Freight brokers face rising carrier-vetting standard after Montgomery decision

The freight brokerage industry is moving toward a more measurable standard of care for carrier selection after the Supreme Court’s Montgomery decision, increasing scrutiny from courts, insurers and plaintiffs over how brokers assess safety risk before tendering loads. The emerging benchmark extends beyond confirming Federal Motor Carrier Safety Administration authority and insurance. Brokers are increasingly expected to review publicly available safety data, including inspection history, crash indicators, out-of-service rates, unsafe driving metrics, insurance status and fraud-risk signals. Industry practices are also shifting toward documented procedures, continuous monitoring, escalation protocols and defensible decision-making. The article argues that brokers relying only on FMCSA authority may face greater exposure in negligent selection litigation, as many competitors already use safety analytics and third-party risk platforms. Insurers are also factoring vetting controls into underwriting and claims assessments.