are ever in this neck of the woods. In the meantime I was sitting there looking at SaferSys.gov and could see that he had a pure blood fleet of 25 or 50 of all one make; say Freightliner, International, or whatever.
Sorry about that TLDR, this type of article brings back some memories. I really enjoyed dealing with companies that were running commercial vehicles. Nearly every single one of them was a Straight Up type of person to deal with.
No more drivers who can’t read road signs. Hard to believe this had to go all the way to the Supreme Court. Thank you God for common sense.
Everyone on the road should have a reasonable expectation of safe driving practices.
AMEN.
About a year ago, I stopped at a mega truck stop in the middle of nowhere, west Texas. There were dozens of big rigs parked and being fueled.
When I went into the store to get snacks and sweet tea I thought I was in a foreign country.
I wonder how many were illegals and/or incompetent to be driving 18-wheelers?
I support this SCOTUS ruling.
A LOT
From my own personal observations, I’d say more than that!
Why doesn’t ICE partner with a few state police / highway patrol and screen truck drivers, arresting those here illegally? When freight forwarders’ loads stop arriving on time, they will definitely feel the economic pinch.
I feel that way when I go into a Costco……. Just saying!
Historically truckers had fair driving records. The last decade many semi-truck drivers don”t speak English. I have observed semi-trucks driving unsafe on the interstate highways…bill
As I used to be in the industry, I have noticed the same and much more. Drivers from India/Pakistan are the worst offenders, followed by Africans. Slavs get honorable mention.
And our government allows and supports this at the expense of American drivers. For years we kept hearing that we need foreign drivers due to some mythical “driver shortage”. Nonsense. There is a shortage of drivers willing to accept cheap freight and the low wages being offered by the trucking companies.
Start offering freight at $1.95 per mile and $3.00 per mile for brokered loads and the American drivers who speak English and run safely and legally will return. But we still have loads paying only a few cents over a dollar a mile. Especially refrigerated loads. This is why you see Indian drivers running two or even three drivers in a truck, nonstop, who practically live in the truck. I have personally witnessed entire families get out of a truck at a truck stop. Two or three generations! All family too. Father/son or brother/brother teams own the truck. Never the women. I always wondered how they all fit in there.
Mechanics can tell stories of seeing the floors being cut out to permit, er, easy (un)sanitary behavior. Don’t ask. IYKYK. This is common back on the subcontinent. Import the third world, you get the third world. Or like I would teach new drivers, if you have a glass of clean water and you get a glass of dirty water and you combine the two, you only get dirty water. The dirty water doesn’t magically become clean.
Goodness! I got myself all riled up! I’m going to go calm myself and get some much-needed sleep. 🫠
The old hole in the floor trick! Down here in Florida, it’s bad enough with lovebugs smashing all over your windshield. I never thought it could get any worse!
Try very slowly passing a Bull Wagon(1) if you really want to see some lovebugs smashing all over your windshield (laughing myself silly just thinking about a novice driver staying too long next to a Bull Wagon).
1) Personal Footnote:
A Bull Wagon(2) is a trailer hauling live cattle which do what any living creature does a few hours after eating (again, laughing myself silly just thinking about it).
2) Personal Footnote:
Bonus Point
Did you know that a Bull Hauler has to set the live cattle up for a curve in the road? When drivers sees a curve coming up they have to gently and easily move the steering wheel both directions, which causes the cattle to suddenly move back and forth, which causes them to Stiffen their Legs so that they do not fall over while the rig is going through the curve.
I have driven past a single vehicle accident involving a Bull Wagon laying on its side at a curve in the road.
Either you or the company you worked for were the customers that I was calling on (retired in 2015) after doing my Open Source Reconnaissance on SaferSys.gov to find out; Who to ask for, Where the main office was, What type of units were they running.
“The dirty water doesn’t magically become clean.”
third world immigration works like this:
add a drop of sewage to a vat of wine, you have a vat of sewage
I hope he gets another 4 when the election fraud is confirmed beyond doubt.
Grrrreat news!
The middle men make the bucks whether its groceries or steaks or load brokerage firms.
In today’s internet and AI world no brokers are actually necessary and they are parasites which increase the total cost of any shipped item. Brokers themselves make demands on a load that they know a company or independent trucker cannot meet without breaking the DOT laws and/or regulations.
A total review of the Department of Transportation (DOT) and its regulations governing interstate and intrastate commerce should be done yesterday.
A big point of being a middle man in a lot of industries is to exact pass thru fees.
Not to add value to the product or service, just the rent seeking.
Speaking of which, just about everything has been commoditized to the extent that Americans pay more for identical things made in the same factories that pretty much anyone else in the world pays a mere fraction for.
“Not to add value to the product or service, just the rent seeking.”
that is exactly what Susan from Promethian Action says about Lloyds of London and their insuring of cargo through Hormuz
Making something possible adds value and deserves fair recompense.
The Promethian viewpoint on England and Loyds is more like Insurance companies hiring train robbers so that they can rob value from train companies one way or another.
I’m glad to see this. My wife works in a firm that is handling a case against a freight broker. One of the drivers, Russian, hit a car on an expressway and killed the driver. The trucker couldn’t speak English. This happens too often. Make Truckers American Again.
“Unfortunately, in the past several years this has become a problem as sketchy truck drivers have been recruited by sketchy carriers.”
…and illegal aliens have been given CDL’s by sketchy blue state governors.
I bet not just blue states.
See Oklahoma
Those responsible in DMV offices (whether in red or blue states) should be personally liable if they knowingly allow someone with obvious false documents to get their CDL. Some of these government workers are more concerned with displaying their alphabet gender BS flags than actually focusing on their job of keeping the public safe.
Part of a CDL exam should be given orally. I know the applicants are given road tests. How is it the examiner doesn’t realize someone is not proficient in English? SMH.
They understand the Benjamins – the universal language of corruption.
I had no idea such structures existed. They make sense that they exist but this is yet another drop in the bucket of things I didn’t know.
The brokers are booking “turban truckers” that aren’t qualified for the work.
But the fact that they were shielded from liability for these decisions? Floored. Just floored. Things I never imagined because morality makes these things unimaginable.
Sounds like a combination of globalist lobbyist manipulations. Manipulations that enable bad behavior so that they can eek more value out of us.
Nothing like hitting someone in the wallet to get their attention. That’s why I see this as a tremendous incentive plan for the industry to clean up it’s practices. What intrigues me most is that this gives the industry a chance to make improvements on their own, without the traditional method of “fixing” things where the government blindly steps in with a long list of onerous rules and regulations, and the introduction of a new or expanded bureaucratic agency to enforce these new regulations that wind up simply shoveling money at the problem without actually fixing it.
Insurance companies will be “fixing” things by adding a risk premium (in some cases substantial) to the policies of anyone related to the movement of freight.
Quality shippers will (eventually) be forced to set up in-house processes to contract with individual truck carriers. The shippers will dot every I and cross every T in their quest for certainty (and lower rates).
A paper trail of “due diligence” will be created and retained in case of future “claims”.
Brokers have two choices now.
Adapt
Die
I think you are suggesting the difference between responsibility for outcomes versus responsibility for adherence to procedure.
I knew interdiction would never catch the illegal drivers enough to make a difference. This will hit the industry financially and that will get their attention quickly.
I live about 20 miles from the Port of Chastising, so I see a lot of 18 wheelers hauling cargo containers to and from the port. Might I suggest that in addition to the truck drivers following the law and being safe that it wuld behoove the drivers of other vehicles to stop cutting them off while everyone’s doing 70+ miles an hour. If you want to make that exit, trying slowing down a couple mph and get in line behind the truclk rather than speed up so you can get off from the center lane, cutting in front of a truck. I saw it again today with a person driving a Ford F350.
I’m not saying all truck drivers are innocent but dang some of the other drivers are idiots.
An analogy…
A loaf of bread (car) weights 1lb.
A 5 gallon bucket of water (Semi) weights 40lbs.
Place bucket on top of bread.
Result?
That is an Excellent Analogy!
Passenger vehicles weigh about 2,000 to 4,000 pounds.
A fully loaded (non-permit for oversized load) tractor & trailer is allowed to have 80,000 (12K on the steering, 34K on the tractor tandems, and 34K on the trailer tandems), which is 20 times the weight of a heavy vehicle or 40 times the weight of a light vehicle.
Picked that up from an old timer years ago, NN.
A car-pickup, like the loaf of bread, for all intents and purposes, is hollow.
The 5 gallon bucket of water, like the Big Truck… not so much.
Having been first in line behind several (regrettably) fatal “incidents” of trucks and cars trying to occupy the same space at the same time, it never ceases to amaze me how 4-wheelers dart in/around Big trucks (18-wheelers) so flippantly!
Things can go south very quickly!
Years ago, while rollin down I-10, near Tuscon, a SUV traveling the opposite direction crossed over the median, flipped in mid air as it came out of the dip and landed on it’s roof on the road directly in front of me.
Several of the drivers nearest the crash, myself included, got out and tried the get the driver out of the SUV.
911 was called, but we were in-between Casa Grande and Tuscon, out in the desert.
The SUV, as you might suspect, was pretty crunched up. We tried crowd bars, cheater bars, hammers and sheer adrenaline, to get the door open.
No joy
We were reduced to consoling words and holding her hand.
Terribly sad!!
She passed before the ambulance arrived.
May God have mercy!!
While the SUV incident did not involve a truck, to me, the result was very much the same as if it had.
The issue of non-compliant, inattentive and reckless truck drivers hits very close to home.
I have no sympathy for those who are flaunting our laws and putting our citizens in grave danger.
Be they sitting behind a keyboard or a steering wheel.
✌️
How about the drivers and trucks from Mexico that are allowed to drive loads inside the US under the USMCA?
Does the USMCA contain any provisions where the drivers are required to have a basic knowledge of our language and traffic laws? Similarly, do American drivers have to comply with certain standards before driving in Mexico?
Yes. And their trucks must meet our safety laws in order to cross the border. If you go close to a border crossing, you may notice that highways have metric signage, sometimes right alongside English signs, for Mexican drivers convenience.
They are not permitted to go outside the 25 mile buffer zone at border crossings. Same with Canadian drivers but they somehow got permission to go anywhere to deliver a load and can only take a return load going back to Canada. Mexicans stay close to the border to go to international freight brokers who handle all the paperwork and arrange for domestic trucks to take the loads onward to their destination. Very few if any American drivers will go into Mexico due to the danger and corruption there.
Could be that the justices are personally nervous about dangerous drivers too.
as someone whose hometown is Humboldt, of the Broncos bus crash Humboldt, as well as a 1A licence holder, the first thing that occurred to me in the wake of that — as politicians and the trucking industry were twisting themselves into pretzels to pretend they give a shit about trucking and driving and safety — was for government to pass a law or regulation that long haul drivers get paid by the hour, not the mile.
In the case of that accident, the driver sat in Carrot River for five hours, waiting for his trailers to be loaded. During that time, he isn’t getting paid, and the destination seems to be getting further away with each passing moment. On the other hand, if he is getting paid, at least that is one thing off his mind. He might have to think of the best route to get where he is going, or how to maybe cut a corner on a required 15 minute break to do a walk around and kick the tires….. but his foot isn’t going to be through the floor trying to make up lost time.
Speaking as someone who has paid a commission on my sales, I would say leave it like it is.
If sales were slow, or one of the other salesmen Snaked my hard earned sale out from under me (I actually went out and met customers Face to Face, while I was out, if someone I prospected called or came in another salesman would steal it right out from under my and I had absolutely no protection or recourse) then it was just too bad for ol Nomen. I went without.
I guess kinda like shipping jobs to places with cheap labor for decades…..only now the cheap labor is here in US driving 80,000 pounds.
And yes, prices of stuff might go up (as that’s also one of the reasons manufacturing went overseas), but we must be willing to accept some higher prices of stuff for safety and domestic jobs.
Prices higher or lower are reflective of location of manufacture regardless of what we may want.
Reply to Brant: “And yes, prices of stuff might go up (as that’s also one of the reasons manufacturing went overseas), but we must be willing to accept some higher prices of stuff for safety and domestic jobs.”
Am I missing something ? Where I am prices are going up anyway. Might as well get some benefits from it — like safety and domestic jobs. Instead of just more layers of administration and money going overseas … or up to financiers.
And all God’s people said Amen!
SCOTUS opened the door for suing fright brokers of contracting unsafe truckers, a door locked by 6th and 11th Cir
When truck accidents occur, an injured party will sometimes bring a state tort suit against a trucking company that, for example, maintained an unsafe truck and/or hired or employed an at-fault driver. It added that illegal alliens recieved CDL’s from Biden administration.
At issue was if the FAA Authorization Act of 1994 preempt state tort suits against brokers who negligently arrange truck transportation with an unsafe carrier:
“A claim that one company negligently hired another to transport goods is not preempted by the FAAAA because States retain authority to regulate safety ‘with respect to motor vehicles’ under the Act,”
Barrett wrote in a 9-0 opinion.
However, brokers’ concerns that increased litigation and insurance costs could ripple through the economy, are valid.
Parties involved:
And the corporate lawyers clog up the system and the victim suffers.
GOOD! High time this happened
Good news!
Usually, lawsuits go after the deepest pockets. The truck driver always has least funds. They then move up the chain. Trucking company, broker, maybe originator of freight and they may try and tag the truck (tool) manufacturer.
If tagging truck/tool manufacturer, they may begin pushing the liability of other “tool” manufacturers. If they go that far it’s either all or none, no favorites.
Hopefully, this ruling is not a nose under the tent.
Maybe this ruling was a sort of pass the buck from the states (California et al) who give out CDLs like candy. That’s probably where the broker defense was coming from. They are left holding the bag of paid off state government license issuers. Brokers will have to see where truckers got their CDL among other things to then maybe not accept truckers from those states, etc, etc.
Finally, the Supreme Court is doing something to help us.
Just a thought. What if the Supreme Court applied that same legal principle – with inherent liability coverage for hiring then required – for say….the CDC ( Fauci ), or better yet – politicians ( Schiff, Swalwell, etc. )?
Same with forcing states to recognize the marriage license from another state.
Why not force All States to recognize the CCL or CHL license and laws that apply to said CCL or CHL license holder from other states?
Oops! Johnny Boy and the Supremes somehow overlooked that little issue when they forced all of us to recognize Same Sex Marriage.
…..
don’t kid yourself
the insurance companies will raise rates
significantly on everyone involved
thereby creating more expensive goods
and more inflation
why not just take these idiots off the road in the first place?
Insurance brokers are just a desk, contact list and a phone LOL
they are in no way logistically involved with any direct contact
are there shady brokers?
of course, just like there are in all phases of life and commerce
as usual, in life, we in the US play the blame game
and everyone else suffers
But then there has to be accountability for states (often bribed) giving away CDLs like candy and no oversight of training facilities (also bribing state review boards)……..and we cant have that, can we.
The private enterprise always gets the blame never never the public entity responsible for oversight.
In other words, Supremes here protecting another government partner ……..and unanimously.
The recent unanimous Supreme Court decision regarding potential liability for freight brokers raises serious concerns about the future structure and efficiency of the transportation industry. Under the reasoning reflected in the decision, freight brokers could potentially be exposed to liability for connecting loads with carriers that later become involved in accidents, including situations involving poor safety ratings, improperly maintained equipment, or drivers who may not be adequately trained, qualified, or capable of understanding English-language safety requirements associated with operating heavy over-the-road commercial vehicles.
The problem with this approach is that freight brokers are not transportation companies in the direct operational sense. In many cases, brokers are small businesses that function primarily as coordinators or intermediaries, connecting shippers with available carriers across a broad range of industries and products, including recyclable materials, auto parts, manufacturing components, consumer goods, agricultural products, and countless other freight categories. Their role is largely administrative and communication-based, often conducted remotely by telephone or computer systems, sometimes hundreds or even thousands of miles away from the actual equipment, drivers, and routes involved in the transportation process.
Freight brokers are not physically responsible for maintaining tractors and trailers, inspecting brakes and tires, training drivers, monitoring driver qualifications, or supervising day-to-day operational safety practices. Those responsibilities properly fall within the scope of the motor carriers themselves. The trucking companies control the hiring process, the maintenance programs, the dispatching practices, the training standards, and the direct operation of the vehicles. As such, liability for unsafe equipment, unqualified drivers, or poor operational practices should remain focused primarily on the entities that directly control those conditions.
Expanding liability onto freight brokers is likely to create substantial economic consequences throughout the logistics industry. Many brokers operate on relatively thin margins, and increased legal exposure will almost certainly lead to dramatically higher insurance costs and compliance burdens. In some cases, smaller brokerage operations may no longer be financially viable. This could result in layoffs, business closures, and reduced competition within the freight brokerage sector.
At the same time, the insurance industry stands to gain significantly from the expansion of this new liability environment, as brokers may be forced to purchase additional layers of expensive coverage in order to continue operating. The added costs associated with this liability structure will ultimately ripple outward through the transportation system and into the broader economy.
If freight brokers are pushed out of the marketplace or consolidated into fewer larger firms, the efficient movement of freight could become slower, less flexible, and more expensive. Brokers currently serve an important coordinating function that helps match available transportation capacity with shipping demand across large geographic areas. Disrupting that process could reduce logistical efficiency and contribute to increased transportation costs for businesses and consumers alike.
Issues involving unsafe drivers, poor maintenance practices, and noncompliance with transportation standards are already within the jurisdiction of existing regulatory and enforcement agencies, including the Department of Transportation and related inspection and safety authorities. Those agencies are specifically designed to oversee the operational safety aspects of commercial transportation. Expanding liability onto brokers who do not directly control the equipment or drivers risks shifting responsibility away from the parties that are actually in the best position to prevent accidents and maintain safety standards.
Shifting oversight from government entities onto private concerns as planned…….. unanimously. Those government officials accepting bribes skate again.
Brokers are not being asked to oversee the operational safety aspects of commercial transportation.
They are being told there are public data bases available to determine if the transportation company they are considering to move a clients freight has a history of maintaining operational safety of it’s OWN fleet and drivers.
Brokers are the tip of the spear when “matching available transportation capacity with shipping demand across large geographic areas”.
That, imho, is the point.
They are the failsafe!
They green light the truck and driver.
They have, until yesterday, set them loose, once again, among the innocent traveling public, without a care.
If brokers continue to ignore publicly available government data (which suggests a pattern of neglect wrt public safety and government regulation compliance on the part of the prospective “carrier/driver”), they should be in the
“might be liable” equation, if that decision leads to injury, damage and/or death.
It does not mean they are guilty.
It does mean, however, they may (now, likely will) have to argue, in a court of law, they are not.
Furthermore, it means a plaintiffs attorney will likewise attempt to convince a jury that if the broker had simply taken the time to avail themselves of available public government data suggesting a heightened “risk” to innocents, and, out of an abundance of caution, chose another “carrier/driver”, with less documented risk…
…. this tragedy needn’t have happened.
Imho, it is not about capacity, rate increases or increased transportation costs (at least not to the next family of four, in a blue Toyota, now road pizza).
It is about individuals and entities who have gamed the system, and wish to continue gaming the system.
Come what may!
Imho
If there is publicly available government data — or private internal government data — which suggests a pattern of neglect wrt public safety and government regulation compliance on the part of the prospective “carrier/driver”), permits and licenses should be revoked by the appropriate agencies.
Absolutely agree, Colt!
And, there are things happening in that regard.
This SCOTUS Broker Liability Ruling
Regulations surrounding CDLs, among others.
We have chameleon carriers.
(operators that change their names and DOT numbers to HIDE from law enforcement)
We have bad CDL schools.
We have ELD cheaters.
https://www.overdriveonline.com/regulations/article/15819579/fmcsa-shuts-down-4-more-chameleon-carriers-after-deadly-illegal-alien-crash-in-indiana
And then there’s Motus
https://www.lancerinsurance.com/motus
“Why is the Motus Registration System Being Developed?
FMCSA’s existing registration infrastructure is built on technology that, in some cases, is decades old. Systems that don’t communicate with one another create a fragmented experience and can lead to data inaccuracies, filing errors, and opportunities for fraudulent registrations or identity misuse.
Motus aims to address these long‑standing issues head‑on, enabling FMCSA to fulfill its statutory mandate (49 USC 13908) to build a unified registration system. This modernization effort also incorporates key MAP‑21 requirements—such as stronger vetting, fraud‑resistant processes, and better data integration—while strengthening safety oversight across the commercial transportation industry.”
…
Brokers are not being picked on.
Many put the type of carriers/drivers mentioned above on the road.
Unwittingly, or no…
The tragic realities remain.
Revoking permits and licenses is a legal matter.
Our problems are decades in the making.
They are well entrenched.
The Broker “Liability” Ruling will remove a impressive chunk.
Great news
Now sit grand juries
and begin indicting, arresting, prosecuting and imprisoning State Govt employees for manslaughter
for the totally unqualified Class 8 drivers they put on the road via fraud and gross negligence
Govt employment does not grant immunity for criminal actions and murder
This ruling probably shifts blame from the government to the private sector. The victims’ lawyers suing for millions don’t care about the government folks who dropped the ball. They are getting their 30% of $100M. And indicting, arresting, imprisoning state folks require one government entity going after another…….when have we ever seen that happen at scale……other than lawfare against Trump and his allies?
I posted earlier that road tests required in every state to obtain a CDL should alert any state examiner with a functioning IQ whether someone is proficient in English. There’s plenty of blame to go around.
I guess it is good that people think this is a great thing. Personally, I think you are totally off base.
The government passed rules and regulations to force American drivers out of the market then brought in foreigners to do the jobs Americans won’t do. Then they don’t enforce the rules and regulations on the foreigners so they can have slave labor.
Now that the FO part is here, what does the government do? Start enforcing the drivers rules and regulations? Hell no! They make the people that hired the trucking company with the incompetent driver liable. The government will now require the broker to enforce the law the government refuses to enforce and makes him liable for the government’s deliberate failure.
Buy insurance stock.
Yep. And decided unanimously.
As usual, too little too late. So many lives have been lost because of willfully ignorant, amoral people who decided to ignore existing laws and put unqualified drivers on the road. I personally know of 2 families that have lost loved ones because of illegal foreigners who were in no way qualified yet they were behind the wheel of an 18 wheeler on our highways, One family lost their 21 year old daughter when the driver of the rig realized he had taken the wrong exit and his solution was to throw his rig in reverse on the off ramp and proceeded to drive through the windshield of the car behind him. The other family lost a mother, father and a nephew when their car was hit head on by a rig driven by an illegal. The news and the authorities were radio silent about who caused the accident but I found out from one of he family members that it was an illegal driving.
“The Supreme Court ruled unanimously today….”
You don’t read that in the news every day.
This decision is a miracle from God, and we should celebrate it as such.
Psalm 100
“Make a joyful shout to the Lord, all you lands!
Serve the Lord with gladness;
Come before His presence with singing.
Know that the Lord, He is God;
It is He who has made us, and not we ourselves;
We are His people and the sheep of His pasture.
Enter into His gates with thanksgiving,
And into His courts with praise.
Be thankful to Him, and bless His name.
For the Lord is good;
His mercy is everlasting,
And His truth endures to all generations”
Farm kids don’t need a CDL to drive a semi within 150 miles of the farm “base”. So you have a 16 year old without a CDL driving a 80K semi from the farm to say a ADM plant…
No one needs a CDL to drive a Crane. A crane is Equipment, Not a Truck.
A crane and rigging company owner taught me that while I was making a sales call to his company. He explained that the driver does not even need to have a drivers license. His teenage son had been moving cranes to and from construction sites for a while.
Good.
Well this is a nice decision to ensure that all decision makers in the transportation system are held responsible.
Good.
All decision makers in the transportation system are held responsible.
What about this decision holds the government people who issue these unqualified people license and fail to inspect and enforce the law, responsible for their deliberate actions as well as their deliberate inactions? The government people created this mess and continues to propagate it.
Put the responsibility where it belongs. The responsibility for this fiasco belongs squarely on the government.
Yet another scumbag Democrat/RINO monetization of America scheme that explains why Newscum, Walz, Hochul, Mitch, Koch, etc. do what they do–disgusting.
Slower traffic keep right
Speed limit 65
Sounds like the supreme did their own right to try. Hope its successful.
I was driving trucks before CDL’s were mandatory. i’ve owned my own trucks my entire life. I would never put anyone behind the wheel who wasn’t fit. In 2022 I was sitting in with all the illegals having my medical done. Now I was in my late 50s then a big guy no smoke ever very light in drinking maybe once a week fit not like I was when I was a bodybuilder, but I’m still looked at to have my CDL ripped away from me because I had a sleep apnea test performed. I disagree with the test have taken two others, and you can ask the doctor to go one way or the other depending on if you want sleep apnea machine it’s all in the coverage of the stupid machine. I can’t sleep with it so they will not give me my CDL back White American taxpayer since 1977. Until they get rid of the bullshit laws while this is gonna do is rise the cost of moving goods and services. I called to have my septic pumped last week three companies no drivers. 92% driving in Colorado are Mexican. Good luck America
I was a corporate transportation manager (traffic mgr) for 34 years. I was in charge of moving our freight by negotiating with and hiring carriers. My team would book trucks directly from trucking companies but also utilize truck brokers when needed. Of course, illegal aliens weren’t a huge issue back then.
I decided to leave the rat race of the corporate transportation industry. However, I pursued utilizing my experience by becoming a freight broker. I was just about all setup when I decided not to pursue this career path. In hindsight I’m sure glad I didn’t.
Freight brokers usually don’t personally meet the shippers or carriers. They simply use their phones and computers to find a truck for a shipper who needs to move their product, or a load for a truck sitting idle. Shippers and carriers hire freight brokers to do the legwork of finding the loads or trucks. Depending on the market situation there is a shortage of loads or trucks.
Many brokers work out of their house. They won’t have any idea which driver the trucking company hires. Even a 3PL logistics company like CH Robinson doesn’t have the resources to verify every driver.
We definitely need to get illegal aliens off the roads, but the onus needs to be on the trucking companies who hire the drivers and the governments who issue the licenses.
We definitely need to get illegal aliens off the roads, but the onus needs to be on the trucking companies who hire the drivers and the governments who issue the licenses.
Let’s see. Truck company looking to hire drivers. Puts out ads. Folks show up with all the right paperwork and “CDLs”, official paperwork from the goobermint. Truck company can easily spot the fraudulent CDLs, drivers who are English illiterate and no training. What does he do? Not hiring/using them, he is instantly labelled rayciss and sued for discrimination. “What are you, some fascist right wing white supremacist hate the browns and only wanting to hire whitey?”
Might be why I’ve seen the graphs of the top 20 recent new trucking company names being Indian and Hispanic. No “American” company wants to start up in this mess.
So, (and as we’ve seen recently) bad accident happens/people die and the instant something happens they are gone and all the money is out of the country. And another opens up next week. They just play the percentages and the pay out without much cost is huge.
Naturally, the ones holding the insurance bag are American based companies with real headquarters that do the right thing. And the consumer paying higher prices…….more exfiltration.
And their headquarters is a 1 bedroom apartment with probably several trucking “companies” there.
I am seeing another Morgan and Morgan commercial!
There’s a major freeway here in TN that I avoid like the plague. It’s a major thoroughfare for trucking. There is always some horrible accident involving a big rig. The Highway Patrol has been pulling truckers over, inspecting the truck for safety issues, and pulling them off the road. Maybe with this new ruling, even more pressure will be brought to bear. It’s been a huge problem for a long time.
I guess all this is another reason why I take non interstate roads 98% of the time. I like the scenery and there is frequently construction on interstates which leads to slow or stopped traffic perfect for out of control inattentive low trained truck drivers.
Yes, I know 4 wheelers, brake checking, and other crazies also are a problem to 40k pound trucks.
I believe a quick way to solve the problem of blue states issuing commercial driving licenses to illegal aliens, would be for Congress to pass a law that mandates that only the Department of Transportation is allowed to issue commercial driving licenses.
It would be great if this case could set the precedent that negligence on the part of the front line shipping companies would have them incur liability for hiring illegals with fraudulent CDCs, and have that liability also passed to the freight brokers in the latters’ selection of the front line trucking companies. The roaches would be cleared out of the drivers’ seats in no time if that were the case.
Forcing insurance companies via regs, legislation or court action to assume liability for damages caused by the use of immigrant and illegal immigrant and illegal alien workers was always ultimate way to end this corrupt scab labor regime. Same for cities, counties, and states. Imagine the amount of money that could be collected from insurance companies providing insurance to illegal aliens, immigrants, etc who caused damages, and the same for cities, counties and states that have sanctuary policies or other policies that provide protection and or business licensing and or employment to the. Easily hundreds of not a trillion dollars plus.
Govt siding with Amazon; Kowtowing to big corporations.
The Trump administration and companies such as Amazon had argued that letting the suit go forward would expose logistics companies to liability under a “patchwork” of state laws.
I know DJT is concerned about the economy, but siding against a harmed American and with illegals?
Montgomery v. Caribe Transport II, LLC, 608 U.S. ___ (2026)
A man suffered severe injuries, including the loss of his leg, when his stopped tractor-trailer was struck by a truck driven by an employee of a motor carrier. The shipment had been coordinated by a broker, and the injured man alleged the broker was liable for negligently hiring the motor carrier and its driver, pointing to the carrier’s poor safety rating and regulatory violations. The claim asserted that the broker knew, or should have known, that hiring this carrier posed a reasonable risk of causing harm.
https://supreme.justia.com/cases/federal/us/608/24-1238/