Crosswalk Accidents in Ohio: Who Has the Right of Way?
Posted in: Pedestrian Accidents
KNR Legal Blog
If you have ever been on an Ohio highway alongside an 18-wheeler, you may have wondered: who is responsible if that truck causes a crash? Usually, that responsibility falls to the driver and the trucking company that employs them. A lesser-known company that also may bear responsibility is the broker in the middle that arranged for that specific truck to be on the road in the first place.
Until recently, the question of broker responsibility had a frustrating answer for crash victims. In most cases, federal law blocked you from suing the broker at all. On May 14, 2026, the U.S. Supreme Court changed that.
This important case started with a crash on Illinois Interstate 70 in December 2017. Shawn Montgomery had pulled over onto the shoulder due to a mechanical problem, when a truck driver employed by Caribe Transport II veered off the road and slammed into Montgomery’s stopped vehicle. Montgomery had to amputate his leg and suffered permanent injuries.
The truck shipment had been arranged by C.H. Robinson Worldwide, Inc., the largest freight broker in the country. Freight brokers are the middlemen of the trucking industry; shippers hire them to find and select trucks to transport goods. Montgomery argued that C.H. Robinson knew, or should have known, that Caribe Transport had a poor safety record and should never have been selected for the job, placing liability for Montgomery’s accident on the broker.
C.H. Robinson moved to dismiss the lawsuit, arguing that the suit was blocked by the Federal Aviation Administration Authorization Act (FAAAA). They claimed the act preempted, or overrode, state-law claims against brokers. In plain terms, federal law was being used as a shield to keep injured victims from holding brokers accountable in court.
The case eventually made its way to the U.S. Supreme Court, and on May 14, 2026, the Court ruled 9-0 that federal law does not provide that shield. All the Justices held that the FAAAA’s built-in safety exception preserves states’ authority to regulate motor vehicle safety, including the right to sue a freight broker for negligently choosing a dangerous carrier.
Notably, Ohio’s Attorney General was among the attorneys general from 29 states who filed a brief in support of Montgomery, arguing that holding brokers liable gives them a strong incentive to only do business with safe carriers.
Ohio sits at one of the busiest freight crossroads in the country. Interstates 70, 71, 75, and 77 carry enormous volumes of commercial truck traffic throughout the state every day. The brokers who arrange those shipments can now face real accountability when they put unsafe carriers on Ohio roads.
The ruling in Montgomery v. Caribe Transport II, LLC also addresses a serious problem in the industry: trucking companies that cut corners on safety, carry minimal insurance, and shut down after catastrophic accidents only to reopen under a different name.
These “chameleon” carriers put everyone on the road at risk, and the brokers who hire them to save money now share responsibility for the harm they cause. For injured Ohioans who may have no other recourse, this decision provides a critical avenue for accountability and justice.
Here is what the ruling means practically if you or a family member is hurt in a truck crash:
Truck accident claims are more complex than standard car accident cases. They can involve federal safety regulations, multiple insurance policies, commercial carrier records, and now, freight broker liability. Trucking companies and their insurers move quickly after serious crashes to protect their interests, and injured victims need to do the same.
The truck accident attorneys at Kisling, Nestico & Redick help injured Ohio drivers and their families pursue justice and compensation after serious commercial vehicle accidents. Our experienced team investigates trucking crashes, preserves critical evidence, works with accident reconstruction experts when needed, and negotiates with insurance companies on behalf of injured clients.
If you or someone you love was injured in an Ohio truck accident, contact us today. KNR offers free consultations to discuss your legal options.