By: Nathan Severson
Yes, in certain cases they can. As of May 2026, a freight broker that hired an unsafe trucking company can be sued in a North Dakota truck accident case, not just the driver and the motor carrier. The U.S. Supreme Court’s decision in Montgomery v. Caribe Transport removed any federal preemption defense freight brokers had long used to attempt to escape liability for these claims. For a catastrophic crash that results in catastrophic injuries or death in North Dakota, that can mean an additional at fault defendant on the hook. If you were hurt in a crash with a commercial truck, our personal injury attorneys can help you identify everyone responsible: the driver, the trucking company, and any broker or shipper whose choices put an unsafe truck on the road.
What Is a Freight Broker, and How Is It Different From the Trucking Company?
A freight broker is the middleman that arranges a shipment. It chooses which trucking company hauls a load, but it does not own the truck or employ the driver. The shipper hires the broker; the broker picks the carrier; the carrier owns the trucks and employs the drivers.
North Dakota victims have tried to reach brokers before, but usually through vicarious-liability theories, arguing the broker was really the driver’s employer. Those arguments often fail. In Crocker v. Morales-Santana, the North Dakota Supreme Court held that a company acting as a freight broker was not the negligent driver’s employer and could not be held vicariously liable on that basis. Montgomery opens a different door: the broker’s own negligence in choosing an unsafe carrier, a theory that does not require proving the broker employed or controlled anyone.
What Did the Supreme Court Decide in Montgomery v. Caribe Transport?
On May 14, 2026, a unanimous U.S. Supreme Court held that federal law does not shield freight brokers from state-law claims that they negligently hired an unsafe trucking company. The case arose from a 2017 Illinois crash. A truck coordinated by the freight broker C.H. Robinson struck Shawn Montgomery, causing injuries that cost him a leg. Montgomery argued the broker never should have hired the carrier. For years, brokers defeated claims like his using the Federal Aviation Administration Authorization Act (FAAAA), which preempts state laws related to a broker’s “price, route, or service.” 49 U.S.C. § 14501(c)(1). But that statute contains a “safety exception” preserving each state’s authority over safety “with respect to motor vehicles.” § 14501(c)(2)(A). Writing for the Court, Justice Barrett held that a claim a broker negligently selected an unsafe carrier falls squarely within that safety exception, so it is not preempted.
One limit deserves emphasis. Montgomery did not make brokers automatically liable for truck crashes. A concurrence by Justice Kavanaugh, joined by Justice Alito, stressed that a broker who acts reasonably and hires a reputable carrier should still be able to defend these suits. What changed is procedural: the federal shortcut that got these cases dismissed before the facts were heard is gone. The claim now rises or falls on what the broker knew and did to vet the motor carriers they choose to move the freight.
Why Does Montgomery Matter for North Dakota Truck Accident Victims?
It matters because it can add an additional, insured at-fault defendant to your case. Before Montgomery, the federal courts of appeals were split, and the Eighth Circuit (which covers North Dakota) had never squarely decided whether these claims survived. Montgomery is a U.S. Supreme Court ruling, so it settles the question nationwide, including in every North Dakota state and federal court.
Here is why that changes real outcomes. Trucking companies are sometimes underinsured, judgment-proof, or out of business by the time a case resolves. A national freight broker often carries far deeper insurance or is financially able to cover the loss. Being able to name the broker can be the difference between a judgment on paper and compensation a family can actually collect.
Be clear-eyed about how North Dakota apportions responsibility, though. North Dakota follows a modified comparative fault system in which liability is generally several, not joint. N.D.C.C. § 32-03.2-02. Each defendant ordinarily pays only its own percentage of fault, not the entire verdict. Naming the broker does not automatically make it responsible for paying your entire loss. What it does is let you collect the broker’s fair share from a real insurance policy. That’s often the practical way to recover more of what you’re owed when the trucking company itself can’t pay.
How Do You Prove a Freight Broker or Shipper Was Negligent?
You show the broker knew, or should have known, that the trucking company it hired posed an unreasonable safety risk, and hired it anyway. The duty is one of reasonable care in selecting a carrier, drawn from the Restatement (Second) of Torts § 411 (negligent selection of an independent contractor).
Much of the proof is public. The Federal Motor Carrier Safety Administration publishes carrier safety data through its SAFER system and its Safety Measurement System, including safety ratings, out-of-service rates, inspection and crash history, and CSA “BASIC” category scores. A broker that booked a load with a carrier already showing a pattern of red flags has a serious problem. The rest of the proof sits in the broker’s own files, its vetting records, what safety data it pulled, and what it did when warning signs appeared. Those internal records must be preserved early, before they are routinely deleted.
Frankness matters here too. Not every broker that hired a carrier later involved in a crash is liable. Under Montgomery and the Kavanaugh concurrence, a broker that ran a reasonable, documented vetting process and selected a carrier with a clean safety record has a strong defense. The claims that succeed are the ones where the bad safety data was there to see, or where the broker failed to vet a dangerous carrier altogether.
Talk to a North Dakota Truck Accident Attorney
If you or a family member was hurt or killed in a crash with a commercial truck, more than one company may be responsible, and the evidence that proves it starts disappearing immediately. Our personal injury team at SW&L Attorneys understands, knows, and handles all trucking and commercial motor vehicle accidents. To get in touch with our team, call (701)297-2890, or email info@swlattorneys.com.
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