Supreme Court Allows Lawsuit Against Freight Broker in Truck Crash Case
The Supreme Court ruled unanimously Thursday that a man maimed in a tractor-trailer crash could sue the broker who arranged the load. Highway safety advocates hailed the decision as a major win amid record deaths and injuries in collisions with unsafe trucks.
A CBS News investigation last month exposed the widespread scope and deadly consequences of surging demand for overland shipping. Online shopping has fueled that demand and strained America's trucking fleet.
The high court rejected trucking industry arguments that holding big logistics companies responsible for screening haulers' safety backgrounds would be unfair and burdensome.
The unanimous decision allows Shawn Montgomery to continue his lawsuit against C.H. Robinson, the country's largest freight broker. Montgomery lost part of his leg in 2017 when a speeding truck driver slammed into his parked vehicle in Illinois. He claims C.H. Robinson should have known about the trucking firm's questionable safety record after contracting the load to it.
The broker, the Trump administration and other trucking interests argued that such lawsuits would expose them to liability under a mix of state laws. They said safety screening is the federal government's job, as it licenses haulers.
Michael Leizerman, an attorney for Montgomery and other crash victims, said the ruling could force brokers to screen out dangerous drivers. "They don't end up behind the wheel of an 80,000-pound vehicle unless someone hires them to do so," Leizerman said. "And many times that's the large brokers like C.H. Robinson."
The CBS News investigation showed thousands of trucking companies evading federal oversight by operating under new names. Dozens of such companies hauled loads brokered by C.H. Robinson, some linked to severe crashes.
One case: the 2022 Christmas Eve crash in Ohio that killed four members of a single family. BLF Truck Transportation operated the truck. The company had previously run under three other names, each flagged by regulators for safety issues.
Alexander Delgado, BLF's operator, testified in a deposition obtained by CBS News that a C.H. Robinson representative coached him to "open up another" trucking company after his prior one faced a government shutdown for safety problems.
C.H. Robinson said in a statement that BLF deceived it by double brokering a load, a violation of federal law and its carrier agreements. The company said Delgado's allegation comes from a carrier owner whose credibility is in question.
CBS News' analysis of millions of Department of Transportation records found the government approved at least 10,000 reconstituted "chameleon carriers" since 2021. These operators often reuse officers, facilities or equipment from defunct companies with serious safety records.
The data showed these carriers pose a profound danger; they are four times more likely to be involved in severe crashes than others. Over the last five years, at least 141 people have died and 1,800 injured in crashes involving them.
Federal regulators have missed red flags despite promises of crackdowns. The CBS News investigation identified over 30,000 carriers using fake or undeliverable addresses like "NOMORE, GONE, GA." Trucking firms surged 31% since 2015, but the Federal Motor Carrier Safety Administration workforce dropped 10%.
A Minnesota-based C.H. Robinson had won dismissal of Montgomery's suit, affirmed by a Chicago appeals court. He appealed to the Supreme Court.
Justice Amy Coney Barrett wrote that federal transportation law exemptions cited by the broker include one for motor vehicle safety cases. "Requiring C.H. Robinson to exercise ordinary care in selecting a carrier therefore concerns motor vehicles — most obviously, the trucks that will transport the goods. So Montgomery's negligent-hiring claim falls within the (law)'s safety exception," she wrote.
C.H. Robinson faces similar lawsuits over other brokered loads, including two in the CBS News investigation.
Dorothy Capers, the company's chief legal officer, said in a statement, "Our hearts continue to go out to the victims of truck accidents. Safety is foundational to who we are — our employees and their families travel these same roads, and our business depends on safe freight delivery." Capers added that while disappointed, the company will operate responsibly, support federal enforcement and work with regulators, carriers and customers to strengthen safety.
What's Your Reaction?
Like
0
Dislike
0
Love
0
Funny
1
Wow
0
Sad
0
Angry
0
Comments (0)