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Shipper duty of care

Shipper Liability for Carrier Selection: Are You Next After Montgomery?

Shippers never had the FAAAA preemption shield brokers relied on. When you tender freight directly to a carrier — or route it through an under-vetted broker — and that carrier causes a crash, plaintiffs can come after you for the choice itself. The defense is the same as the broker's: a documented, consistent carrier-selection file.

Why the exposure is moving to shippers

For a decade, the negligent-selection fight was about brokers and FAAAA preemption. Shippers sat one step removed and largely out of the headlines. That positioning is eroding for two reasons. First, shippers never actually had the preemption defense brokers leaned on, so the door was never closed on shipper-side claims. Second, now that Montgomery v. Caribe has cleared the path against brokers, the same plaintiff's-bar playbook will be aimed up the supply chain at whoever made — or failed to reasonably delegate — the carrier-selection decision.

Two theories of shipper liability

  • Direct negligent selection. The shipper chose the carrier itself (no broker) and tendered to a carrier whose public FMCSA record a reasonable shipper would have screened out.
  • Negligent selection of the broker. The shipper used a broker but failed to reasonably vet that broker — or ignored that the broker had no real carrier-vetting process. Liability flows back to the shipper for the delegation itself.

The defense is a documented file

The standard is ordinary care, not perfection. The shipper who can produce a timestamped record of what it checked, the policy it applied, and the reasoning behind each decision is in a materially stronger position than the shipper relying on memory and a rate confirmation. Specifically, for every load:

  1. Live FMCSA snapshot captured at the time of selection.
  2. Written carrier-acceptance policy applied consistently.
  3. Risk-checklist results recorded with the shipment.
  4. Evidence the broker (if used) was itself vetted.
  5. Sign-off with documented reasoning where anything needed justification.
  6. Tamper-evident audit trail so the file holds up later.

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Frequently asked questions

Can a shipper be sued when a carrier it hired crashes?

Yes. A shipper that selects the motor carrier directly can face a negligent-selection (or negligent-hiring) claim under state common law: that it failed to exercise ordinary care in choosing a carrier, and that an unsafe carrier it should have screened out caused the harm. Unlike brokers, shippers never had a strong FAAAA preemption defense, so these claims have always been able to proceed — and Montgomery v. Caribe is accelerating them.

What is shipper negligent selection?

It is the theory that a shipper breached its duty of ordinary care when choosing who would haul its freight — either by direct-tendering to an unsafe carrier, or by handing the load to a broker the shipper failed to reasonably vet (negligent selection of the broker). If a serious crash follows and the carrier's public FMCSA record showed warning signs, the shipper's selection process becomes the issue in discovery.

How does Montgomery v. Caribe affect shippers?

Montgomery (May 14, 2026) held the FAAAA does not preempt state negligent-selection claims against brokers. The same safety-exception reasoning maps directly onto shippers who select carriers. Plaintiffs' attorneys who now have a clear path against brokers will follow the money up the chain to shippers — especially large shippers and those who self-broker their freight.

Which shippers have the most exposure?

Shippers who direct-source carriers without a broker, shippers running their own routing or private fleets-plus-for-hire mix, and high-volume shippers whose names a plaintiff's lawyer will recognize. If you decide which truck shows up, you are making the carrier-selection decision the law cares about.

How can a shipper document carrier diligence?

Per load, at the time of selection: capture the carrier's live FMCSA record (authority, insurance, safety rating, BASIC indicators, crash and out-of-service history), apply a written carrier-acceptance policy consistently, record the decision and any justification, and keep a tamper-evident record of it. If you use brokers, document that you vetted the broker too. DOTScreener produces this file automatically. It does not guarantee any litigation outcome.

Document your diligence on every load.

DOTScreener runs the checks in this article automatically and produces a timestamped, hash-chained review record at the moment of tender.

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