May Market Update
- Posted on 19 May, 2026
This month’s update is short and sweet, touching on some of the biggest topics shaping transportation right now. Touching on the U.S. Supreme Court’s recent ruling impacting freight brokers, to the ripple effects of Roadcheck Week, and the ongoing reefer capacity crunch as produce season ramps up across key growing regions. As always, shifting capacity, enforcement activity, and seasonal produce volume continue to create volatility across the market, especially for temperature-sensitive freight.
US Supreme Court Case
One of the biggest transportation headlines this month came from the U.S. Supreme Court, which unanimously ruled against freight brokers in the closely watched Montgomery v. Caribe Transport II case which is a decision that could significantly reshape liability, carrier selection practices, and compliance expectations across the brokerage and 3PL industry.
The case centered around a 2017 accident involving a carrier hired by broker C.H. Robinson. The plaintiff argued the broker should share responsibility for allegedly selecting a carrier with known safety concerns. Historically, brokers often relied on protections under the Federal Aviation Administration Authorization Act (FAAAA), which many courts interpreted as shielding brokers from these types of state negligence claims.
However, the Supreme Court ruled 9-0 that brokers can face state-level negligent hiring and negligent selection lawsuits when crashes involve carriers they chose to move freight. The Court determined these claims fall under the law’s “safety exception,” meaning federal law does not automatically preempt them.
What this means operationally is that brokers and 3PLs will likely face increased scrutiny around carrier vetting, higher insurance and compliance costs, additional documentation requirements, and greater emphasis on safety scores, inspections, and carrier history.
Many within the industry believe this could accelerate consolidation among brokers, as smaller brokerages may struggle with rising insurance costs and legal exposure. Others argue the ruling could ultimately improve safety standards by forcing stronger carrier oversight and discouraging the use of high-risk carriers purely based on cheap rates.
The ruling does not mean brokers are automatically liable anytime a crash occurs, but it does remove one of the strongest legal defenses the brokerage industry has relied on for decades. Going forward, carrier selection, compliance practices, and risk management protocols will likely become even more critical throughout the freight market.
Roadcheck 2026
Roadcheck Week was a doozy this year. Enforcement activity ramped up significantly on Day 2, with inspection volume nearly tripling compared to Day 1 as CVSA officers intensified inspections across the U.S.
The latest violation data gave a clearer picture of where both drivers and equipment are continuing to fail under inspection pressure. The total number of inspections from SearchCarriers came out to 38,962 with 69,446 violations, causing 13,273 carriers to go out of service.
According to the report, brake-related violations once again remained one of the largest issues across inspected equipment, continuing a long-term industry trend. Tire violations, lighting issues, and cargo securement problems also appeared heavily throughout the inspection data. On the driver side, hours-of-service and licensing violations continued to be major focus areas during enforcement.
Operationally, FreightWaves reported the increased inspection intensity contributed to tighter truck capacity across several regions as carriers either avoided movement, reduced utilization, or faced temporary out-of-service orders. Many shippers saw spot market rates increase throughout the week, particularly within produce and time-sensitive freight markets where capacity was already tightening seasonally.
One of the bigger takeaways from the violation data is that equipment maintenance continues to play a major role in carrier reliability and network stability. Carriers with strong compliance programs were generally able to maintain service throughout the week, while others faced disruptions tied to inspection failures and delays.
While the preliminary inspection data already points to significant enforcement activity and elevated out-of-service counts, the industry is still waiting on the finalized CVSA inspection report and broader post-Roadcheck market data to fully understand the long-term impact on capacity and spot pricing. Early indications showed tightening conditions across several produce and time-sensitive freight markets, but the coming weeks will provide a clearer picture of how much Roadcheck ultimately influenced reefer and truckload rates heading into peak summer season.
As the industry moves beyond Roadcheck Week, many expect capacity conditions to gradually normalize, although produce seasonality and tightening reefer markets may continue to keep pressure on rates heading into early summer.
Reefer Market
A recent Mintec analysis highlighted growing transportation pressure across the vegetable supply chain as shippers continue dealing with rising freight costs, reefer shortages, and broader cold-chain constraints heading deeper into produce season.
One of the biggest themes from the report is that reefer availability is tightening at the same time operating costs are increasing. Produce-heavy regions are seeing more competition for refrigerated equipment as carriers reposition into higher-paying seasonal markets, leaving some shippers struggling to secure consistent capacity.
The article emphasized that these cost increases are becoming difficult for produce shippers to absorb, especially for companies operating under fixed-price or delivered-cost agreements. Freight volatility between the time product is contracted and when it actually ships is compressing margins across the produce sector.
At the same time, broader freight market indicators continue signaling a structurally tighter reefer market in 2026. Reefer load-to-truck ratios remain elevated, spot reefer rates have moved above contract pricing in many markets, and carrier capacity growth remains limited as produce season transitions continue shifting freight demand across California, Texas, and Florida.
Overall, the report reinforces a trend many produce shippers are already experiencing in real time: transportation is becoming a larger and more volatile component of total produce costs. As reefer capacity tightens and operating expenses continue rising, shippers with strong carrier relationships, contracted capacity, and flexible logistics networks will likely be in the strongest position heading into peak summer produce season.
Taken together, these developments point toward a freight market increasingly shaped by compliance pressure, operational risk, tightening cold-chain capacity, and rising transportation costs particularly within food and produce supply chains. As the industry moves deeper into summer produce season, carrier reliability, network stability, and strategic transportation partnerships will likely become even more critical for shippers navigating an increasingly volatile freight environment.





