This article is intended for agents and independent contractors, and is provided for general informational purposes only. It is not legal, tax or financial advice. It is not directed at company drivers. Every business situation is different, so consider consulting a qualified professional before making decisions for your operation. Independent contractors control how they operate their businesses, subject to applicable law and their agreements, and no freight volume or earnings are guaranteed.
What the post-Montgomery trucking market may mean for flatbed and van contractors
Quick answer: After the United States Supreme Court’s Montgomery v. Caribe Transport II decision, some brokers and logistics networks appear to be paying closer attention to carrier safety records, inspection history, insurance and documentation. Independent contractors, whether you haul flatbed or van, may want to review their carrier profile now. Organized, up-to-date documentation can help protect freight access. A strong partner can offer support along the way.
What is the post-Montgomery trucking market, and why might it matter to contractors?
In May 2026, the United States Supreme Court’s Montgomery v. Caribe Transport II decision allowed certain negligent-hiring claims against freight brokers to move forward under a safety exception. That ruling brought more industry attention to how carriers are selected.
Industry publications report that the nation’s largest brokers are reducing their approved motor carrier list by hundreds of thousands since the ruling, based on safety scores. It is expected that a motor carrier’s safety track record will become a competitive advantage.
The practical signal for small carriers is worth noting: Carrier vetting may be getting more thorough. Contractors with clean, well-documented safety profiles could be better positioned to maintain access to freight.
A motor carrier’s safety track record may become a competitive advantage
What can small carriers consider right now?
Getting organized before a broker asks is one practical step many contractors find helpful in today’s post-Montgomery trucking market.
Here’s a readiness checklist you may want to work through:
- Review your Federal Motor Carrier Safety Administration safety data and trends regularly
- Keep insurance certificates current and stored somewhere easy to find
- Document maintenance, repairs and inspection practices
- Save inspection reports and track any corrective actions after violations
- Review driver qualification and training files
- Confirm that freight securement practices are clearly defined and followed, especially for flatbed
- Know which freight partners and broker relationships matter most to your business
When carrier eligibility standards tighten, the contractor who can pull documentation in a few minutes may look more dependable than one who’s still searching.
How does carrier vetting work, and what might brokers review?
Carrier vetting is the process freight brokers use to decide which motor carriers are eligible to haul their freight. Standards vary by broker, but in the post-Montgomery trucking environment, the industry seems to be moving toward a common set of data points.
Brokers may look at:
- Safety scores and inspection trends from FMCSA data
- Crash history and preventable incidents
- Out-of-service rates
- Insurance limits, types and expiration dates
- Authority age and operating history
- Driver qualification practices and training records
- Equipment condition and maintenance history
- Cargo theft and fraud risk indicators
For flatbed contractors
Cargo securement is often a specific evaluation point. FMCSA rules address the fact that cargo cannot shift on or within, or fall from, a commercial motor vehicle. Brokers and customers understand that open-deck freight carries more securement responsibility. A clean securement record can be part of your carrier profile.
For van contractors
Hours-of-service compliance, cargo handling practices, inspection history and driver qualification files all can factor into how brokers evaluate enclosed freight carriers. The standards may look different from flatbed, but the attention is similar.
How might the post-Montgomery trucking market affect flatbed and van contractors differently? What’s the same?
Whether you run open-deck or enclosed, the core issue is similar: brokers may want evidence that you’re safe, organized and ready.
What can differ is the specific documentation and habits that show readiness.
Flatbed-specific readiness factors:
- Securement methods, equipment and documentation
- Tarp condition and proper use
- Load checks during trips
- Knowledge of working load limits and edge protection requirements
- Training records for drivers new to open-deck freight
Van-specific readiness factors:
- Cargo handling and loading practices
- Hours-of-service records and compliance patterns
- Load integrity and proper documentation at pickup
- Driver qualification files and any remediation records
Both may benefit from:
- Current FMCSA safety data with no unaddressed trends
- Up-to-date insurance
- Clean inspection history or documented corrective actions
- An organized carrier file that’s ready to share on short notice
What might a strong carrier partner offer in the post-Montgomery trucking market?
If broker access feels less predictable, comparing partner options can be a reasonable step. The choice is always yours as an independent contractor.
The right partner can help you understand the freight, the expectations and the available resources before you decide anything. Here’s what you might look for:
- Clear, plain-language program details, so there’s no guesswork on the numbers
- Straightforward carrier eligibility requirements you can plan around
- Safety resources contractors may use to prepare for tighter vetting
- Securement resources for flatbed and compliance resources for van
- Access to both flatbed and van freight, so you have options
- A next step that feels like a real conversation, not just an application
CRST Flatbed works with qualified independent contractors across flatbed and van freight. Safety sits at the center of how we operate, which means the same readiness habits that can protect your broker access may also make you a stronger fit in our network. Any programs are optional business resources available to contractors who choose them. We’d rather help you understand the requirements up front than rush you into something that doesn’t fit.
If broker access feels less predictable, comparing partner options can be a reasonable step.
Bottom line: a more selective market may reward prepared contractors
The post-Montgomery trucking market isn’t changing everything overnight. But it may be raising the floor for carrier eligibility, and that floor could keep moving.
Contractors who protect their freight access often treat safety data, insurance, inspection records and documentation as part of running the business, not as a reaction to a problem.
Whether you haul flatbed or van, have one truck or many, now can be a good time to review your carrier profile, organize your files and consider whether a structured partner might offer a more stable path forward.
You don’t have to figure it out alone. If you’d like to learn what a flatbed or van partnership could look like for your operation, information is available and we’re happy to walk you through it. Explore CRST Flatbed partnership opportunities and see if there’s a fit.
Frequently asked questions
What is the Montgomery v. Caribe Transport II decision?
It’s a 2026 United States Supreme Court ruling that allowed certain negligent-hiring claims against freight brokers to move forward under a safety exception. It did not settle every future case, but it increased industry attention on how brokers select and vet carriers.
What does post-Montgomery trucking mean for small carriers?
It may mean brokers and transportation networks are paying closer attention to carrier safety history, inspection records, insurance and documentation. The exact impact varies by broker and freight type, but the general direction seems to point toward higher carrier-readiness expectations.
Does this mean small carriers will lose broker freight?
Not automatically. But some contractors may face more questions, tighter vetting or changing eligibility standards. Those with organized safety profiles can be better positioned to keep their access.
What might I review first to help protect my freight access?
You could start with your FMCSA safety data, inspection history, insurance certificates, maintenance records and driver qualification files. Keeping everything current and easy to locate can help.
Does broker vetting affect van contractors, or just flatbed?
It can affect both. Cargo handling practices, hours-of-service compliance, inspection history and documentation all may factor into how brokers evaluate any carrier, regardless of freight type.
Why might flatbed have extra considerations?
Flatbed freight is open-deck and involves active securement, tarping and load checks. FMCSA rules address preventing cargo from shifting or falling. Brokers and customers may look at securement habits as part of evaluating a flatbed carrier’s readiness.
What documents can I keep ready for broker vetting?
Insurance certificates, inspection reports, maintenance and repair records, driver qualification files, corrective action notes and current FMCSA safety data. Keeping them organized and updated can help.
How often can I check my FMCSA safety data?
A regular rhythm works well for many contractors who depend on broker freight or want to grow their partnerships. Some choose to review monthly.
How might CRST Flatbed fit into this conversation?
CRST Flatbed works with qualified independent contractors across flatbed and van freight. We offer a safety-focused, partner-first path for contractors who want access to freight opportunities and real support. Any programs are optional, and we’re happy to walk you through requirements before you make any decisions.
