How a U.S. Supreme Court Case Could Bring More Justice for Catastrophic Truck Crashes
The U.S. Supreme Court recently heard oral arguments in one of the most important transportation law cases it has considered in years, and the decision it will hand down in the coming months will affect how victims of truck crashes obtain justice and compensation.
In Montgomery v. Caribe Transport II, the high court is considering whether U.S. law prevents victims of truck crashes from bringing a claim in state court against freight brokers for negligently hiring the trucking company involved in the crash. These brokers act as intermediaries between businesses with goods to move and trucking companies, and they have multiplied since Congress deregulated the trucking industry in the 1980s and 1990s. The brokers do not own trucks, but they hire trucking companies and negotiate rates on behalf of their clients.
The issue before the high court is all about accountability, the kind of accountability that Munley Law has obtained over decades as a top firm representing victims of truck crashes. In one case, Munley Law obtained a $4 million settlement against a truck broker and shipper that selected a negligent trucking company.
Munley Law is the only firm in Pennsylvania with three truck accident attorneys who are board certified from the National Board of Trial Advocacy. Our headquarters in Scranton positions us well to respond and investigate truck crashes along the many interstate highways that cross Pennsylvania, including I-80, which ranked high in our recent survey of the most dangerous interstates for trucking in the United States, with 83 fatal truck accidents in 2023.
What Issues Came Up Before the Supreme Court?
When a freight broker hires a trucking company with a poor safety record and a history of red flags, and that company’s truck causes a catastrophic crash, victims want to name the freight broker as a defendant.
But in some parts of the United States, courts have ruled that a 1994 act of Congress preempts (or blocks) state laws “related to a price, route, or service” set by freight brokers (reserving that right for Congress itself), and that this preemption applies to victims bringing legal claims for personal injuries in state court against brokers.
In other parts of the country, courts have ruled the other way, and the split decisions have opened the door for the Supreme Court to decide whether brokers can be sued in state court by crash victims.
The case before the Supreme Court stemmed from a 2017 truck accident in Illinois, where truck driver Shawn Montgomery was stopped on the side of the road and was severely injured when his vehicle was hit by another trucker, Yosniel Varela-Mojena, who was driving for motor carrier Caribe Transport II. Montgomery sued Caribe Transport II and C.H. Robinson, a major freight brokerage company that arranged for the shipment that Varela-Mojena’s truck was carrying.
In oral arguments on March 4, 2026, the Supreme Court heard from attorney Paul Clement representing Montgomery, from attorney Theodore J. Boutros Jr., who is representing C.H. Robinson, and from Sopan Joshi, an assistant to the U.S. solicitor general for the Trump administration, who argued as a “friend of the court” on behalf of the freight brokerage companies.
Boutros and Joshi argued that, under federal law, freight brokerage companies are not obligated to verify the safety of trucking companies when they arrange a shipment, except to ensure that any company they hire is federally licensed. It’s the responsibility of the Federal Motor Carrier Safety Administration, they said, to make sure trucking firms are safe.
Some of the Justices seemed concerned that the federal government is not providing adequate oversight to ensure that trucking companies are putting safe drivers behind the wheels of safe trucks, and some troubling statistics emerged.
“One really important number that’s practical,” said Clement, “is that 94 percent of the registered carriers out there on the roads haven’t had any meaningful federal safety inspection.”
Joshi acknowledged that FMCA is “understaffed” and “can’t possibly review the 700,000 federally registered carriers.” But he said the agency is doing some oversight.
“Of the 700,000 federally registered carriers, the agency has been able to do at least one roadside inspection for two-thirds of those carriers in the last five years. So there is some oversight, not nearly enough,” he said.
Justice Sonia Sotomayor noted that no federal law prevents states from requiring truck drivers to wear seatbelts.
“So what’s incompatible with federal law with respect to safety to say you shouldn’t operate this if you’re a careless, negligent driver?” Sotomayor said, in questioning Boutros, the attorney for C.H. Robinson.
Boutros responded, “The states can say that. What they can’t say is that a broker can be held liable.”
“Why not?” Sotomayor said. “Because the broker is the one putting the driver in the seat.”
The Problem of Chameleon Carriers
Another issue that came up at oral arguments is one that has long challenged victims of truck crashes: the problem of chameleon carriers. A chameleon carrier is a trucking company that pretends to go out of business to avoid lawsuits, fines, or criminal charges when one of its trucks is involved in a collision, then quickly reopens with a new name and a new USDOT number.
“The situations where there should be liability,” Clement said, “is when the broker knows, or should know, that it’s a chameleon carrier. If they’ve just been dealing with this carrier as, you know, Joe’s Trucking run by Joe Smith, and then all of a sudden Joe Smith shows up, and this time it’s Smith Trucking … the broker’s going to know.”
It’s now up to the Supreme Court to take up all these issues in a case involving broker liability, federal preemption, and chameleon carriers. The high court’s decision is expected by the end of June.
A Lawyer at Munley Law About Freight Broker Liability Truck Accident Claims
Car crashes involving freight brokers present unique challenges that require an investigation of federal records, contracts, and safety histories.
If you believe a broker may share responsibility, speak with a lawyer who handles complex trucking litigation. Munley Law has decades of experience representing truck crash victims to identify all parties with potential liability in a crash, including chameleon carriers.
Munley Law offers free consultations and works on a contingency fee basis. There is no fee unless we recover compensation for you.
Contact us today, we are available 24/7.
Marion Munley
Marion Munley has been practicing personal injury law for nearly 40 years. She is triple board-certified by the National Board of Trial Advocacy for Truck Accident Law, Civil Trial Law, and Civil Practice Advocacy. She currently serves as Vice President of the American Association for Justice, an organization dedicated to safeguarding victims’ rights. Marion has won many multimillion-dollar recoveries for her clients, including one of the largest trucking accident settlements in history. She has been named a Top 10 Super Lawyer in Pennsylvania since 2023, a Best Lawyer in America, and was recently inducted to the Lawdragon Hall of Fame.
Posted in Truck Accidents.








