They don't end up behind the wheel unless someone hires them
In a unanimous ruling, the Supreme Court has affirmed that those who profit from the movement of freight bear a measure of responsibility for the safety of the roads those goods travel. The case of Shawn Montgomery — who lost part of his leg when a truck hired by the nation's largest freight broker struck his parked vehicle — became the vehicle through which the Court clarified that negligent hiring claims against brokers are not shielded by federal preemption. The decision arrives against a backdrop of thousands of so-called chameleon carriers that have exploited regulatory blind spots to erase their safety records and return to the road, leaving at least 141 dead in five years. It is a ruling that asks, in essence, whether accountability can be distributed across a system that has long allowed danger to move invisibly through its supply chains.
- A man loses part of his leg on an Illinois highway, and the legal battle that follows reaches the highest court in the land — a sign of how deeply the trucking industry wanted to keep brokers insulated from liability.
- More than 10,000 trucking companies have reinvented themselves under new names since 2021, erasing safety violations and returning to highways four times more likely to cause severe crashes than legitimate operators.
- Federal regulators, stretched thin by a 10% workforce reduction while trucking firms surged 31%, have been unable to detect the pattern — some carriers registering addresses like 'NOMORE, GONE, GA.'
- A Christmas Eve crash in Ohio killed four members of one family, and testimony suggests a broker's representative may have advised the operator on how to reopen under a new name after a government shutdown.
- The Supreme Court's unanimous opinion, authored by Justice Barrett, holds that ordinary care in selecting a carrier falls within federal law's motor vehicle safety exception — clearing the way for negligent-hiring lawsuits in state courts.
- The ruling shifts a portion of accountability from overwhelmed federal agencies to the private brokers who profit from freight movement, though whether it translates to safer roads depends on choices still unmade.
Shawn Montgomery was parked on an Illinois highway in 2017 when a speeding truck slammed into his vehicle, costing him part of his leg. The truck had been hired by C.H. Robinson, the nation's largest freight broker. Montgomery sued, arguing the broker should have vetted the carrier's troubled safety record before awarding the contract. After years of litigation and fierce industry opposition, the Supreme Court ruled unanimously in his favor — a decision with consequences far beyond one man's injury.
The ruling lands in the middle of a largely hidden crisis. A CBS News investigation found that since 2021, federal regulators have approved more than 10,000 so-called chameleon carriers — companies that accumulate safety violations, shut down, and reopen under new names, often with the same trucks, drivers, and facilities. These operators are four times more likely to cause severe crashes. Over five years, they have killed at least 141 people and injured 1,800 more. The scheme persists in part because the Federal Motor Carrier Safety Administration's workforce has shrunk by 10 percent even as the number of trucking firms has grown by 31 percent since 2015.
One crash captures the stakes. On Christmas Eve 2022, a truck operated by BLF Truck Transportation killed four members of a single family in Ohio. BLF had previously operated under three other names, each flagged for safety problems. In a deposition, BLF's operator testified that a C.H. Robinson representative had encouraged him to open a new company after his previous one faced a government shutdown. Robinson disputed the account, questioning the witness's credibility.
Justice Amy Coney Barrett's opinion rejected the industry's argument that federal regulation should shield brokers from state-court liability. Requiring a broker to exercise ordinary care in selecting a carrier, she wrote, falls squarely within federal law's motor vehicle safety exception. The trucking industry and the Trump administration had both urged the Court to side with Robinson, warning of exposure to a patchwork of state lawsuits. The Court was unmoved.
The decision does not repair the regulatory gaps that allow chameleon carriers to thrive. What it does is redistribute accountability — placing some of the burden on the private companies that profit from freight movement and asking them to do what overwhelmed federal agencies have struggled to accomplish. Whether brokers rise to that responsibility, and whether regulators can rebuild their capacity to police the system, will determine whether the ruling amounts to a turning point or simply a legal clarification on roads that remain dangerous.
Shawn Montgomery lost part of his leg on an Illinois highway in 2017 when a speeding truck driver slammed into his parked vehicle. The driver worked for a trucking company that had been hired by C.H. Robinson, the nation's largest freight broker. Montgomery sued, arguing that Robinson should have known the company's safety record was poor before contracting the load. The case climbed to the Supreme Court, where the trucking industry fought hard to keep it out of state courts. On Thursday, the justices ruled unanimously that Montgomery could proceed with his lawsuit—a decision that could reshape how freight brokers operate.
The ruling matters because it exposes a vast and largely invisible problem in American trucking. A CBS News investigation revealed that thousands of trucking companies have gamed the federal safety system by shutting down and reopening under new names, erasing their violation histories in the process. These "chameleon carriers" are four times more likely to cause severe crashes than legitimate operators. Since 2021 alone, federal regulators have approved at least 10,000 of them. Over the past five years, crashes involving these reincarnated companies have killed at least 141 people and injured 1,800 more.
The mechanics of the scheme are straightforward. A trucking company accumulates safety violations and faces regulatory pressure. Rather than reform, the operator simply closes the business and opens a new one under a different name, often using the same trucks, the same facilities, and the same people. Federal regulators, overwhelmed and understaffed, miss the connections. The CBS News analysis found over 30,000 carriers using fake or undeliverable registration addresses—some listing locations like "NOMORE, GONE, GA." Meanwhile, the Federal Motor Carrier Safety Administration's workforce has shrunk by 10 percent even as the number of trucking firms has surged 31 percent since 2015.
One example crystallizes the danger. On Christmas Eve 2022, a truck operated by BLF Truck Transportation crashed in Ohio, killing four members of a single family. BLF had previously operated under three other names, each flagged by regulators for safety problems. In a deposition obtained by CBS News, Alexander Delgado, who ran BLF, testified that a C.H. Robinson representative had coached him to "open up another" trucking company after his previous operation faced a government shutdown. Robinson disputed this account, saying Delgado's credibility was questionable and that he had violated federal law by double-brokering a load.
The trucking industry and the Trump administration had urged the Supreme Court to reject Montgomery's case, arguing that holding brokers responsible for carrier safety would be unfair and expose them to liability under a patchwork of state laws. They contended that federal regulators, not private brokers, should bear responsibility for screening haulers. Justice Amy Coney Barrett's opinion rejected this reasoning. She noted that federal transportation law includes an exemption for cases involving motor vehicle safety, and that requiring a broker to exercise ordinary care in selecting a carrier directly concerns the trucks that will transport goods. Montgomery's negligent-hiring claim, she wrote, falls squarely within that safety exception.
Michael Leizerman, the attorney who represented Montgomery and other crash victims, said the ruling could force brokers to take safety seriously. "They don't end up behind the wheel of an 80,000-pound vehicle unless someone hires them to do so," he said. "And many times that's the large brokers like C.H. Robinson." The company responded with a statement expressing disappointment in the decision while reaffirming its commitment to safety. C.H. Robinson is now facing similar lawsuits related to other loads it brokered, including two profiled in the CBS News investigation.
The Supreme Court's decision clears a legal path, but it does not solve the underlying problem. Brokers may now face pressure to screen carriers more carefully, but federal regulators still lack the resources to police the system effectively. The chameleon carrier scheme persists because it works—companies can shed their pasts and start fresh, and the government cannot keep up. What the ruling does is shift some of the burden of accountability from the federal government to the private companies that profit from moving freight. Whether that pressure translates into safer highways depends on whether brokers choose to act, and whether regulators can finally catch up.
Notable Quotes
They don't end up behind the wheel of an 80,000-pound vehicle unless someone hires them to do so. And many times that's the large brokers like C.H. Robinson.— Michael Leizerman, attorney for crash victims
Safety is foundational to who we are. While we are disappointed in the Court's decision, we will continue to operate responsibly and work constructively with regulators.— Dorothy Capers, C.H. Robinson chief legal officer
The Hearth Conversation Another angle on the story
Why does a Supreme Court ruling about one man's lawsuit matter so much to highway safety?
Because it opens the door to holding the middlemen accountable. Freight brokers like C.H. Robinson are the ones hiring the drivers. If they face lawsuits for negligent hiring, they have a financial incentive to actually check who they're contracting with.
But couldn't brokers just say it's not their job—that the government licenses the drivers?
That's exactly what they argued. The industry said federal regulators should be the gatekeepers. But the Supreme Court said no—if you're the one hiring, you have a duty to exercise ordinary care. You can't just pass the buck.
What are these "chameleon carriers" exactly?
Trucking companies that shut down and reopen under new names to erase their safety violations. Same trucks, same people, new paperwork. The government approved 10,000 of them since 2021. They're four times more likely to cause severe crashes.
How does the government let that happen?
Understaffing and data blindness. The FMCSA's workforce shrank 10 percent while trucking firms surged 31 percent. They're not connecting the dots. Regulators miss obvious red flags—like carriers using fake addresses.
So what changes now?
Brokers face real liability. That creates pressure to do background checks. But it's not a fix for the regulatory problem. The government still needs to staff up and actually enforce the rules.
Will C.H. Robinson actually change how it hires?
That's the question. The company says safety is foundational to who they are. The ruling gives them a reason to prove it—or face more lawsuits.