Montgomery v. Caribe: What Every Carrier Needs to Know

What happened

On May 14, 2026, the United States Supreme Court ruled unanimously (9-0) in Montgomery v. Caribe Transport II, LLC that federal law does not shield freight brokers from state negligent-hiring lawsuits. Justice Amy Coney Barrett wrote the opinion.

In plain English: if a broker selects a carrier with a poor safety record, and that carrier causes an accident, the broker can now be sued under state law for negligent carrier selection. The federal preemption defense that brokers relied on for decades is gone.

Why carriers should care

You might think this is a broker problem, not a carrier problem. It's both:

1. Brokers will tighten vetting. Every broker in the US is now re-evaluating their carrier qualification process. Carriers with poor safety scores will lose access to freight — not because of FMCSA intervention, but because brokers can't afford the liability risk.
2. Your percentile is now a business asset. A low percentile (good safety) is no longer just about avoiding FMCSA intervention. It's about being the carrier brokers choose when they're worried about lawsuits. Good scores = more freight.
3. Insurance premiums will shift. Insurers are already using SMS data for underwriting. Post-Montgomery, expect even more weight on safety scores as brokers demand higher coverage from carriers with elevated percentiles.
4. Documentation matters more. Brokers will want timestamped proof that they checked your safety record. Carriers who can proactively share a clean safety profile will have a competitive advantage in getting loads.

What you should do right now

1. Know your actual percentile. FMCSA's public site shows your measures and alert flags — but not your percentile rank. That's the number brokers are looking at. Check your score here — it's free.
2. Understand what's driving your score. If your Unsafe Driving percentile is above 65, you're above the intervention threshold. But do you know which specific violations are pushing it there?
3. Dispute inaccurate data. If you have violations on your record that shouldn't be there, file a DataQs Request for Data Review. Every inaccurate violation is now costing you freight.
4. Monitor monthly. Your score changes every month as new inspections come in and old ones age out. A single bad inspection can spike your percentile for 24 months.

The bottom line

Montgomery v. Caribe didn't change your safety obligations — you were always required to operate safely. What it changed is the economic consequence of your safety score. Brokers now have personal liability on the line when they select you. Your percentile just became the first thing they check and the last thing they'll compromise on.

Carriers with clean scores will get more freight. Carriers with elevated scores will lose access to the best brokers. The market is repricing safety right now — this week, not next year.