J. J. Keller helps reduce carrier selection risk after Supreme Court ruling

In response to a recent U.S. Supreme Court ruling expanding liability for freight shippers and brokers selecting third-party motor carriers, J. J. Keller & Associates, Inc. is helping these organizations evaluate carrier safety risk and strengthen their selection processes with its Carrier Risk Review Service.

On May 14, 2026, the U.S. Supreme Court ruled in Montgomery v. Caribe Transport II, LLC that any company that hires motor carriers can be held liable under state law for negligently selecting an unsafe carrier. The court also made clear that federal transportation law does not shield companies from safety-related negligence claims under its “safety exception.” As a result, carrier selection decisions may be subject to increased legal scrutiny and accountability.

J. J. Keller’s Carrier Risk Review Service helps address this challenge by providing a structured, in-depth evaluation of carrier safety risk using available DOT data, including:

• USDOT/MC numbers
• Operating authority
• Insurance coverage
• FMCSA safety ratings
• Inspection Selection System (ISS) scores
• CSA BASIC scores

Clients receive a detailed report with a four-tiered risk rating — low, elevated, high or extreme — for each carrier reviewed.

“Following this ruling, it’s not enough for companies to simply check a carrier’s authority or confirm registration,” said Dustin Kufahl, vice president of consulting and training services at J. J. Keller. “They need to be able to demonstrate that they exercised reasonable care when selecting a carrier, and that means thoroughly evaluating safety data and documenting their decision-making methodology.”

J. J. Keller’s Carrier Risk Review Service supports this by:

• Applying a consistent, criteria-based selection standards
• Providing clear proof of findings to demonstrate reasonable care
• Identifying potential risk factors before they escalate

“The value of this service goes beyond identifying higher-risk carriers,” Kufahl said. “It helps support better decisions and demonstrates that safety was a key factor. In a post-Montgomery environment, companies must be prepared to show how and why carriers were selected.”