Negligent selection
Negligent selection, sometimes discussed as negligent hiring in this context, is a legal theory that can hold a broker or shipper responsible when a carrier it selected causes harm, on the argument that a reasonable party would not have hired that carrier. It draws on the common-law duty, described in the Restatement (Second) of Torts section 411, that attaches when a principal hires an independent contractor for work carrying a risk of physical harm to others.
Why documentation figures in
Litigation in this area has turned in part on what the broker did to vet the carrier before the load. In Montgomery v. Caribe Transport II, No. 24-1238, decided May 14, 2026, the Supreme Court held 9-0 that federal law (the FAAAA) does not preempt state-law negligent-selection suits against brokers, so these state-law claims can proceed. The practical implication is documented diligence: courts look at whether a broker checked the carrier's authority, insurance, and safety record, and whether it kept a record of having done so.
What a documented process looks like
A documented process generally means checking the carrier's active operating authority, its insurance on file, and its safety history at the time of booking, and retaining what was checked. Because, in FMCSA's 2021 data, about 94% of interstate freight carriers had no FMCSA safety rating, a process that relies on the rating alone leaves most of the market unevaluated; the underlying inspection, out-of-service, crash, and authority data is what remains to look at.
fleetfax reads public FMCSA data and is not affiliated with FMCSA or the U.S. Department of Transportation. This page explains terminology; it is not legal advice.
See the record on any carrier
Search by USDOT, MC or company name.
