Montgomery is reported as a broker case, and the defendant was a broker — but the duty it left standing is a duty of reasonable care in selecting a carrier. That duty follows the act, not the job title. A shipper that picks its own carriers, keeps an approved list, dictates who hauls a load, or overrides its broker is exercising selection, and is exposed on the same theory.
Where shippers actually make the selection
- Direct routing. You tender straight to carriers on some or all lanes.
- An approved-carrier list. You decide who is eligible; your broker chooses within your set. You set the floor.
- Override. Your broker flags a carrier and you direct the load anyway — for capacity, price, or a relationship. That override is a selection decision, and it is yours.
- Dictated criteria. You tell brokers what standards to apply. If the standard is thin, you authored the thin standard.
The override is the sharpest edge. A broker that surfaces a flag and a shipper that directs the load anyway have together created the clearest possible record that the risk was known — and if the shipper's reason was never written down, the only documented fact is that someone was told and proceeded.
What to document
Document the part of the decision you control, which is narrower than a broker's and easier to get right.
| If you | Keep |
|---|---|
| Route directly to carriers | The same selection record a broker would keep: identity, authority, safety, insurance, decider, timestamp. |
| Maintain an approved list | The criteria for admission, the date each carrier was added, and the re-verification cadence that keeps the list current. |
| Override a broker's flag | What you were told, who decided to proceed, and the business reason — recorded at the time, not reconstructed later. |
| Dictate broker criteria | The standard you require, and evidence you check that brokers apply it. |
The list that goes stale
An approved-carrier list is a standing representation that everyone on it meets your standard. Authority gets revoked and insurance lapses continuously, so a list built once and never re-verified drifts from true — and it drifts silently. If you maintain a list, the re-verification cadence is not administrative hygiene; it is the substance of the representation.
Bring the record to your desk.
A 20-minute scoping call — no cost, no commitment. Bring your current carrier-selection process and we will show you what it produces at claim time.
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