Can You Sue a Freight Broker After a Tampa Truck Crash?
Quick Summary The U.S. Supreme Court ruled on May 14, 2026, that negligent-hiring claims against freight brokers are not categorically blocked by the Federal Aviation Administration Authorization Act when the claim involves motor vehicle safety. That means a freight broker may be sued under state law if it failed to use reasonable care when selecting an unsafe trucking company. Florida recognizes negligent selection of an independent contractor as a viable claim, but the injured person still has to prove the carrier was unfit, the broker knew or should have known about the problem, and that the carrier’s unfitness caused the crash. After a Tampa truck crash, liable parties may include the driver, trucking company, freight broker, shipper, cargo loader, maintenance company, or another party in the transportation chain. In Florida, most negligence-based personal injury claims must be filed within two years under Florida Statute §95.11(5)(a). Had a bad day? Call The Reyes Firm at 833-4 BAD DAY. The Reyes Firm Hurt in a Tampa Truck Crash? A freight broker, trucking company, or unsafe carrier may share responsibility. Get clear next steps after a serious commercial vehicle crash. Had a bad day? Schedule a Free Consultation Can You Sue a Freight Broker After a Tampa Truck Accident? Yes, if the facts support a negligent-hiring or negligent-selection claim. A freight broker is not automatically liable just because a truck crash happened. But after the Supreme Court’s 2026 decision in Montgomery v. Caribe Transport II, LLC, freight brokers can no longer rely on the FAAAA as a blanket federal shield against safety-based negligent-hiring claims. That matters because many commercial truck crashes do not begin with the driver alone. They often begin with business decisions made before the truck ever enters I-75, I-4, I-275, Dale Mabry Highway, State Road 60, or another Tampa-area road. A broker may have arranged the shipment. A carrier may have accepted the load. A driver may have been dispatched despite poor safety history, driver qualification problems, inspection failures, or repeated violations. When a broker chooses an unsafe motor carrier despite warning signs, that decision may become part of the liability investigation. At The Reyes Firm, we look beyond the driver. In serious commercial vehicle cases, we investigate the full chain of responsibility, including the driver, carrier, broker, shipper, loader, maintenance provider, and any company whose decisions contributed to putting an unsafe truck on the road. What Is a Freight Broker in a Truck Accident Case? A freight broker is a company that connects shippers with trucking carriers. The broker usually does not own the truck. It usually does not employ the driver. Instead, the broker arranges the shipment, selects the motor carrier, and is paid to coordinate the load. That role matters after a crash because brokers are often in a position to review a carrier’s safety history before assigning a load. Depending on the facts, a broker may have access to information such as: FMCSA safety ratings inspection violations out-of-service rates driver qualification issues crash history insurance information carrier authority status prior incidents involving the same carrier internal carrier approval notes third-party carrier monitoring reports If a broker hires a carrier with obvious safety problems and that carrier later causes a serious crash, the injured person may have a claim that the broker failed to exercise reasonable care in selecting the carrier. That is why freight broker liability can matter in Tampa truck accident cases. The crash may involve more than the driver who hit you. It may involve the company that chose the carrier in the first place. What Did the Supreme Court Decide in Montgomery v. Caribe Transport? In Montgomery v. Caribe Transport II, LLC, the U.S. Supreme Court considered whether the FAAAA blocks state-law negligent-hiring claims against freight brokers. The case involved Shawn Montgomery, who suffered severe and permanent injuries after his tractor-trailer was struck by a truck driven for Caribe Transport. C.H. Robinson, a freight broker, had arranged the shipment. Montgomery alleged that C.H. Robinson knew, or should have known, that Caribe Transport had safety problems before selecting it for the load. The legal issue centered on the FAAAA, a federal law that generally preempts certain state laws governing trucking rates, routes, and services. But the law also has a safety exception. That exception says federal preemption does not restrict a state’s safety regulatory authority “with respect to motor vehicles.” The Supreme Court held that a negligent-hiring claim involving the selection of an unsafe motor carrier can fall within that safety exception. In plain English, the Court said this type of safety-based claim is not automatically blocked by federal law. The Court did not decide that C.H. Robinson was negligent. It decided that Montgomery’s claim was not barred by federal preemption and could move forward. That distinction matters. A broker is not automatically responsible after every truck crash. But when a broker ignores safety red flags and chooses an unsafe carrier anyway, the injured person may now have a clearer path to bring that broker into the case. Why Does This Ruling Matter for Florida Truck Accident Victims? This ruling matters because serious truck accident cases often involve more than one responsible party. Before Montgomery, freight brokers often argued that the FAAAA preempted state negligent-hiring claims against them. Some courts agreed. That meant broker claims could be dismissed early, even when the injured person alleged that the broker selected an unsafe trucking company. After Montgomery, brokers can no longer invoke federal preemption as a categorical defense to negligent-hiring claims concerning motor vehicle safety. For injured people in Florida, this may make it possible to investigate and pursue claims against a broker when the facts support it. This is especially important in catastrophic truck accident cases involving: severe injuries permanent disability traumatic brain injuries spinal cord injuries amputations wrongful death multi-vehicle crashes crashes involving unsafe carriers crashes involving repeated safety violations crashes involving poorly maintained trucks crashes involving driver qualification failures When injuries are life-changing, one insurance policy may not be enough. Broker liability