The nation’s largest freight broker, C.H. Robinson, has begun tightening its motor carrier acceptance standards following a recent U.S. Supreme Court decision that opened brokers to potential liability for negligent hiring of unsafe carriers.
Supreme Court Ruling
In a unanimous decision earlier this month, the Supreme Court ruled that state-law negligence claims against freight brokers are not preempted by federal law. The case originated from a 2017 crash in Illinois in which a commercial driver was seriously injured after being struck by a tractor-trailer hauling freight arranged by C.H. Robinson. The broker had selected Caribe Transport II, LLC to move the load.
The Court held that a broker’s duty to exercise reasonable care when selecting carriers relates to motor vehicle safety and therefore falls within the safety exception of the Federal Aviation Administration Authorization Act (FAAAA). As a result, brokers may now face state negligence claims if an accident occurs involving a carrier they selected.
Changes to Carrier Vetting
Industry observers note that the ruling creates a direct incentive for brokers to strengthen their carrier screening processes. Carriers report that C.H. Robinson has updated its security protocols and, as of Thursday morning, has begun locking out owner-operators whose safety records fall below the company’s updated thresholds.
Notifications sent to carriers in the C.H. Robinson network indicate that non-certified safety flags are now resulting in immediate removal from available lanes. The changes align with broader expectations that brokers will place greater emphasis on documented safety programs and compliance history when approving carriers.
Industry Implications
Legal analysts say the decision is likely to prompt other large brokers to review and potentially revise their carrier qualification criteria. Carriers with marginal safety scores or incomplete compliance documentation may face reduced access to freight opportunities as brokers seek to limit exposure to future negligence claims.
The ruling does not impose new federal requirements but clarifies that states retain authority to regulate broker practices related to motor vehicle safety.