CATASTROPHIC TRUCKING CASE REVIEW FOR PLAINTIFF LAWYERS

When the Trucking Policy Isn’t Enough, Investigate Who Selected the Carrier

A catastrophic trucking case may involve damages far beyond the motor carrier’s available insurance. When that happens, the investigation shouldn’t necessarily stop with the driver and carrier.

Defiance Injury Law works with plaintiff attorneys to evaluate potential claims involving freight brokers, logistics providers, freight platforms, shippers, and other entities involved in selecting or placing a motor carrier on the road.

Catastrophic Trucking • Wrongful Death • Negligent Carrier Selection • Broker Liability • Complex Litigation

Beyond the $1M Policy

When the trucking policy isn’t enough, find out who selected the carrier. Do not stop at the carrier policy. Find the broker. Find the data. Find the recovery path.

The Motor Carrier May Not Be the End of the Investigation

A fatal or life changing truck crash can produce medical costs, lost earnings, future care needs, and noneconomic harm that substantially exceed the carrier’s available coverage.

When the damages and insurance don’t align, plaintiff counsel may need to determine:

A broker-liability investigation doesn’t assume that another company is responsible. It asks whether the facts, contracts, communications, safety information, and applicable law support looking further upstream.

Broker Negligent-Selection Claims After Montgomery v. Caribe Transport II

On May 14, 2026, the U.S. Supreme Court held that the state-law negligent-hiring claim at issue in Montgomery v. Caribe Transport II, LLC wasn’t preempted by the Federal Aviation Administration Authorization Act.

The Court concluded that requiring a broker to exercise ordinary care when selecting a motor carrier concerns motor-vehicle safety and therefore falls within the FAAAA’s safety exception. The Court reversed the Seventh Circuit and sent the case back for further proceedings.

The decision is important, but it doesn’t make freight brokers automatically liable after a truck crash. It addressed federal preemption—not whether the broker was negligent, whether the selection caused the crash, or what damages may be recoverable.

Those questions remain dependent on:

Defining the Broker’s Role

What Is a Freight Broker?

Federal regulations generally define a broker as a person or company that, for compensation, arranges or offers to arrange the transportation of property by an authorized motor carrier.

The legal role of a company depends on what it actually did, not only the name it used in contracts, emails, marketing materials, or load documents. A company may describe itself as a broker, logistics provider, freight platform, third-party logistics company, dispatcher, intermediary, or transportation provider.

A proper investigation should evaluate the company’s actual conduct, contractual obligations, communications, control, representations, and role in selecting the carrier.

Potential Parties

Who Put the Carrier on the Road?

Depending on the facts, the investigation may extend to:

Freight Brokers

Companies that arranged transportation and selected or offered the load to a motor carrier.

Logistics Companies

Entities that coordinated routing, scheduling, shipping requirements, carrier selection, or transportation management.

Freight Platforms

Technology companies or digital marketplaces that matched shipments with carriers or influenced how carriers were identified and approved.

Shippers and Intermediaries

Companies that may have selected, directed, approved, or retained entities involved in the transportation process.

Related Carrier Entities

Affiliated companies, common ownership structures, equipment owners, leasing companies, or entities operating under overlapping authority. The existence of an upstream party doesn’t establish liability. The question is whether the party owed and breached an applicable duty and whether that conduct contributed to the harm.

When to Request a Review

Broker-Liability Issues May Be Worth Investigating When:

Early review is important because load documents, communications, platform data, telematics, safety records, and corporate information can become harder to identify or preserve as time passes.

Experience Built for High-Stakes Litigation

Our attorneys bring experience across catastrophic injury, wrongful death, medical malpractice, trucking, broker liability, appellate advocacy, and complex civil litigation. Their prior work includes publicly reported verdicts and settlements involving serious injuries, fatalities, oilfield incidents, and commercial transportation claims.

*Some results were obtained by attorneys before joining Defiance Injury Law or while working as part of a broader litigation team.*

Request a Catastrophic Trucking Case Review

Please provide enough information for an initial conflicts check and attorney discussion. Don’t send privileged communications, confidential strategy, medical records, or protected documents until the firm confirms that it can review them.

*Submitting this form doesn’t create an attorney-client, referral, or co-counsel relationship. Please don’t rely on this submission to protect a statute of limitations, filing deadline, preservation obligation, or other time-sensitive requirement.*

Frequently Asked Questions

What is freight-broker liability?

Freight-broker liability generally refers to a claim that a broker’s own conduct contributed to a crash or resulting harm. One potential theory is negligent carrier selection, which may allege that a broker failed to use reasonable care when selecting a motor carrier.

The exact duty, elements, defenses, and available claims depend on the jurisdiction and facts.

No. The Supreme Court held that the negligent-hiring claim at issue wasn’t preempted because it fell within the FAAAA’s motor-vehicle-safety exception.

The Court didn’t decide whether the broker was negligent, whether its conduct caused the crash, or whether the plaintiff would ultimately recover.

No. The Court addressed the specific negligent-hiring claim before it. Other claims, factual situations, statutory provisions, and state laws may raise different preemption questions.

Rate confirmations, broker-carrier agreements, bills of lading, load tenders, dispatch communications, invoices, payment records, emails, platform records, and shipping instructions may identify the companies involved in arranging the load.

The SAFER Company Snapshot may provide carrier identification, operating information, cargo classifications, inspection summaries, out-of-service information, crash data, and a safety rating when one has been assigned.

No. Operating authority and overall safety are different questions. FMCSA cautions users against drawing conclusions about a carrier’s overall safety condition solely from publicly displayed SMS information.

Yes, depending on deadlines and procedural posture. Filed cases may still present opportunities to investigate broker involvement, corporate relationships, carrier-selection evidence, and additional discovery.

Not necessarily. The relationship may involve consultation, co-counsel, a full referral, or a specifically defined litigation role. The responsibilities of each attorney will be discussed and documented before the work begins.

Any fee arrangement must comply with the applicable professional rules and be documented in writing. There’s no referral or fee-sharing agreement based solely on an inquiry or preliminary case review.

No. The identity of the broker or logistics intermediary may not be obvious at the beginning. Early review of load documents, payment records, communications, and transportation records may help identify the relevant parties.

No. Defiance must first complete a conflicts review, evaluate the matter, and enter into a signed written agreement.