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).

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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 may provide access to an additional source of insurance coverage, depending on the broker’s policies, the facts of the case, and the available coverage.

How Does Florida Law Handle Negligent Selection Claims?

Florida recognizes negligent selection of an independent contractor as a viable cause of action. Florida courts have explained that this type of claim is based on Restatement (Second) of Torts §411. 

In general, a negligent selection claim requires proof that:

1. The contractor was incompetent or unfit to perform the work.
2. The party hiring the contractor knew or reasonably should have known about that incompetence or unfitness.
3. The contractor’s incompetence or unfitness was a proximate cause of the plaintiff’s injury.

In a freight broker case, the “contractor” is usually the motor carrier selected to transport the load.

A broker may argue that it acted reasonably. That is a defense, not automatic immunity. The investigation may focus on what the broker actually reviewed before assigning the load.

For example:

• Did the broker check the carrier’s FMCSA safety rating?
• Did the broker review recent violations?
• Did the broker look at driver qualification issues?
• Did the broker check out-of-service history?
• Did the broker rely only on active operating authority?
• Did the broker ignore a conditional or unsatisfactory safety rating?
• Did the broker continue using the carrier despite prior safety issues?
• Did the broker use a third-party carrier monitoring platform?
• Did the broker document its carrier approval process?

The standard is not perfection. The standard is reasonable care.

If a broker used reasonable care when selecting a reputable carrier, the broker may have a strong defense. But if the broker ignored obvious warning signs, that decision may become powerful evidence in a Tampa truck accident case.

What Evidence Can Prove Freight Broker Negligence?

Proving broker negligence requires fast action because much of the evidence is controlled by private companies.

Some records may be public. Others may only become available through litigation.

Important evidence may include:

• FMCSA Safety Measurement System records
• carrier safety ratings
• crash history
• roadside inspection reports
• out-of-service rates
• driver qualification violations
• hours-of-service violations
• maintenance violations
• broker-carrier agreements
• load tenders
• bills of lading
• dispatch records
• emails between the broker and carrier
• text messages or internal communications
• broker vetting checklists
• carrier onboarding files
• insurance verification records
• prior incident history involving the same carrier
• third-party carrier monitoring platform data
• screenshots or reports reviewed before dispatch

In Montgomery, the allegation was that the broker knew or should have known about the carrier’s conditional safety rating and documented safety deficiencies.

That is the type of issue a lawyer should investigate immediately after a serious truck crash.

The question is not only what happened at the crash scene. The question is also what happened before the crash.

Who chose the carrier?
What did they know?
What should they have checked?
What red flags were ignored?
Would a reasonably careful broker have selected that carrier?

Those answers can change the entire case.

Who Else Can Be Liable After a Tampa Truck Crash?

A freight broker may be one part of a larger liability chain.

Depending on the facts, responsible parties may include:

• the truck driver
• the trucking company or motor carrier
• the freight broker
• the shipper
• the cargo loader
• The company responsible for maintenance
• the owner of the truck or trailer
• a manufacturer of defective parts
• another driver
• a company that controlled the route, load, or delivery schedule

This matters because each party may have different insurance coverage, different records, and different duties.

For example, a trucking company may be responsible for hiring and supervising the driver. A maintenance company may be responsible for unsafe brakes or tires. A cargo loader may be responsible for improperly secured freight. A broker may be responsible for choosing an unsafe carrier despite known safety problems.

In serious commercial vehicle cases, naming only the driver may leave important defendants out of the case.

That is why The Reyes Firm investigates the full transportation chain.

Why Are Tampa Truck Crash Cases Different?

Tampa is a major transportation hub. Freight moves through Hillsborough County every day on I-4, I-75, I-275, the Selmon Expressway, U.S. 301, Dale Mabry Highway, and State Road 60.

Commercial trucks travel through Tampa to reach distribution centers, warehouses, ports, construction sites, retail stores, and delivery routes throughout Florida.

That heavy commercial traffic increases the importance of asking hard questions after a crash.

Was the carrier qualified?
Was the driver properly trained?
Was the truck maintained?
Was the load secured?
Was the delivery schedule unsafe?
Did a broker choose the carrier without checking its safety history?

A Tampa truck accident case is not just a crash report. It is a business records case. It is a safety compliance case. It is often a case about decisions made hours, days, or weeks before the collision.

How Can The Reyes Firm Help With a Freight Broker Liability Case?

When The Reyes Firm handles a commercial truck crash case involving possible broker liability, we move quickly and investigate broadly.

We send preservation demands immediately.

We demand that the broker, carrier, driver, shipper, and other related entities preserve key evidence. This may include carrier vetting files, safety screening records, broker-carrier agreements, load tenders, dispatch communications, emails, text messages, third-party monitoring data, FMCSA records reviewed before dispatch, and internal approval workflows.

We pull FMCSA and carrier safety records.

We review the carrier’s available safety history, including safety ratings, inspection violations, crash history, driver-related violations, maintenance issues, and out-of-service data.

We identify every party in the transportation chain.

A commercial freight transaction may involve a shipper, broker, motor carrier, sub-broker, owner-operator, loader, maintenance provider, and insurer. We work to identify each party before deciding who should be named in the case.

We investigate what the broker knew or should have known.

The key question is whether the broker acted reasonably when choosing the carrier. We look for red flags, ignored safety data, prior incidents, missing vetting steps, and carrier approval decisions that may show negligence.

We work with industry and accident experts.

Truck accident reconstruction experts, trucking safety experts, and freight broker operations experts may help explain what happened, what should have happened, and how a broker’s decision contributed to the crash.

We build the full damage picture.

A serious truck crash can affect your health, income, mobility, family life, and future. We document medical bills, future treatment needs, lost wages, reduced earning capacity, pain and suffering, and the long-term impact of the injury.

No lawyer can guarantee a result. But we can promise to investigate the companies behind the crash, not just the driver behind the wheel.

Frequently Asked Questions

Can I really sue a freight broker after a truck accident in Florida?

Yes, if the facts support a negligent-hiring or negligent-selection claim. The Supreme Court’s May 14, 2026, ruling in Montgomery v. Caribe Transport II, LLC held that this type of safety-based claim is not categorically preempted by the FAAAA. That means a broker may be sued when it fails to use reasonable care in selecting an unsafe motor carrier.

Does this mean every freight broker is automatically liable after a truck crash?

No. The ruling does not create automatic broker liability. It means a broker cannot use federal preemption as a blanket shield against safety-based negligent-hiring claims. The injured person still must prove negligence, causation, and damages.

What is negligent hiring in a freight broker case?

Negligent hiring means a party failed to use reasonable care when selecting someone for work that could cause physical harm if done unsafely. In a freight broker case, the claim usually alleges that the broker selected an unsafe carrier despite safety red flags.

How do I know if a freight broker was involved in my crash?

The broker’s name may not appear in the police report. A lawyer may identify the broker by reviewing the bill of lading, load tender, shipping documents, dispatch records, carrier records, and FMCSA information. This is one reason early investigation is so important.

What if the broker says it checked the carrier’s safety rating?

That is a defense, not automatic immunity. The question becomes what the broker actually reviewed, when it reviewed it, and whether a reasonable broker would have selected that carrier under the circumstances. A quick paperwork check may not be enough if serious red flags were ignored.

How long do I have to file a truck accident claim in Florida?

Most negligence-based personal injury claims in Florida must be filed within two years under Florida Statute §95.11(5)(a). But evidence can disappear much sooner. Broker communications, vetting files, carrier records, and dispatch documents should be preserved quickly after a crash. 

Does this ruling help if my crash happened on I-4, I-75, or I-275 near Tampa?

Yes, if the facts support a broker liability theory. The Supreme Court’s ruling applies nationwide, including Florida. A crash on I-4, I-75, I-275, or another Tampa-area road may involve broker liability if a broker negligently selected an unsafe carrier.

What if the trucking company already has insurance?

The trucking company’s insurance may be important, but it may not be enough in a catastrophic injury or wrongful death case. If a broker also contributed to the crash by negligently selecting an unsafe carrier, the broker may have separate insurance coverage that could become relevant.

Author Bio

Edward Reyes, Esq.

Edward Reyes, Esq., is a Florida Bar-licensed attorney and the founder of The Reyes Firm, a commercial vehicle and personal injury law firm based in Tampa, Florida. He focuses on serious injury and wrongful death cases involving commercial trucks, freight brokers, delivery vehicles, and other commercial operators. When a commercial vehicle crash changes a family’s life, Edward Reyes moves quickly to investigate the companies behind the crash, not just the driver.

Read more about Edward Reyes.

The information in this article is provided for general educational purposes only and does not constitute legal advice. Reading this article does not create an attorney-client relationship between you and The Reyes Firm or Edward Reyes, Esq.

Every case is different, and the outcome of any legal matter depends on the specific facts involved. The law changes frequently, and while this article reflects information current as of May 2026, you should consult a licensed Florida attorney about your specific situation. Past results in similar cases do not guarantee a particular outcome in your case.

The Reyes Firm practices law in the state of Florida. This article is intended for audiences in Tampa, Hillsborough County, and communities throughout Florida.