Questions 1-5
Montgomery and ordinary care
1. What did the Montgomery ruling actually change?+
A unanimous 2026 Supreme Court ruling, Montgomery v. Caribe Transport II, held that the FAAAA preemption defense no longer bars safety-related negligent-selection claims against brokers of this type. The standard is now ordinary care in how carriers are selected.
2. Can my company really be sued over a carrier's accident?+
Montgomery dealt specifically with freight brokers, and its holding does not extend to shippers. That said, shippers may face similar liability arguments as the law develops, particularly companies that select carriers themselves while having access to public safety data. This is a potential risk to watch, not settled law.
3. We vet carriers at onboarding. Isn't that enough?+
Onboarding proves what was known months ago. The duty attaches to the load, and carrier safety profiles can drift. The question is not only whether a carrier was vetted once; it is what was known on the day the load was tendered and whether that record can be proved.
4. Doesn't our contract and the carrier's insurance protect us?+
Indemnification transfers cost, not liability, and it is only worth what the carrier can pay. Insurance responds after a loss; it does not create the contemporaneous evidence that defends the selection.
5. Does using DispatchDiligence mean we cannot be sued, or that we would win?+
No. A product cannot stop someone from filing a claim or promise a result. DispatchDiligence helps put the record in a stronger evidentiary position: contemporaneous proof that an organization set a carrier-selection policy and applied it to the load in question.