When a commercial truck causes a crash, most people assume the trucking company or its driver is the only party responsible. But in many cases, another player helped put that truck on the road: the freight broker. Freight brokers connect shippers who need cargo moved with carriers who move it. If a broker chose a dangerous, unqualified carrier and that carrier caused your crash, you may have a claim against the broker as well.
This article provides general legal information about Illinois and federal law; consult a licensed Illinois attorney for advice specific to your situation.
What Is a Freight Broker and How Are They Involved in Truck Accidents?
A freight broker is a licensed intermediary — regulated under 49 CFR Part 371 — who arranges transportation of cargo between shippers and motor carriers. The broker does not own the trucks and typically does not employ the drivers. Instead, the broker earns a fee by matching loads with available carriers and coordinating the logistics.
Because brokers control which carriers get hired, they can directly influence road safety. A broker that selects carriers with poor safety records, suspended operating authority, or inadequate insurance puts the public at risk every time one of those trucks rolls onto a highway. Federal regulations under 49 CFR Part 371 require brokers to verify carrier safety before dispatching loads, but enforcement has historically been uneven.
The Legal Barrier That Protected Brokers — Until 2026
For years, freight brokers used a federal preemption argument to defeat personal injury lawsuits. They pointed to the Federal Aviation Administration Authorization Act of 1994 (FAAAA), codified at 49 U.S.C. § 14501(c), which prohibits states from enforcing laws “related to a price, route, or service of any . . . broker.” Courts were divided: some ruled that state-law negligent hiring and negligent entrustment claims against brokers were preempted by the FAAAA; others disagreed. That split allowed some brokers to escape liability entirely based on where the crash happened rather than what they actually did wrong.
The 2026 Supreme Court Ruling: Montgomery v. Caribe Transport II LLC
In 2026, the United States Supreme Court resolved the circuit split unanimously in Montgomery v. Caribe Transport II LLC. The Court held that state-law negligent selection and negligent entrustment claims against freight brokers are not preempted by the FAAAA. In plain terms, the ruling means that a crash victim can sue a freight broker in state court for negligently choosing an unsafe carrier — and the broker cannot use the federal preemption defense to have the case dismissed before trial.
The decision was significant for several reasons. First, it was unanimous, which signals that the Court viewed the prior pro-broker rulings as clearly wrong. Second, it treated negligent selection claims as general safety laws of broad applicability rather than laws specifically targeting broker “services” — meaning they fall outside the FAAAA’s preemption scope. Third, the ruling applies nationwide, so victims in Illinois now have the same right to pursue a broker as victims in states whose courts had already rejected preemption.
What Brokers Are Required to Do — and What They Often Skip
Under 49 CFR Part 371, licensed freight brokers must keep records of the carriers they use, including their operating authority and insurance documentation. The FMCSA’s SAFER system (publicly searchable at safer.fmcsa.dot.gov) allows any broker — and any member of the public — to look up a carrier’s safety rating, inspection history, crash data, and whether operating authority is active or has been revoked.
A broker that dispatches loads to a carrier with a conditional or unsatisfactory safety rating, a history of hours-of-service violations, or lapsed insurance has arguably ignored readily available warning signs. That kind of deliberate or careless selection is exactly what the negligent entrustment theory addresses. After Montgomery, brokers can no longer rely on FAAAA preemption to avoid answering for those choices in court.
Understanding who is liable in a truck accident is often more complex than it appears at first glance. Liability can extend beyond the driver and the trucking company to brokers, shippers, loaders, and maintenance contractors — each of whom may carry separate insurance coverage.
Building a Freight Broker Liability Claim in Illinois
A successful negligent selection claim against a freight broker generally requires showing four things: (1) the broker owed a duty of care in selecting carriers, (2) the broker breached that duty by choosing an unsafe carrier without adequate vetting, (3) the unsafe carrier caused the crash, and (4) the crash caused your injuries and losses. Evidence that supports these elements includes the broker’s internal vetting records, the carrier’s FMCSA safety rating at the time of dispatch, prior crash history accessible through SAFER, and the broker-carrier contract itself.
Illinois courts apply a negligence standard that asks what a reasonably careful broker would have done. A broker that took no steps to check a carrier’s safety record before sending them out with a 40-ton load of cargo has a difficult argument that it acted reasonably.
Why the Broker’s Identity Matters Quickly After a Crash
Freight brokers are not always prominently identified at a crash scene. The truck may carry the carrier’s name, not the broker’s. Identifying broker involvement typically requires reviewing the bill of lading, the carrier’s dispatch records, and load confirmation paperwork — documents that must be preserved as soon as possible after a crash. Electronic records in dispatch systems can be overwritten or deleted. Acting quickly to send a preservation letter is essential.
Illinois’s two-year statute of limitations for personal injury claims (735 ILCS 5/13-202) applies, but waiting even weeks can allow critical records to disappear. Brokers are not required to retain dispatch and vetting records indefinitely, and carriers involved in crashes have an obvious incentive to lose paperwork that shows who hired them and why.
Talk to a Chicago Truck Accident Lawyer — Free Consultation
Freight broker liability is a complex and rapidly evolving area of law. The 2026 Supreme Court ruling in Montgomery v. Caribe Transport II LLC opened the courthouse door for many victims who previously had no viable claim against the broker who put a dangerous carrier on the road. If you or a family member was hurt in a truck crash in Illinois, an attorney can investigate whether a freight broker contributed to the conditions that caused the crash.
Phillips Law Offices offers free consultations for truck accident victims in the Chicago area. Call (312) 346-4262 or visit our free consultation page to speak with a truck accident attorney about your situation.
This article has been prepared for general informational purposes and is subject to attorney review. It does not constitute legal advice and does not create an attorney-client relationship.
