Attorney General Bonta Files Bipartisan Brief in the U.S. Supreme Court: States Must Retain Authority to Keep Their Roadways Safe

OAKLAND — California Attorney General Rob Bonta today joined a bipartisan coalition of 30 attorneys general in filing an amicus brief in Montgomery v. Caribe Transport II, a case before the U.S. Supreme Court. In the brief, the attorneys general ask the U.S. Supreme Court not to allow the Federal Aviation Administration Authorization Act (FAAAA) to preempt state-law claims against freight brokers for the negligent selection of drivers who harm motorists. Tort law is an important tool used to remedy civil wrongs, and its primary purpose is to compensate victims of wrongful acts, including negligence. 

“Today, I join attorneys general across the political spectrum in urging the U.S. Supreme Court to reject the notion that federal law preempts state laws that protect roadway safety and provide remedies when predictable accidents occur as a result of negligent hiring decisions by commercial-trucking businesses,” said Attorney General Bonta. “States must preserve the right to make our roadways safe and ensure companies that are negligent about roadway safety are held accountable and compensate the victims they harm.” 

The underlying case is a personal injury action brought by the victim of an automobile accident against the driver of a tractor-trailer, the trucking company that employed the driver, and the freight broker that hired the trucking company. The district court held that the freight broker could not be held responsible for the accident because the negligent selection theory was preempted by the FAAAA. In the amicus brief, the attorneys general explain that states have historically held the authority to regulate the safety of their roadways through statutes and tort law and argue that the laws at issue were not among the narrow category of price, route, or service regulations preempted by the FAAAA, and that the FAAAA expressly preserves broad state authority to enact and enforce safety laws, including laws such as these. 

In filing the brief, Attorney General Bonta joins the attorneys general of Ohio, Arizona, Arkansas, Delaware, Idaho, Illinois, Indiana, Kansas, Louisiana, Maryland, Massachusetts, Michigan, Minnesota, Missouri, Montana, Nevada, New Mexico, New York, North Carolina, Oklahoma, Oregon, Rhode Island, South Carolina, Tennessee, Texas, Vermont, Virginia, West Virginia, and the District of Columbia.