hirty people died in 17 semi-truck crashes caused by noncitizen commercial truck drivers in 2025, according to the Department of Transportation. That number is almost certainly an undercount. Prior to 2025, the immigration status of a commercial truck driver was mostly not recorded in crash reports, court filings, or news coverage. The national conversation focuses on the truck driver at fault for the latest accident, but rarely goes deeper. Why was this truck driver on the highways? What trucking company hired him? How are operations like this still in business?
Somewhere between receiving a package from the distribution center to your doorstep, there is a strong possibility that a freight broker was involved. Freight brokers exist to manage freight and risk for shippers, and to hire motor carriers (trucking companies) to haul that freight. They collect the margin between what the shipper pays them and what they pay the trucking company.
Until a Supreme Court ruling earlier this month, it was not considered the freight broker’s problem whether the trucking company it hired had a history of terrible safety violations, employed properly trained drivers, or safely maintained its trucks. Brokers had little reason not to hire cheaper, non-compliant trucking companies over compliant ones.
On May 14, the Supreme Court handed down a unanimous decision in Montgomery v. Caribe Transport II, LLC, and found that freight brokers can be held legally responsible for negligently hiring unsafe trucking companies.
Before the ruling, a freight broker’s liability depended on which state the crash occurred in. Negligent hiring claims against freight brokers have proceeded for years in the Sixth and Ninth Circuits, but not in the Seventh (Illinois, Indiana, and Wisconsin) and Eleventh (Alabama, Florida, and Georgia) Circuits, as freight brokers claimed preemption by the Federal Aviation Administration Authorization Act of 1994. This left semi-truck crash victims in different parts of the country with fundamentally different legal options against the same class of defendant.
When a freight broker hired a trucking company, and that company’s truck driver caused a wreck that killed someone, the broker often walked away. The trucking company absorbed the liability, the family absorbed the loss, and when the verdict exceeded the carrier’s $750,000 minimum insurance coverage (a federal floor set in 1980 and never adjusted for inflation), the family absorbed that too. The middleman who chose the trucking company and profited from the load often faced no legal consequence.