TIA Statement on Montgomery v. Caribe Supreme Court Ruling

We are deeply disappointed with the decision as the law and legal precedent for decades has given the federal government, not states, the responsibility for setting safety standards for motor carriers. To date, carriers, not brokers, have been responsible for complying with these standards.

While brokers are fully committed to safety and to working with federally licensed motor carriers in good standing, the decision imposes an impossible task on brokers — effectively asking them to evaluate the safety of a given motor carrier despite having been deemed safe to operate on public roads by the federal government.  This is like asking travel agents to evaluate the safety of a given airline despite the fact that the airline has been licensed to fly by the federal government.  Moreover, since brokers do not employ motor carrier drivers directly, they do not have access to the records and data required to perform the safety functions that plaintiff lawyers contend they must. We are working with our members to assess potential next steps to mitigate the consequences of the Supreme Court’s decision.

In the meantime, our members will continue to vigorously defend against negligent selection claims as plaintiffs still must meet applicable legal standards, such as proving causation and proving that individual brokers did not meet a supposed standard of care in each case.

Read the full ruling here: https://www.scotusblog.com/cases/montgomery-v-caribe-transport-ii-llc/