We are deeply disappointed
with the decision as the law and legal precedent for decades has given the
federal government, not states, the responsibility for setting safety standards
for motor carriers. To date, carriers, not brokers, have been responsible for
complying with these standards.
While brokers are fully
committed to safety and to working with federally licensed motor carriers in
good standing, the decision imposes an impossible task on brokers — effectively
asking them to evaluate the safety of a given motor carrier despite having been
deemed safe to operate on public roads by the federal government. This is like asking travel agents to evaluate
the safety of a given airline despite the fact that the airline has been
licensed to fly by the federal government.
Moreover, since brokers do not employ motor carrier drivers directly,
they do not have access to the records and data required to perform the safety
functions that plaintiff lawyers contend they must. We are working with our
members to assess potential next steps to mitigate the consequences of the
Supreme Court’s decision.
In the meantime, our
members will continue to vigorously defend against negligent selection claims
as plaintiffs still must meet applicable legal standards, such as proving
causation and proving that individual brokers did not meet a supposed standard
of care in each case.
Read the full ruling here.