Montgomery v. Caribe Transport II, LLC · ¶48

It is true, as the brokers emphasize, that trucking companies are in the best position to monitor their own trucks and drivers. By contrast, brokers may not always (or even often) be in a good position to objectively assess the relative safety of different trucking companies. See Brief for Transportation Intermediaries Association, Inc. as Amicus Curiae 20–28. That said, brokers may sometimes become aware that a particular carrier operates unsafe trucks or hires unft drivers. And if brokers can be “held liable for disregarding poor safety records, they have a strong incentive to do business only with safe and reliable motor carriers.” Brief for the State of Ohio, 28 Other States, and the District of Columbia as Amici Curiae 18.

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