Freight brokers face new vetting burden after Montgomery ruling removes liability shield

A unanimous May 14, 2026, ruling in Montgomery v. Caribe Transport allows freight brokers to be sued for negligent carrier selection, raising litigation risk across the brokerage, shipper and 3PL sectors. The decision weakens reliance on FAAAA preemption and makes carrier selection records, safety data and vetting procedures potential evidence in crash lawsuits. The ruling is expected to accelerate procurement of carrier intelligence platforms that document due diligence at scale. Tools cited in the sector include Tea Technologies for risk scoring, SearchCarriers for FMCSA data aggregation and ownership mapping, Bluewire for litigation-risk benchmarking, Highway for identity and insurance verification, and GenLogs for physical truck verification through roadside sensors. Industry participants are being pushed to adopt written vetting policies, apply them consistently and retain timestamped records showing authority status, safety performance, insurance filings and red-flag reviews. Without documented processes, brokers could face higher exposure in post-Montgomery negligent-hiring claims expected in the coming weeks.