Freight Broker & Carrier Liability FAQs
Freight broker and carrier liability FAQs—learn who is responsible in truck accidents, how liability is determined, and how to pursue compensation in Georgia.
Freight Broker & Carrier Liability FAQs
Does it matter if the truck was crossing state lines?
Not for purposes of evidence preservation obligations. Georgia has adopted the Federal Motor Carrier Safety Regulations as state law, meaning FMCSA requirements apply to commercial vehicles operating on Georgia roads regardless of whether they are engaged in interstate or intrastate commerce. According to the Georgia Department of Public Safety Motor Carrier Compliance Division, FMCSA regulations apply to all commercial vehicles with a Gross Vehicle Weight Rating (GVWR) of 10,001 lbs. or more operating in Georgia. The carrier’s evidence preservation duties under both federal and Georgia law apply equally.
What is the FAAAA and why does it matter to my case?
The Federal Aviation Administration Authorization Act of 1994 (FAAAA) was passed to deregulate the trucking and airline industries. One of its provisions prohibits states from enacting laws “related to” broker services. Brokers claim this wipes out state negligence lawsuits against them. Whether the FAAAA’s safety exception preserves victims’ rights is the exact question the Supreme Court is answering in Montgomery v. Caribe Transport.
Can I still recover damages from the motor carrier even if broker claims are preempted?
Absolutely. The FAAAA preemption defense applies only to brokers, not to the motor carrier or the driver. Your claims for negligence, negligent entrustment, and negligent hiring against the carrier remain fully available. A skilled truck accident attorney will pursue every viable defendant to maximize your recovery.
Is my case affected right now by Montgomery v. Caribe Transport?
Yes. If your case is pending in a Georgia federal court and involves a freight broker, the court may stay your broker claims pending the Supreme Court’s decision. A ruling is expected by June 2026. If the Court rules in favor of victims, previously dismissed or stayed negligent-selection claims may be revived. You should speak with an attorney about the status of your specific case immediately.
What is a freight broker, and why would they be named in my truck accident lawsuit?
A freight broker is an intermediary that connects shippers (companies needing goods transported) with motor carriers (trucking companies). The broker selects and hires the carrier. If the broker negligently selected a carrier with a dangerous safety history, and that carrier’s truck caused your crash, you may have a claim against the broker for negligent selection — though federal preemption rules, as explained above, currently limit these claims in Georgia.