On May 14, 2026, the U.S. Supreme Court issued a unanimous decision in Montgomery v. Caribe Transport II, LLC that is already changing how brokers choose carriers. [Broker Lia...urt Ruling | PDF]
The ruling allows brokers to be sued under state negligence laws for hiring unsafe carriers — meaning their carrier selection decisions will now face much greater scrutiny.
What This Means for Your Fleet
While this ruling directly impacts brokers, the ripple effect lands squarely on motor carriers.
Going forward, brokers will need to demonstrate they exercised "ordinary care” when selecting carriers — and that means taking a much closer look at your safety profile.
At a minimum, brokers are expected to evaluate:
Out-of-service rates
Crash history
Safety ratings (Satisfactory, Conditional, Unsatisfactory)
CSA scores
Authority age
Patterns of non-compliance (driver qualifications, Hours of Service, etc.)
This information will likely play a central role in both load selection and litigation if a claim occurs.
Why This Matters More Than Ever
In the past, some brokers may have prioritized price or availability over safety. That is quickly changing.
With increased liability exposure:
Brokers will become more selective
High-risk carriers may be avoided altogether
Safety-focused carriers will stand out
In other words, your safety record is becoming a competitive advantage — not just a compliance requirement.
What Strong Carriers Should Expect
This shift may create real upside for well-run fleets:
More load opportunities with brokers prioritizing safer carriers
Potential for improved rates as higher-risk capacity is reduced
Stronger, longer-term broker relationships built on trust and consistency
At the same time, carriers with poor safety performance may find it harder to secure freight in this environment.
Risk Advisor Perspective
From a risk and insurance standpoint, this is one of the clearest signals we’ve seen that safety performance is directly tied to revenue opportunity.
For fleets, I’m encouraging a few key focus areas:
Treat your safety data like a sales tool
Brokers are reviewing your scores before offering loads — your CSA, inspection history, and compliance trends are part of your first impression.Double down on consistency
Brokers aren’t looking at snapshots — they’re evaluating patterns over time.Be proactive with your story
If you’ve invested in safety, driver training, or compliance improvements, make sure that story is being communicated — not just assumed.Align safety and operations
The fleets that win in this environment will be the ones where operations, safety, and leadership are all working toward the same standard.
At a high level, this ruling is accelerating a shift that was already happening — the market is rewarding well-run, safety-focused fleets and pushing higher-risk operations out of the spotlight.
Bottom Line
This ruling doesn’t just increase pressure on brokers — it raises the bar for carriers as well.
But for fleets that prioritize safety, compliance, and consistency, this is a meaningful opportunity to:
Strengthen broker relationships
Differentiate from competitors
Win more of the right freight
A Final Thought for Fleet Owners
This is also a good time to step back and evaluate your current risk and insurance strategy.
As the industry shifts toward greater accountability and scrutiny around safety data, your insurance program should be doing more than just checking a box — it should be actively helping you position your fleet for opportunities like this.
Ask yourself:
Does my current advisor help me understand how my safety profile impacts my ability to win freight?
Am I getting proactive insight on how brokers are evaluating carriers today?
Has anyone helped me connect my safety data to real business outcomes?
Is the service and guidance I’m receiving aligned with the premium dollars I’m investing into my program?
If you have to stop and think about those answers, you’re not alone — and it might be worth exploring what a more proactive, strategic partnership could look like.
Closing
The reality is, this ruling is another signal that the industry is continuing to evolve — and the gap between well-run fleets and the rest of the market is going to become more visible. The fleets that understand how to leverage their safety profile, tell their story, and align their risk strategy with business outcomes are the ones that will be best positioned moving forward. If you have questions about what this means for your operation or want to walk through how your current program stacks up, I’m always happy to have that conversation.
Zach Kuder, TRS
Office: 417-830-0466
Direct: 417-397-4670
Fax: 417-374-0287
Email: Zach@roarkandsutton.com
DISCLAIMER: This message is for informational purposes only and does not constitute an offer to bind insurance coverage. No coverage is bound or amended unless confirmed in writing by an authorized representative of our agency. All coverage is subject to the terms, conditions, and exclusions of the applicable policy.
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