A unanimous Supreme Court just changed how brokers pick the carriers they tender loads to, and the carriers with the cleanest safety records are the ones who win. In Montgomery v. Caribe Transport II, the Court ruled that freight brokers can be sued for negligently hiring unsafe motor carriers, which means your safety data is now a booking criterion, not just a compliance line item.

What the Supreme Court broker liability ruling actually says

On May 14, 2026, the Court ruled 9-0 that a negligent-hiring claim against a freight broker is not preempted by the Federal Aviation Administration Authorization Act. Justice Amy Coney Barrett wrote the opinion, and Justices Kavanaugh and Alito concurred.

The case started with a 2017 crash on Interstate 70 in Illinois, where a tractor-trailer hauling a load arranged by broker C.H. Robinson rear-ended a stopped vehicle and caused life-altering injuries. The broker argued federal law shielded it from a state lawsuit. The Court disagreed.

The reasoning is simple. The FAAAA preempts state laws about a broker's price, route, or service, but it carves out an exception for state safety authority over motor vehicles. A negligent-hiring claim is about keeping unsafe trucks off the road, so it fits the safety exception and survives.

Why broker liability for negligent hiring matters to carriers

For years, brokers leaned on FAAAA preemption as a blanket defense. That defense is gone for safety claims. Brokers now carry real exposure when they tender a load to a carrier with a bad safety record.

The market response is immediate. Brokers will scrutinize your safety profile before they tender a load, because a documented vetting process is now their best defense. Carriers with clean data move from "acceptable" to "preferred," and carriers with red flags get filtered out.

Justice Kavanaugh said the quiet part out loud: brokers "have a strong incentive to do business only with safe and reliable motor carriers." That incentive is now legal, not just operational. FMCSA compliance just became a sales asset.

What safety data brokers will check before tendering a load

Brokers will build documented selection files from public FMCSA data. If your numbers are clean and easy to verify, you clear the check fast. If they are not, you lose the load.

Expect brokers to pull the following before they commit a truck:

• FMCSA SAFER and SMS BASIC percentile scores

• Crash rate and out-of-service percentage

• Inspection history and prior enforcement actions

• Operating authority age, with authority under 18 months flagged as higher risk

• Conditional or unsatisfactory safety ratings

• Current insurance coverage and limits

None of this is new data. What is new is that a broker now has a legal reason to act on it, and a documented reason to skip you if it looks weak. Staying on top of your DOT violation history is no longer optional.

How clean safety data turns into more booked loads

Clean safety data lowers a broker's risk, and lower risk wins the tender. The carriers who keep their records tight, their inspections current, and their authority in good standing become the safe choice in a market where the safe choice now has legal weight.

This rewards the operators who already run disciplined back offices. The same visibility that helps you track profit per truck also helps you keep the documentation a broker wants to see. Carriers who treat compliance as an afterthought will feel the squeeze first.

How Datatruck keeps your safety and compliance data ready

Datatruck is a TMS for carriers that keeps your operational and compliance records in one place, so the documentation a broker asks for is never scattered across folders and inboxes. When a broker vets you, you want answers in minutes, not a scramble.

The platform centralizes driver files, documents, and load records on one database, and pairs with ELD and telematics integrations that feed the inspection and hours data that sits behind your safety scores. Proof of delivery, rate confirmations, and driver records live with the load, not in a separate system.

You also get the financial side. Datatruck runs accrual accounting per truck, per driver, and per lane, so the lanes you keep are the profitable ones rather than the cheap loads from brokers who no longer want the risk. See how carriers run it on a growing fleet or compare options on the TMS comparison page.

What carriers should do right now

The ruling is settled, so the work is operational. Tighten the data brokers are about to start reading.

1. Pull your own FMCSA SAFER and SMS BASIC scores and fix what you can

2. Confirm your operating authority and insurance are current and documented

3. Address any open inspection or enforcement items before they show up in a broker's file

4. Keep driver and equipment records in one system you can produce on request

5. Track which brokers reward clean data with better-paying loads

Carriers with clean safety data just got materially more bookable, and the back office that proves it is now a revenue tool. Book a demo to see how Datatruck keeps your compliance and profit data ready for the next tender.

FAQs

What did the Supreme Court decide in Montgomery v. Caribe Transport II?

The Supreme Court ruled 9-0 that freight brokers can be sued under state law for negligently hiring unsafe motor carriers. The FAAAA safety exception saves these claims from federal preemption, so brokers can no longer use preemption as a blanket defense.

Does the broker liability ruling create liability for carriers?

No, the ruling targets broker liability for negligent carrier selection, not new carrier liability. The practical effect on carriers is that brokers will now scrutinize your safety record before tendering a load, so clean data makes you more bookable.

What safety data will brokers check after the ruling?

Brokers will check public FMCSA data, including SAFER and SMS BASIC percentile scores, crash and out-of-service rates, inspection and enforcement history, operating authority age, and insurance coverage. Carriers with clean, current records clear these checks fastest.

How does a clean safety record help a carrier win loads?

A clean safety record lowers a broker's negligent-hiring risk, which makes you the safer and more defensible choice for a tender. As brokers tighten vetting, well-documented carriers move ahead of operators with weak or unverifiable safety data.

Book a Datatruck demo