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Broker Resources

Everything a freight broker needs — FMCSA tools, compliance references, legal background, BASIC score thresholds, and regulatory contacts. Bookmark this page.

FMCSA Data & Lookup Tools

Free government databases every broker should know. These are the same data sources DOTScreener pulls from automatically.

SMS BASIC Scores — Quick Reference

The 7 Behavior Analysis and Safety Improvement Categories (BASICs) that FMCSA uses to evaluate carrier safety. Higher percentile = worse.

BASIC CategoryAlert ThresholdWhat It Measures
Unsafe Driving65thSpeeding, reckless driving, seatbelt, phone use
Hours-of-Service65thLogbook violations, driving beyond limits, ELD issues
Driver Fitness80thLicensing, medical certificates, qualifications
Controlled Substances80thDrug/alcohol test failures, possession, impairment
Vehicle Maintenance80thBrakes, lights, cargo securement, defective equipment
HM Compliance80thHazmat placarding, leaks, permits (HM carriers only)
Crash Indicator65thDOT-reportable crashes regardless of fault

Note: The FAST Act of 2015 removed percentile rankings from public view for property carriers, but the underlying violation/inspection data and alert/threshold status remain available through the FMCSA QCMobile API and SMS website.

Key Thresholds & National Averages

Reference numbers every broker should know when evaluating carriers.

Minimum BIPD Insurance

$750,000

General freight (non-hazmat). Hazmat requires $1M–$5M depending on commodity.

National Driver OOS Rate

~6.5%

Carriers significantly above this (2x+) are a red flag.

National Vehicle OOS Rate

~20.7%

Carriers with vehicle OOS rates well above average indicate maintenance issues.

New Authority Risk Window

< 18 months

FMCSA data shows carriers under 18 months of authority have statistically higher crash rates.

MCS-150 Update Frequency

Every 24 months

Required biennial update. Outdated MCS-150 = stale fleet/mileage data.

Record Retention

3–5 years

Personal injury statute of limitations varies by state. Some states have discovery rules extending the window.

Montgomery v. Caribe Transport — Legal Background

The May 14, 2026 SCOTUS ruling that changed broker liability forever.

The Case

Shawn Montgomery was severely injured when a Caribe Transport truck caused an accident. C.H. Robinson had brokered the load. The carrier had a Conditional safety rating with multiple documented deficiencies.

The Ruling

The Supreme Court ruled 9-0 that the FAAAA safety exception preserves state authority over motor vehicle safety, and negligent carrier selection falls within that exception. Brokers owe a duty of ordinary care.

What It Means

Brokers can be sued under state negligence law for failing to exercise reasonable care when selecting carriers. The defense is documented due diligence — showing you reviewed available safety data before tendering.

Read our full Montgomery analysis

Plain-English breakdown of the ruling, what courts will look for, why shippers should also be worried, and the 9 steps every broker should take by Friday.

Shipper Liability — What Companies That Tender Freight Need to Know

Montgomery is a broker case in name. The legal theories it endorses apply with equal force to shippers. Three exposure paths every shipping department should understand.

1

Direct Negligent Carrier Selection

When you tender directly to a carrier without using a broker.

The duty of ordinary care that Montgomery confirmed for brokers applies equally to shippers who select carriers directly. There is no FAAAA preemption available to shippers — that defense was never theirs. Authority, insurance, safety rating, BASIC status, crash history, and OOS rates must be documented at the time of tender, the same as for any broker.

2

Negligent Broker Selection

When you tender through a broker who has no documented vetting process.

A growing line of cases holds that shippers owe a duty of ordinary care in choosing transportation intermediaries. If your broker has no policy, no documentation, and no carrier-screening process, the chain of duty extends back to you. Shippers should audit brokers the way they audit any other vendor.

3

Contractual Control / Joint Venture

When you exert substantial control over carriers, drivers, equipment, or routes.

Courts have found shipper-carrier or shipper-broker relationships to constitute a joint venture or principal-agent relationship when the shipper specifies key operational details. The shipper can be vicariously liable for carrier negligence even without a separate negligent-selection finding. Review your contracts.

Read the full shipper-liability deep dive

Three theories, the cases driving the trend, insurance considerations, and the broker-vetting audit framework smart shippers are adopting.

Nuclear Verdicts — The Economic Context

Why post-Montgomery liability matters now, not theoretically. The dollars at stake have changed dramatically over the past decade.

1,000%

Increase in average trucking verdict size between 2010 and 2018, per the American Transportation Research Institute.

$10M+

Threshold for a 'nuclear verdict.' Once rare in trucking litigation, these are now routine outcomes in catastrophic-injury cases.

$500M+

Multiple recent trucking verdicts have crossed this threshold. Several have exceeded $1 billion.

$750K

Federal minimum BIPD insurance for general-freight carriers. Plaintiffs look upstream — to brokers and shippers — when carrier coverage is exhausted.

The economic reality:Plaintiffs' attorneys identify the carrier first, then look upstream for deeper pockets. A small carrier with the federal minimum coverage cannot pay a $50M verdict. The broker can. The shipper can pay more. Post-Montgomery, the path to those deeper pockets is clearer than at any time in the past three decades.

What Plaintiffs Will Demand in Discovery

When a major accident happens on a load you touched, the discovery requests arrive within weeks. Build the documentary record now.

Selection Records

  • Written carrier-selection (or broker-selection) policy
  • Policy revision history over the relevant time period
  • Screening records for this load — what was checked, when, results
  • Contemporaneous FMCSA data pulled at time of tender
  • Carrier qualification file and renewals

Communications

  • All emails and messages referencing this load
  • Communications with the broker or carrier for prior 12 months
  • Internal approvals, supervisor sign-offs, escalations
  • Rate confirmations and load tenders
  • Any documentation of red flags raised and resolved

Process Evidence

  • Carrier safety attestations on file
  • Certificate of insurance verifications
  • Internal audits and performance metrics
  • Training records for staff who handle carrier selection
  • Errors-and-omissions insurance policies

Exclusion Evidence

  • Do Not Use / exclusion list — current and historical
  • Documentation of why each carrier was excluded
  • Any record of tendering despite a prior exclusion (catastrophic)
  • Claim history with this broker, carrier, or driver
  • Prior incident reports involving the same parties

Insurance & Risk-Transfer Considerations

The right coverage and contract language is your second line of defense after operational diligence.

Broker Errors & Omissions

Brokers

The primary policy that responds to negligent-carrier-selection claims. Verify the policy specifically covers selection-based claims, not just operational errors. Many older policies have coverage gaps. Review limits — $1M was once standard; $5M+ is increasingly necessary.

Transportation Contingent Liability

Shippers

A specialty product that covers shipper exposure when carriers cause harm. Many shippers don't carry this; many of those who do are underinsured for the post-Montgomery threat environment. Confirm coverage applies to negligent-selection theories specifically.

Excess / Umbrella Coverage

Brokers and Shippers

With nuclear verdicts now exceeding $100M routinely, primary limits of $1–5M are inadequate for material-volume operations. Stack excess coverage to a level that matches your worst-case exposure, not your average claim size.

Carrier Indemnification Clauses

Brokers and Shippers

Contractual indemnification by the carrier is worth only as much as the carrier's solvency and insurance. Require carriers to add you as Additional Insured on their auto liability and cargo policies. Verify Certificates of Insurance independently — many fraudulent COIs circulate in the industry.

Carrier Vetting Checklist

What to verify before tendering a load to any carrier. Organized by priority.

Tier 1: Non-Negotiable

  • Active operating authority (USDOT + MC in Authorized status)
  • Insurance meets federal minimums ($750K BIPD for general freight)
  • No Unsatisfactory safety rating
  • No active out-of-service orders
  • Not on your Do Not Use list

Tier 2: Standard Due Diligence

  • SMS BASIC alert status — flag any category in Alert
  • Crash history (24 months) — any fatal crashes require justification
  • Out-of-service rates vs. national average (driver + vehicle)
  • Inspection history — zero inspections in 24 months is a data gap
  • Authority age — new carriers (< 18 months) have higher crash rates
  • MCS-150 currency — outdated filings mean stale data
  • Entity type — confirm carrier authority, not broker-only

Tier 3: Gold Standard

  • Carrier safety attestation (representations & warranties)
  • Certificate of insurance (ACORD 25) on file
  • Broker sign-off on selection decision

Read the full 15-item checklist article

Detailed explanation of each checklist item with sources and documentation requirements.

Double Brokering — Detection & Prevention

How to identify broker-only entities and protect your loads from being illegally re-brokered.

Red Flags at Booking

  • Entity holds only broker authority (no carrier MC)
  • MC number is less than 6 months old
  • Contact number is VoIP or Google Voice
  • Physical address is residential or virtual office
  • Few power units but accepting loads nationwide
  • Unusually fast rate acceptance with no negotiation

Red Flags During Transit

  • Driver company name doesn't match booked carrier
  • Truck/trailer number doesn't match dispatch
  • GPS shows different location than reported
  • Check call contact seems unfamiliar with load
  • Payment requested to a different entity

Read the full double brokering prevention guide

Complete breakdown of 49 USC § 14808, detection methods, and prevention steps.

FMCSA Safety Ratings Explained

The three safety rating levels and what each means for your carrier selection decision.

Satisfactory

The carrier has adequate safety management controls. This is the best available rating and indicates the carrier meets FMCSA safety fitness standards.

Conditional

The carrier does not maintain adequate safety management controls for one or more areas. Not automatically disqualifying, but requires documented justification for selection.

Unsatisfactory

The carrier does not have adequate safety management controls. After 60 days, prohibited from operating CMVs in interstate commerce. Tendering to an Unsatisfactory carrier is indefensible.

None / Not Rated

The carrier has never received a compliance review. Most carriers fall here. Does not mean safe or unsafe — means you must rely on other data (inspections, crashes, BASIC indicators) for evaluation.

Key Case Law — Negligent Selection Precedents

The line of cases brokers and shippers should know. Montgomery sits at the top, but the doctrine has been building for years.

2026 — SCOTUS, 9-0

Montgomery v. Caribe Transport II, LLC

608 U.S. ___ (2026)

Unanimous ruling that the FAAAA safety exception preserves state authority over motor-vehicle safety, including negligent-carrier-selection claims against brokers. Ends 15 years of circuit-split litigation. Establishes ordinary care as the broker standard.

2020 — 9th Circuit

Miller v. C.H. Robinson Worldwide, Inc.

976 F.3d 1016 (9th Cir. 2020)

Pre-Montgomery decision finding that the FAAAA did not preempt a state negligent-hiring claim against a broker. Created the circuit split Montgomery resolved. Heavily cited by plaintiffs' attorneys building the post-Montgomery playbook.

2022 — 7th Circuit

Ye v. GlobalTranz Enterprises, Inc.

74 F.4th 453 (7th Cir. 2023)

The opposite holding from Miller — finding FAAAA preemption applied. The Supreme Court took Montgomery in part to resolve the Miller/Ye conflict. Ye is now effectively overruled by Montgomery.

2023 — 11th Circuit

Aspen American Insurance Co. v. Landstar Ranger, Inc.

65 F.4th 1261 (11th Cir. 2023)

Cargo theft case applying negligent-selection theory in the freight context. Important precedent on the scope of broker duty even outside the personal-injury fact pattern.

Pre-Montgomery — Various

Sperl v. C.H. Robinson Worldwide, Inc.

408 Ill. App. 3d 1051 (2011)

The Illinois state-court verdict that put broker liability on the map. C.H. Robinson held liable for $23.7M after a broker-tendered carrier's driver caused a fatal crash. The case has been cited by plaintiffs in negligent-selection actions for over a decade.

Regulatory Contacts & Hotlines

Key government contacts for broker compliance, complaints, and reporting.

FMCSA Information Line

1-800-832-5660

General FMCSA inquiries, registration, and carrier compliance questions.

FMCSA Safety Hotline

1-888-368-7238

Report unsafe carriers, drivers, or commercial motor vehicles. Available 24/7.

FMCSA National Consumer Complaint Database

1-888-368-7238

File formal complaints against carriers and brokers.

Visit website

OIG Hotline (Fraud Reporting)

1-800-424-9071

Report fraud, waste, or abuse involving DOT programs.

Visit website

Industry Associations & Education

Professional organizations and educational resources for freight brokers.

Freight Broker Compliance Glossary

Key terms every broker should know.

BIPD
Bodily Injury & Property Damage liability insurance required by FMCSA.
BMC-91
FMCSA form for motor carrier surety bonds filed by insurers.
CMV
Commercial Motor Vehicle — vehicle used in commerce weighing 10,001+ lbs or transporting hazmat.
FAAAA
Federal Aviation Administration Authorization Act — the federal preemption statute at issue in Montgomery.
MCS-150
Motor Carrier Identification Report — biennial filing required of all USDOT-registered carriers.
OOS
Out-of-Service — an order removing a driver or vehicle from operation due to safety violations.
QCMobile
FMCSA's public API for querying carrier safety data programmatically.
SAFER
Safety and Fitness Electronic Records — FMCSA's public carrier lookup system.
SMS
Safety Measurement System — FMCSA's system for evaluating carrier safety using BASICs.
USDOT Number
Unique identifier assigned by FMCSA to every entity engaged in interstate commerce.
MC Number
Motor Carrier number — identifies common or contract carrier operating authority.
Double Brokering
Illegal practice of re-brokering a load to another carrier without the original broker's consent.
Ordinary Care
The legal standard from Montgomery — the duty to act as a reasonable broker would with available data.
ACORD 25
Standard certificate of insurance form used to verify coverage details.

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