If you were hurt by a semi-truck in Illinois and a freight broker arranged that load, a broker liability truck accident lawyer at Mixan Mahony, LLC can explain whether the broker may share responsibility. Brokers connect shippers with trucking companies, and when a broker hires a carrier with a poor safety record, injured people may have a negligent selection claim. We serve Illinois clients from our Chicago office, with phone and video meetings available.
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On This Page

What a Freight Broker Does
A freight broker arranges for a motor carrier to haul a shipper’s goods but usually does not own the truck or employ the driver. Because the broker chooses the carrier, a claim may focus on whether the broker used reasonable care in that choice.
Negligent Selection Claims Against Brokers
A negligent selection (or negligent hiring) claim alleges that a broker knew, or should have known, that a carrier was unsafe and hired it anyway. Evidence may include:
- The carrier’s federal safety rating and inspection history.
- Out-of-service orders, crash history, and hours-of-service violations.
- Whether the carrier had valid operating authority and insurance.
- The broker’s own carrier-vetting policies and whether they were followed.
- Communications showing schedule pressure or warning signs the broker ignored.
The Supreme Court’s 2026 Ruling on Broker Preemption
For years, brokers argued that a federal law, 49 U.S.C. 14501(c)(1), preempted, or blocked, state-law negligence claims about how they selected carriers. Federal appeals courts disagreed. The Seventh Circuit, which covers Illinois, held in 2023 that such a claim was preempted, while the Ninth Circuit had held in 2020 that the safety exception in 14501(c)(2)(A) preserved it.
On May 14, 2026, the U.S. Supreme Court decided Montgomery v. Caribe Transport II, LLC, a case arising from an Illinois crash. The Court held that a negligent-hiring claim against a broker for selecting a motor carrier falls within the safety exception and is not preempted. That ruling resolved the split, though each claim still has to be proven on its facts.
Other Ways a Broker May Be Responsible
Apart from negligent selection, a broker may face a vicarious liability claim if it controlled the carrier’s operations closely enough. Courts look at the actual relationship, such as who set routes, schedules, and driver rules. We also pursue the motor carrier and driver directly, because the carrier’s insurance is often the first source of recovery.
Illinois Deadlines and Fault Rules for a Broker Liability Truck Accident Lawyer Claim
- Most injury claims: 2 years under 735 ILCS 5/13-202.
- Shared fault: under 735 ILCS 5/2-1116, an injured person is barred only if their fault is more than 50 percent of the cause; otherwise damages are reduced by their share.
- More than one defendant: under 735 ILCS 5/2-1117, all defendants found liable are jointly and severally liable for medical expenses, and for other damages a defendant less than 25 percent at fault is severally liable while one 25 percent or more at fault is jointly and severally liable.
- Wrongful death: under 740 ILCS 180/2, an action is generally filed within 2 years after the death, with exceptions in the statute.
- Public entities: claims against a local public entity generally must be filed within 1 year under 745 ILCS 10/8-101(a), and personal injury claims against the State generally require a notice within 1 year under 705 ILCS 505/22-1 unless the claim is filed within that year.
These are general rules with exceptions. Ask a lawyer to confirm the deadline that applies to your situation.
Read the federal statute at 49 U.S.C. 14501 and the Supreme Court’s opinion in Montgomery v. Caribe Transport II.
Compensation Families and Injured People May Seek
Truck and delivery crashes often cause serious injuries. A claim may seek compensation for medical care, lost wages and earning capacity, property damage, pain and suffering, disability, and loss of a normal life. Families who lose a loved one may have wrongful death and survival claims.
Every case is different, and no lawyer can promise a result. Our role is to gather the evidence, explain your options honestly, and pursue the claim you choose.
What to Do Next
- Get medical care right away, even if you feel okay.
- Call police and get the crash report number.
- Photograph the vehicles, truck and trailer numbers, and the scene.
- Get witness names and contact information.
- Avoid recorded statements to any insurer before talking with a lawyer, and call us for a free review.
Related Practice Areas
You may also find these pages helpful:
- Illinois truck accident claims
- car accident claims
- pedestrian accidents
- motorcycle accidents
- wrongful death claims
We also serve clients in communities such as Joliet and Will County, Romeoville, Plainfield, Rockford.
We serve clients throughout Illinois from our Chicago office. See our Illinois service areas, our Chicago personal injury practice, and our Illinois personal injury representation.
What to Expect When You Call Our Firm
When you contact a broker liability truck accident lawyer at Mixan Mahony, LLC, the first conversation is about listening. We ask what happened, who was involved, what injuries resulted, and what records you already have. You do not need to have everything organized before you call.
After that first call, a broker liability truck accident lawyer on our team will explain which deadlines may apply, which records we plan to request, and what an investigation is likely to involve. If we are not the right fit for your situation, we will tell you that as well.
Throughout the case, you can expect plain-English updates. Working with a broker liability truck accident lawyer does not mean giving up control of your decisions. You decide whether to accept a settlement offer or move forward with a lawsuit.
Many people wait to call a broker liability truck accident lawyer because they worry about cost or are unsure whether they have a claim. The consultation is free, and an early review can help protect evidence that might otherwise be lost or overwritten.
Talk With a Broker Liability Truck Accident Lawyer at Mixan Mahony, LLC
Whether you live in Chicago, the suburbs, or downstate, you can speak with our team by phone or video. A broker liability truck accident lawyer at our firm will listen, explain the law that applies, and outline the next steps without pressure.
- A free first conversation by phone or video.
- Records requests sent directly to providers, agencies, and insurers.
- Electronic signatures for paperwork.
- Updates by phone, email, or text.
Meet the Partners

Mixan Mahony, LLC was founded by Colleen Mixan Mikaitis and Mackenzie J. Mahony. Both partners are personally involved in the cases the firm handles for clients across Illinois, and you can reach them through our Chicago office by phone or video.
No attorney fee unless we recover for you. Your first consultation is free. How case costs and expenses are handled is explained in writing in the fee agreement before any work begins.
Contact Mixan Mahony, LLC
Mixan Mahony, LLC
444 W. Lake St., Suite 1707
Chicago, IL 60606
Phone: (312) 262-3971
View our Chicago office on Google Maps
We serve clients in communities outside Chicago from our Chicago office. We do not have offices outside Chicago. Phone and video meetings are available. You can also reach us through our contact page.
This page provides general information about Illinois law and is not legal advice. Reading it does not create an attorney-client relationship. Every case is different, and past outcomes do not guarantee future results.

COMMONLY ASKED
Questions About Broker Liability Truck Accident Lawyer Claims
Can a freight broker be sued for a truck crash in Illinois?
A broker may face a negligent selection claim if it hired a carrier it knew or should have known was unsafe. In May 2026, the U.S. Supreme Court held in Montgomery v. Caribe Transport II that such claims fall within the federal safety exception and are not preempted.
How do I know if a broker was involved in my truck crash?
Bills of lading, rate confirmations, and dispatch records usually identify the broker. These records are typically obtained through a preservation request or in discovery.
What is the difference between a broker and a motor carrier?
A motor carrier operates the truck and employs or contracts with the driver. A broker arranges the shipment between the shipper and the carrier.
Does the broker’s liability replace the trucking company’s?
No. A broker claim is usually in addition to claims against the carrier and driver. Under 735 ILCS 5/2-1117, how damages are shared among defendants depends partly on each one’s percentage of fault.
How long do I have to file a broker liability claim?
Most Illinois personal injury lawsuits must be filed within 2 years under 735 ILCS 5/13-202. Wrongful death claims are generally filed within 2 years after the death under 740 ILCS 180/2.
What does it cost to hire a broker liability truck accident lawyer?
The consultation is free, and there is no attorney fee unless we recover for you. How case costs are handled is explained in writing in the fee agreement.













