Can You Sue the Freight Broker After a Truck Crash in Georgia?

A freight broker liability truck accident claim may be possible in Georgia when the evidence shows the broker carelessly chose an unsafe trucking company. On May 14, 2026, the U.S. Supreme Court unanimously held that federal law does not preempt state negligent-hiring claims against brokers (Montgomery v. Caribe Transport II, LLC, No. 24-1238). The ruling opens the door to these claims. It does not decide that any broker is liable, so each case still turns on the evidence.

Broker, Motor Carrier, and Shipper: Who Does What

Three different businesses can stand behind one load of freight. Knowing which is which tells you who may be responsible after a crash.

• The shipper is the business whose goods are being moved.
• The freight broker finds a trucking company to haul the load. Federal rules define a broker as a person who, for compensation, “arranges, or offers to arrange, the transportation of property by an authorized motor carrier” (49 CFR 371.2). A broker does not drive the truck.
• The motor carrier is the trucking company. Federal law defines it as “a person providing motor vehicle transportation for compensation” (49 U.S.C. § 13102(14)). Its name and USDOT number must appear on both sides of the truck (49 CFR 390.21).

A motor carrier arranging loads it has agreed to haul itself is not a broker (49 CFR 371.2). That matters because the broker and the carrier face different rules and carry different insurance.

Broker Registration and the $75,000 Bond

Brokers must register with the Federal Motor Carrier Safety Administration (FMCSA). Federal law says FMCSA registers a broker that has enough experience and is “fit, willing, and able” to act as a broker (49 U.S.C. § 13904(a)).

Every registered broker must also keep $75,000 in financial security, through a surety bond or a trust fund (49 U.S.C. § 13906(b)(3); 49 CFR 387.307). That amount is still $75,000 under the current rule.

This bond is not injury insurance. It pays shippers or motor carriers if the broker fails to carry out its contracts (49 CFR 387.307(a)). Federal law ties it to claims for unpaid freight charges (49 U.S.C. § 13906(b)(2)). FMCSA’s insurance chart lists $0 in required bodily injury and property damage coverage for brokers. By contrast, interstate for-hire carriers hauling general freight must carry at least $750,000 in liability coverage (49 CFR 387.9). Read more about trucking insurance limits in Georgia.

What the Supreme Court Decided in Montgomery V. Caribe Transport II

The Court held, 9-0, that a negligent-hiring claim against a broker falls within the federal “safety exception” and is not preempted. Justice Barrett wrote the opinion. Justice Kavanaugh wrote a concurrence, joined by Justice Alito.

The Facts

Shawn Montgomery’s tractor-trailer was stopped on the side of an Illinois road. A truck hauling a load for the motor carrier Caribe Transport II veered off course and hit it. Montgomery’s leg was amputated. He alleged that the broker, C.H. Robinson, negligently hired Caribe, which had a “conditional” FMCSA safety rating.

The Holding

A federal law, the FAAAA, bars states from enforcing laws “related to a price, route, or service” of a broker (49 U.S.C. § 14501(c)(1)). But that bar “shall not restrict the safety regulatory authority of a State with respect to motor vehicles” (49 U.S.C. § 14501(c)(2)(A)). The Court found that a broker’s duty to use ordinary care in picking a carrier concerns motor vehicles. In the Court’s words, it concerns “most obviously, the trucks that will transport the goods.”

This is a change for Georgia. Before the ruling, the federal appeals court covering Georgia had come out the other way (Aspen Am. Ins. Co. v. Landstar Ranger, 65 F.4th 1261 (11th Cir. 2023)).

What the Ruling Does Not Decide

The Court did not decide whether C.H. Robinson was negligent, what the standard of care is, or whether Montgomery will win. It reversed and sent the case back. It also did not resolve questions about 49 U.S.C. § 14501(b), a separate provision that preempts state regulation of brokers’ intrastate rates, routes, or services and has no safety exception. A load that never left Georgia may raise that separate issue. Justice Kavanaugh noted that brokers who acted reasonably can defend themselves, and that proximate cause rules may limit liability.

What Negligent Selection of a Carrier Means

Negligent selection means the broker did not use reasonable care when it picked the trucking company. The Court described negligent-hiring claims as imposing a duty of reasonable care when hiring a contractor for work that carries a risk of physical harm. Justice Kavanaugh wrote that “federal law does not require brokers to take substantial steps to ensure that they select safe trucking companies.” So the duty comes mainly from state negligence law.

Questions a broker claim often asks:

1. Did the carrier have active operating authority to haul the load?
2. What was its safety rating? FMCSA defines a “conditional” rating as a carrier that does not have adequate safety management controls in place (49 CFR 385.3).
3. Was its insurance on file with FMCSA?
4. What did its record show? FMCSA’s free SAFER Company Snapshot is one place to look. FMCSA says it shows a carrier’s size, cargo, inspection and out-of-service summary, crash information, and any safety rating.

FMCSA is moving registration to a new system called Motus. It says its older Licensing and Insurance (L&I) system now shows historical records only. A lawyer may need both to see what a broker could have checked on the day it booked the load.

Georgia generally does not hold a business liable for an independent contractor’s negligence (O.C.G.A. § 51-2-4). One exception applies when the business keeps the right to control the time and manner of the work (O.C.G.A. § 51-2-5(5)). A negligent-selection claim is different. It focuses on the broker’s own conduct in choosing the carrier.

Evidence That Matters in a Broker Claim

Broker claims are won or lost on paperwork. Key records include:

• The broker-carrier agreement, which sets out each side’s duties.
• The rate confirmation for the load, showing who booked it, when, and at what price.
• Carrier vetting records, showing what the broker checked about authority, safety rating, and insurance before booking.
• Load board and booking history, showing how the load was posted and how fast it was assigned.
• Tracking and dispatch messages, which may show how much control the broker exercised over the driver.
• The broker’s transaction record. Brokers must keep a record of each transaction for 3 years (49 CFR 371.3). It must name the carrier, its registration number, and the bill of lading number.

The carrier’s records disappear much faster. Hours-of-service records must be kept only 6 months (49 CFR 395.8(k)). A preservation letter puts a company on notice. In Georgia, the duty to preserve evidence arises when a party knows or should know litigation is contemplated (Phillips v. Harmon, 297 Ga. 386 (2015)). See what evidence trucking companies keep after a crash.

How Broker Claims Fit Georgia’s Fault and Direct Action Rules

Georgia’s apportionment statute shapes every multi-defendant truck case. The jury divides damages among those who are liable, and each defendant pays only its own share (O.C.G.A. § 51-12-33(b)). The jury may also weigh the fault of someone not in the case, if a defendant gives notice at least 120 days before trial (O.C.G.A. § 51-12-33(c), (d)). If the broker is left out, a defendant may still blame it.

Your own fault counts too. Your damages drop by your share, and you recover nothing at 50% or more (O.C.G.A. § 51-12-33).

For claims arising on or after July 1, 2024, you generally cannot sue a motor carrier’s insurer directly. The exceptions are when the carrier is insolvent or bankrupt, or the driver or carrier cannot be served after diligent effort (O.C.G.A. § 40-1-112(c); § 40-2-140(d)(4)). That rule addresses carriers and their insurers. A claim against a broker is brought against the broker itself.

Why the Broker Can Matter for Your Recovery

The broker can be one more source of payment. A carrier hauling general freight may carry only the $750,000 federal minimum (49 CFR 387.9). In a crash with serious injuries or a death, that may not cover the losses.

A broker found at fault owes its own share of the damages (O.C.G.A. § 51-12-33(b)). That share comes from the broker’s own assets or any liability insurance it carries. Because federal law does not require brokers to carry injury coverage, a lawyer has to find out what coverage exists in each case.

Talk to a Lawyer Who Has Seen the Insurance Side

Flack Injury Law is a Midtown Atlanta firm that represents injured people in truck crashes. Founding attorney Jonathan Flack has been licensed in Georgia since 2016. Before founding the firm, he spent two and a half years on the insurance side of commercial truck, tractor-trailer and medical transport van cases. He works directly on every case and speaks Spanish with clients without an interpreter. Learn more about our Atlanta truck accident attorney services.

The firm recovered $650,000 for a client hurt in a head-on collision with a tractor-trailer in Peachtree City. Prior results do not guarantee a similar outcome.

Frequently Asked Questions

More Questions About Freight Broker Liability

Talk to a Georgia Truck Accident Lawyer About the Broker’s Role

If a brokered load was involved in your crash, Jonathan Flack can identify the broker, request its vetting records, and explain your options in English or Spanish. Consultations are free.

There is no fee and no case cost unless the firm recovers money for you. Call Flack Injury Law at (678) 653-0309 or contact us online.

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