By Harden Crichton, P.C. |Philadelphia and Delaware County Truck Accident Lawyers

When a tractor-trailer causes a crash on I-95 or the Blue Route, the truck driver is rarely the only party responsible. Behind almost every load is a freight broker, the company that matched the shipment with a trucking company and often chose a carrier the public never sees. For years, freight broker liability was a dead end, because brokers insisted they could not be sued when the carriers they hired hurt someone. That argument just collapsed.
In May 2026, the United States Supreme Court ruled that freight brokers can be sued for negligent hiring when they put unsafe truckers on the road. This is no longer a theory that gets thrown out before a case even begins. For families across Philadelphia, Delaware County, and Montgomery County who are living with the aftermath of a serious truck crash, the decision changes who can be held responsible and, just as importantly, who can actually pay.
If you were injured or lost a loved one in a commercial truck crash, you likely have more questions than answers right now. Harden Crichton, P.C. helps injured people and grieving families understand their rights and pursue every party who contributed to the harm. To talk through what this ruling means for your case, call 215-798-7341 or send a message through the online contact form to request a free consultation.
Freight Broker Liability In Pennsylvania: What Did The Supreme Court Actually Decide?
The case was Montgomery v. Caribe Transport II, LLC, and the Court decided on May 14, 2026. The vote was unanimous. Every justice agreed on the result, which is rare and tells you how clear the legal question turned out to be.
The facts were tragic and familiar. A man named Shawn Montgomery was stopped in a disabled vehicle on an interstate when a tractor-trailer veered off the road and rear-ended him. The crash was so severe that he lost a leg. The freight broker had arranged the shipment and selected the motor carrier whose driver caused the wreck.
For years, brokers defeated cases like this using a federal law from 1994 known as the Federal Aviation Administration Authorization Act, or FAAAA. That law blocks states from enforcing rules "related to a price, route, or service" of a carrier or broker. Brokers argued that a negligent hiring lawsuit was exactly that kind of state rule, so it had to be dismissed. Courts around the country split on whether that argument worked.
The Supreme Court closed the door on it. Justice Amy Coney Barrett, writing for the Court, explained that the same federal law contains a safety exception. States keep their authority to protect the public from dangerous vehicles, and ordinary negligence rules are part of that safety authority. In plain terms, a state can let injured people hold a broker accountable for carelessly choosing an unsafe trucking company, and federal law does not stand in the way.
Suing A Freight Broker: Why Does This Ruling Matter For Your Truck Accident Claim?

Most people have never heard of a freight broker, so it helps to understand the role. A broker does not own trucks or employ drivers. It sits in the middle, taking a shipper’s freight and hiring a trucking company to haul it. That middle position gives the broker real power, because the broker often decides which carrier gets the job.
Here is why that matters after a crash. A single trucking company may carry only the minimum insurance the law requires, and a catastrophic injury can blow past those limits in a matter of days. When the carrier’s coverage runs out, an injured family can be left with medical bills no one will pay. Naming the broker can change that picture, because larger brokers frequently carry far more coverage than the small carriers they hire.
That is the practical heart of this decision. It is not about paperwork. It is about whether a family facing a lifetime of care has a real path to full recovery, or whether the responsible companies get to hide behind the smallest insurance policy in the chain.
Troy Crichton, a co-founder of Harden Crichton, P.C., has built much of his career on exactly these high-stakes trucking cases. He secured a $16 million recovery in a commercial trucking crash on I-476 in Carbon County, and he is known for preparing every case as if it will be tried to a jury. Cases involving freight brokers reward that kind of preparation, because the evidence that proves a broker’s carelessness rarely appears on its own.
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Negligent Hiring Of Trucking Companies: How Is A Broker Supposed To Vet A Carrier?
A negligent hiring claim asks a simple question. Did the broker use reasonable care when it chose the trucking company, or did it ignore warning signs that the carrier was dangerous?
Brokers have more information than the average person realizes. Federal regulators publish safety data on motor carriers, including crash histories, inspection results, and out-of-service rates. A broker that skips this homework, or hires a carrier it knows has a troubling record, may be responsible when that carrier hurts someone.
Common warning signs a careful broker should catch include the following:
- Poor safety scores: Federal databases flag carriers with high crash and violation rates
- Out-of-service history: Inspectors pull unsafe trucks and drivers off the road for a reason
- Lapsed insurance: A carrier without required coverage signals deeper problems
- Missing federal authority: A carrier hauling without proper authority is a serious red flag
- Repeat violations: A pattern of maintenance or hours-of-service problems points to real danger
None of these facts are secret. They are the kind of information a reasonable broker reviews before trusting a company with an 80,000-pound truck. When a broker looks the other way and a preventable crash follows, the law now allows a jury to weigh that choice. Building that proof takes fast and thorough work, which is why the steps you take after a crash matter so much.
Truck Accident Claims In Delaware County: What Should You Do After A Serious Crash?
The hours and days after a truck crash shape everything that follows. Trucking companies and brokers often begin investigating within hours, and important evidence can disappear if no one acts to protect it.
If you are able, or if a family member can help, these steps can make a real difference:
- Get medical care: Your health comes first, and records also document your injuries
- Report the crash: A police report creates an official account of what happened
- Save everything: Keep photos, names, trucking details, and any load paperwork
- Avoid quick statements: Insurers may call early, and their goal is to limit payment
- Call a lawyer promptly: Counsel can demand that companies preserve records before they vanish
Time also matters for legal reasons. In Pennsylvania, injured people generally have two years from the date of the crash to file a lawsuit, and wrongful death claims follow the same clock. Waiting can cost you evidence and, in some cases, the right to recover at all. A short conversation early on can protect your options while you focus on healing.
Similar Post: Wrongful Death Lawsuits: When Negligence Turns A Preventable Tragedy Into A Legal Reckoning
Pennsylvania Truck Accident Law: How Does Negligence Apply To A Freight Broker?
Pennsylvania negligence law is built on a familiar idea. A person or company that owes a duty of reasonable care, and breaks it, can be responsible for the harm that follows. The Supreme Court’s decision confirms that this ordinary rule can reach freight brokers, not only drivers and trucking companies.
In a truck crash case, more than one party may share the blame. The driver may have been fatigued or speeding. The trucking company may have cut corners on maintenance or training. And now the broker may be on the hook if it carelessly hired a carrier it should have avoided. Pennsylvania law allows an injured person to pursue each responsible party, which can be the difference between partial and full recovery.
It is worth noting what the Court did not do. It did not rule that every broker is automatically liable in every crash. Two justices pointed out that a broker who carefully chooses a reputable carrier should be able to defend itself. The ruling opens the courthouse door. Whether a specific broker was careless still depends on the facts, which is why a careful investigation matters in every case.

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215-798-7341Truck Crashes Across The Philadelphia Region: Which Roads Carry The Greatest Risk?
Commercial trucks are a constant presence on the highways that connect our communities. I-95, the Schuylkill Expressway, the Blue Route, and Route 1 all carry heavy freight traffic through and around Philadelphia every day. A single serious crash on any of these corridors can change a family’s life in an instant.
Harden Crichton, P.C. represents injured people and families across Philadelphia, Delaware County, and Montgomery County, including neighbors in Upper Darby, Media, Chester, and Darby. Truck cases in this region often involve loads that were brokered far from the crash site, which is exactly why the new freight broker rule reaches local claims. Understanding who arranged the shipment, and how carefully they did it, is now a central part of these cases.
Freight Broker Liability FAQ: What Do Truck Crash Victims Ask Most?
Can you sue a freight broker for a truck accident?
Yes. After the Supreme Court’s 2026 decision in Montgomery v. Caribe Transport II, injured people can bring negligent hiring claims against freight brokers under state law. Whether a specific broker is liable still depends on the facts of the case.
Who is liable in a truck accident?
More than one party can be responsible. Depending on the crash, the driver, the trucking company, and the freight broker may all share liability. A thorough investigation identifies each party who contributed to the harm.
What is negligent hiring by a freight broker?
It means the broker failed to use reasonable care when choosing a trucking company, such as ignoring available safety data. If that careless choice leads to a crash, the broker may be responsible for the injuries.
How long do I have to file a truck accident claim in Pennsylvania?
Injured people generally have two years from the date of the crash. Because evidence can disappear quickly, it is wise to speak with a truck accident lawyer well before that deadline.
Do I need a lawyer for a freight broker claim?
These cases involve records and federal safety data that are not easy to gather alone. A truck accident lawyer can move quickly to preserve evidence and pursue every responsible party.
Philadelphia Truck Accident Lawyers: How Can Harden Crichton, P.C. Help After A Truck Crash?
The Supreme Court’s ruling gives injured families a stronger position than they have had in years. Freight brokers can no longer treat themselves as untouchable when the carriers they hire cause harm. Still, holding a broker accountable takes a firm willing to dig into the evidence and prepare the case for trial.
Harden Crichton, P.C. represents injured people and grieving families throughout Philadelphia, Delaware County, Chester County, Bucks County, and Montgomery County, and the firm has recovered more than $100 million for its clients. If a commercial truck crash has turned your life upside down, you do not have to sort out the freight broker rules on your own. Call 215-798-7341 or reach out through the online contact form to request a free consultation and learn how this decision may affect your case.
Disclaimer: This blog is provided for general informational purposes only and does not constitute legal advice. Reading it does not create an attorney-client relationship. Every case turns on its own facts, so for guidance specific to your situation, please contact our team directly.
