(The views expressed here are solely those of the author and do not necessarily represent the views of FreightWaves or its affiliates.)
The Supreme Court's Montgomery decision changed the litigation landscape for the trucking industry. Although the case addressed a negligent selection claim against a freight broker, plaintiffs will not limit their investigations to the broker's carrier qualification file. They will examine the full chain of decisions that placed a particular truck and driver on the road.
That means reviewing the shipper's conduct as well. Plaintiffs will ask who selected the broker, what the shipper required of the broker's carrier selection process, which carrier was approved, which truck arrived, what facility personnel observed, and why the freight was released.
Montgomery did not create a new cause of action against shippers. It did, however, reinforce that transportation safety decisions may be tested under state negligence law. Shippers should expect increased scrutiny when their own conduct contributed to an unsafe transportation arrangement.
The broker may select and approve the motor carrier, but the shipper controls the freight at pickup. The shipper can see the truck, verify the carrier information, confirm the driver, review the paperwork, and decide whether the goods will be released. The shipper is not expected to repeat the broker's entire carrier vetting process. Its responsibility is more focused: confirm that the carrier, driver, and equipment arriving at the facility match the transportation **** ignment.

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