Rittgers Rittgers & Nakajima

Arousal Mitigation and Defending CSAM Charges In A Digital Age

2026-08-04T18:41:30Z

In our criminal defense practice, we frequently represent individuals who never imagined they would be facing a federal or state investigation. Many of these cases follow a strikingly similar pattern: a habit that began with legal, mainstream pornography that gradually spiraled into the possession of illegal child sexual abuse materials or CSAM. If you are currently under investigation or fear your digital trail has crossed a legal line, understanding the mechanics of escalation is vital—not just for your mental health, but for your legal defense.

The Phenomenon of "Arousal Migration"

The legal system often views the possession of Child Sexual Abuse Material (CSAM) as a black-and-white issue of intent. However, from a defense and clinical standpoint, it is often the result of habituation. As a person develops a compulsive relationship with pornography, the brain’s reward centers can become desensitized. What was once stimulating becomes mundane. This leads to a "search for novelty" where the user seeks out increasingly taboo or extreme content to achieve the same physiological response. In legal terms, we see this manifest as:

Decreased Shock Value: Material that was once repulsive becomes a curiosity.
The "Click-Hole" Effect: Algorithms and peer-to-peer sharing can push a user from legal sites to "darker" corners of the web in seconds.
Blurred Boundaries: The transition from extreme legal adult content to illegal material is often a blur rather than a conscious "jump."

The Legal Reality: Ignorance is No Defense

Both state and federal statutes prohibiting possession of child sexual abuse materials are incredibly strict. In many jurisdictions, "I didn't realize it was illegal" or "I was just looking for something more intense" does not provide a complete defense against charges of possession or distribution. However, understanding the psychology of addiction can be a critical component in mitigation. Demonstrating that a client was caught in a cycle of escalation rather than acting with predatory intent can sometimes influence sentencing or the direction of a case.

Supporting Research: The Evidence of Escalation

When building a defense strategy, we look to established studies to explain why a client’s behavior changed over time.

Tolerance/Escalation: Explains why a defendant moved from "mainstream" to "extreme" content over a specific timeline.
The Novelty Seeking Model: Provides context for the "accidental" discovery of illegal material through compulsive searching.
Compulsive Sexual Behavior Disorder (CSBD): Recognized by the World Health Organization’s classification of diseases as an impulse control disorder rather than an addiction, can be a key factor in seeking treatment-based alternatives to incarceration.

Why You Need Immediate Legal Counsel

If you suspect that you have downloaded illegal material, or if law enforcement has seized your devices, the time to act is now.

Do Not Delete Evidence: This can lead to additional charges of "Tampering with Evidence" or "Obstruction of Justice”.
Remain Silent: Anything you say to investigators—even if you are trying to explain the "escalation" mentioned above—can and will be used against you.
Hire a Criminal Defense Firm: You need an attorney who understands both digital forensics and the psychological nuances of these cases. Our firm provides a judgment-free environment to discuss your situation. We work with forensic experts and psychologists to build a comprehensive defense that accounts for the complexities of digital addiction and escalation.

How do you know if you have a personal injury claim in Ohio?

2026-07-30T14:22:58Z

If you suffered an injury in an Ohio accident, you may wonder whether you have a valid personal injury claim. While not every accident results in legal liability, you may have the right to seek compensation if another person's negligence caused your injuries. Understanding the basic elements of a personal injury claim can help you evaluate your legal options and protect your rights.

Negligence is the foundation of most claims

Most personal injury cases in Ohio rely on negligence. To recover compensation, you generally must prove that another party failed to use reasonable care and that their actions caused your injuries.

A valid claim typically requires you to establish that:

The other party owed you a duty of care
They breached that duty through negligent conduct
Their actions directly caused your injuries
You suffered measurable damages

If you cannot prove these elements, you may not have a successful claim.

Common accidents that may give rise to a claim

Many different types of accidents can support a personal injury claim when negligence plays a role. Common examples include:

Car, truck, and motorcycle accidents
Slip and fall accidents
Pedestrian and bicycle collisions
Dog bites
Medical malpractice
Workplace accidents involving third-party negligence

Each case depends on its unique facts, so similar accidents can produce different legal outcomes.

Ohio's comparative negligence rule

Ohio follows a modified comparative negligence system. This means that you can recover damages as long as your share of fault is 50% or less. You may still recover compensation if you share some responsibility for the accident, provided your percentage of fault does not exceed the legal limit. If you qualify, the court reduces your compensation according to your share of the fault.

For example, if you are 20% responsible for the accident, you generally can recover 80% of your damages.

What compensation may you recover?

If you have a valid claim, you may recover compensation for losses such as:

Current and future medical expenses
Lost income and diminished earning capacity
Rehabilitation and ongoing medical care
Physical pain and emotional suffering
Property repair or replacement costs

The amount you recover depends on the severity of your injuries and how they affect your daily life.

Why legal guidance matters

Determining whether you have a valid personal injury claim often requires a careful review of the facts and applicable law. An experienced Ohio personal injury attorney can evaluate your case, explain your legal rights, and help you pursue the compensation you may recover.

If you suffered an injury in Ohio, speaking with a lawyer as soon as possible can help you preserve evidence, understand your legal options, and build the strongest claim possible.

Understanding How Comparative Fault Can Impact Your Case

2026-07-29T19:57:27Z

In Ohio, your personal injury recovery depends directly on your percentage of fault under the state’s modified comparative negligence law. Under Ohio Revised Code Section 2315.33, you can still recover compensation if you were partially to blame for an accident, but your final payout will be reduced by your share of the fault. However, if your responsibility crosses a specific legal threshold, you lose the right to recover any compensation at all. Understanding how comparative fault works under Ohio law is critical, as insurance companies routinely use this rule to minimize their financial liability.

The 51% Bar: Ohio’s Cutoff Rule

Ohio operates under a modified comparative negligence system. This law establishes a strict cutoff point for recovering financial damages:

Under 51% Fault: You can legally recover damages from the other negligent parties, minus your percentage of blame.
51% Fault or Greater: You are completely barred from recovering any financial compensation.

Think of it as a scale. If a jury determines that you were 50% responsible for a car accident and the other driver was 50% responsible, you can still collect half of your damages. However, if the needle shifts just one percent, making you 51% at fault, your case is legally over, and you receive nothing.

A Contrast with Neighboring States: Kentucky

It is vital to know that these laws vary heavily by state line. For example, just across the river, Kentucky operates under a "pure" comparative fault system governed by Kentucky Revised Statutes Section 411.182. Unlike Ohio, Kentucky does not have a 51% cutoff bar. In Kentucky, an injured victim can be 99% at fault for an accident and still legally recover 1% of their damages. Ohio claims require a much higher burden of proving the other party held the majority of the blame.

How Financial Reductions Work in Practice

When you are found partially at fault in Ohio, your financial award is reduced by a percentage equal to your share of the blame. Imagine you are injured in an Ohio car accident, and your total damages equal $100,000:

Scenario A: The other driver ran a red light, but you were speeding. You are found 20% at fault. Your total award is reduced by 20% ($20,000), leaving you with a final payout of $80,000.
Scenario B: You pull out into an intersection, and an oncoming speeding driver hits you. If a jury determines you were 51% responsible for failing to yield, your final payout drops to $0.

Comparative Fault in Settlements vs. Judgments

The mechanics of comparative negligence apply to both out-of-court insurance settlements and formal courtroom judgments.

In Insurance Settlements

Before a case ever reaches a courtroom, insurance adjusters use Ohio’s comparative fault law as a weapon to lower their payouts. Adjusters actively search for text logs, witness statements, or dashcam footage to pin even a small fraction of blame on you. If they can convince you that you share 30% of the blame, they will immediately deduct 30% from their settlement offer.

In Courtroom Judgments

If your case goes to trial, the allocation of fault is placed entirely in the hands of a judge or jury. Under Ohio Revised Code Section 2315.34, the jury must explicitly state the total amount of damages and the exact percentage of fault attributable to every party involved. The court then does the math and reduces the judgment automatically based on those findings.

Why an Attorney is Essential for Your Case

An experienced attorney protects your claim from being picked apart by opposing parties through specific, aggressive actions.

Combating Blame-Shifting Insurance Tactics: Insurance companies are businesses designed to minimize payouts. Adjusters frequently use friendly conversations to trap you into making seemingly innocent apologies or statements that they later twist into admissions of fault to artificially inflate your blame percentage. An attorney acts as a legal shield, taking over all communications so you do not accidentally damage your case.
Aggressive Evidence Collection: Proving the other driver holds the majority of fault requires objective evidence that is difficult for a civilian to obtain. A lawyer knows how to quickly secure traffic camera footage, subpoena cell phone records, pull vehicle black box data, and track down eyewitness statements before they vanish.
Utilizing Accident Reconstruction Experts: When liability is a game of "he-said, she-said," experienced lawyers often collaborate with professional accident reconstructionists. These experts analyze skid marks, vehicle impact angles, and crush dynamics to scientifically prove how the crash occurred, forcing insurers to back down from unsupported fault allegations.

Be sure to consult with an experienced personal injury lawyer to fight unfair blame and protect your rights. An aggressive legal advocate can shield you from deceptive adjusters and be certain you are compensated fairly.

What an NFL Coach’s Car Accident Can Teach You About Ohio’s Distracted Driving Law

2026-07-29T19:31:01Z

Football season is finally here, and with training camps underway, one of the biggest NFL stories of the summer hasn't been about the roster. It's been about a car crash. San Francisco head coach Kyle Shanahan (who, for my money, is the best offensive playcaller in the league, but I digress) was seriously hurt in an accident just before camp opened. Then came the follow-up: according to reporting Shanahan was holding and using a cell phone at the moment of the crash. He wasn't cited, and by most accounts the other driver was at fault for swerving into his lane. But Shanahan still walked away with a broken nose, a broken hand, broken ribs, a serious concussion, and 40 stitches. That's a California case, and California has its own rules about phones behind the wheel. But it's worth asking the question a lot of our clients ask us after a crash: what happens under Ohio law when the other driver was on the phone?

Ohio's Rule Is Broader Than People Think

Ohio Revised Code 4511.204 doesn't just target texting. It says: "No person shall operate a motor vehicle...while using, holding, or physically supporting with any part of the person's body an electronic wireless communications device." R.C. 4511.204(A). Read that closely, and you'll notice it doesn't say anything about typing or scrolling. Just holding the phone while driving is enough to violate the statute. There are a fair amount of exceptions that water down this rule: for example, a driver can hold a phone while stopped at a red light R.C. 4511.204(B)(3); a driver can hold the phone up to an ear for a call, as long as they're not typing anything into it R.C. 4511.204(B)(3); and a driver can use speakerphone, as long as the phone itself isn't being held or propped against the body, R.C. 4511.204(B)(6).

Why This Matters More Than the Ticket

A first violation of R.C. 4511.204 only carries a fine of up to $150 and two points on a license. That's not much of a deterrent on its own. Where the statute really matters is in a civil case after someone gets hurt. Normally, if you're injured in a crash and you sue the other driver, you have to prove they owed you a duty, breached it, and caused your injury. Proving "breach" — that the other driver acted unreasonably — is often where these cases get fought the hardest. Ohio has a shortcut. The Ohio Supreme Court has held that when a rule "has been established by legislative enactment," a jury can decide whether it was violated "by finding a single issue of fact," and that a violation "is negligence per se." Chambers v. St. Mary's School, 82 Ohio St.3d 563, 565 (1998). What that means in plain terms: if a driver violated R.C. 4511.204, you don't have to separately convince a jury that holding a phone while driving was careless. The legislature already decided that for you. The violation itself establishes duty and breach. That doesn't mean the case is won. You still have to show the violation actually caused the crash, and that you suffered real damages because of it. If someone was holding a phone but the wreck happened for a completely unrelated reason, the phone violation alone won't carry the case. But when the phone use lines up with how the crash happened, negligence per se can make a real difference in how quickly liability gets established.

What To Do If You're Hit By a Distracted Driver

Football season means more people on the road — more commutes, more tailgates, more Sunday traffic. Distracted driving crashes tend to climb right along with it. If you're hit by someone who was on the phone, the phone records and any citation (or lack of one) matter. So does getting an attorney involved early, before that kind of evidence becomes harder to pin down. If you or someone you love has been injured by a distracted driver in Ohio or Kentucky, the attorneys at [nap_names id="FIRM-NAME-1"] are available to review your case and explain your options. Call [nap_phone id="LOCAL-REGULAR-NUMBER-1"] for a free consultation.

Can I Get My Criminal Record Sealed or Expunged in Ohio?

2026-07-21T19:04:06Z

In the mid-to-late nineties when I was a student at the University of Cincinnati College of Law, I played our school’s rugby team, also known as the “Exchequer Ruckers.” For those of you who are unfamiliar with graduate school and non-NCAA college rugby, essentially it is a beer-soaked athletic endeavor chock full of songs, beer, camaraderie, and male nudity. Beer is consumed before, during, and after the games from kegs on the sidelines, and the songs that are at the post-game parties often involve players taking off all their clothes, running around the pitch, and being chased by teammates who drench those players in whatever beer is on hand. In addition to being a lot of fun, it was also a magnet for small, relatively minor interactions with law enforcement—think underage consumption, disorderly conduct, public indecency and the like—things that might have one brought in front of a court to receive a finger shaking, pay a small fine and be on one’s way.

How Did Record Sealing Work under Older Ohio Laws?

The number of friends I had in college and law school who have experienced this on account of rugby is more than zero, but less than a hundred, but most of them at this point in their lives have cleared their record through a process called record sealing. Back in the late nineties and the early aughts, record sealing was the only process available to you as a criminal defendant with a conviction to prevent the public from seeing your record, as the process involves hiding or “sealing” your criminal history from the general public and criminal background checks. While the documents still exist, they are only accessible for extremely limited purposes by a very narrow subset of people, and the court rules that as a matter of law, the incident never occurred. The problem for a lot of people is that the rules governing record sealing were fairly strict, in that if one had more than a single conviction of any sort one was deemed to be an “ineligible offender” and could not have a record sealed.

Who Qualifies for Expungement or Record Sealing Under Current Ohio Eligibility Rules?

As the years rolled by, the legislature expanded the definition of eligible offender to include people with two convictions—either one felony and one misdemeanor or two misdemeanors, and even later increased the number of convictions but would bar applicants who were convicted of certain types of offenses. After many different iterations, the current state of the law looks at whether or not the offense that the applicant is requesting to have sealed is eligible, and not the offender- so the number of offenses that a person has won’t preclude them from having their record sealed. So if you have applied for an expungement in the past and have been denied because you had too many offenses or because one of your offenses was disqualifying, you may be eligible now because of these changes. What’s more, about four years ago the legislature added the remedy of expungement to the tools available to a criminal defendant. After a waiting period, for eligible offenses you are now able to not only get your cases sealed, but you can also have every single government record that references them destroyed. Not only does this create a legal space where as a matter of law the incident never happened, but it removes and destroys all government records referencing that incident. Certain offenses are excluded from both expungement and record sealing (e.g. certain domestic violence convictions, OVI/DUIs, high level felonies and felony crimes of violence, to name a few) but with those exceptions it would appear that a substantial portion of the criminal code is now available for sealing or expungement.

What Are the Next Steps to Clear an Old Conviction From Your Record?

Record sealing and expungement are sometimes a very straightforward process that involves filling out a form, paying an application fee to the court and getting a court date—but the ease or difficulty involved in obtaining them vary greatly depending upon the jurisdiction that one finds themselves in and the judge or magistrate one finds themselves in front of. If you are someone with an old conviction on your record, it wouldn’t hurt at all to talk to an attorney to see if you are eligible, because that time you got at ticket for public intoxication on a rugby field when you were 20 shouldn’t have any bearing on your life when your own kids are halfway through college (and hopefully making better decisions that you did). While the law still has a way to go, very, very few people should be forever defined by the dumbest thing they’ve ever done, and now the law has greatly expanded to make that a possibility for hundreds of thousands of people who were otherwise ineligible.

Steps to Take If You Suspect Nursing Home Abuse or Neglect in Ohio

2026-07-13T15:47:03Z

You placed your trust in the nursing home to care for your loved one. You expected safe, competent care. Too often that trust is misplaced. A loved one is neglected, and the family has no idea what to do next or how to hold anyone accountable. If something feels wrong, that feeling is worth acting on.

Step One: Request the Medical Records Now

Ask for the complete set of medical records through a medical records request while your loved one is still living. Once a resident passes away, getting records becomes a slow and expensive process; the family usually has to open an estate and appoint a representative before the facility will release anything, and the clock is already running. Requesting now is faster and cheaper, and the written request itself creates a timestamp showing exactly when the facility was put on notice. Keep a copy of the request.

Step Two: Document Everything and Take Photographs

Take photos today, and again over the next several days as bruising changes color or a wound changes stage. Capture the room, the call light, the bed rails, the conditions your loved one is living in. Write down what you saw, when you saw it, and the names of the staff you spoke with. If your loved one can communicate, write their words down as close to verbatim as you can get them. A note written the same day carries far more weight than a memory reconstructed six months later.

Step Three: Report It

You do not need proof. A reasonable concern is enough, and reporting to more than one agency is protective, not redundant.

Ohio Department of Health Complaint Hotline: 1-800-342-0553. ODH has jurisdiction over licensed nursing homes and can open an unannounced investigation./li>
Ohio Long-Term Care Ombudsman: 1-800-282-1206. The Ombudsman advocates directly for the resident and can work an issue even while an ODH complaint is pending.

Step Four: Preserve the Evidence and Call a Lawyer

Nursing home records do not last by nature. Staffing schedules, incident reports, hallway video, and care-plan revisions can all be overwritten or "misplaced" as time passes. A lawyer can send a spoliation letter putting the facility on formal legal notice to preserve personnel files, incident reports, video, and staffing records before they disappear. Move quickly. In Ohio, nursing home neglect is frequently treated as a medical claim, which carries a one-year statute of limitations, one of the shortest deadlines in Ohio law. Waiting can end the case before anyone has looked at it. And if the facility's insurer or risk manager reaches out to you first, you are not required to give a recorded statement or sign anything. Talk to a lawyer before you talk to them. You do not have to be certain, and you do not have to figure it out alone.

Can I lose my professional license for an OVI in Ohio?

2026-07-01T21:34:01Z

In Ohio, an Operating a Vehicle While Impaired (OVI) case can affect more than just a driver’s license. Licensed professionals, including nurses, physicians, teachers, and others, often worry whether a single mistake could jeopardize their professional careers. For licensed professionals in Ohio, an OVI arrest, charge, or conviction does not automatically result in the loss of a professional license. However, depending on the profession and the circumstances surrounding the incident, it may trigger mandatory reporting obligations, a licensing board investigation, disciplinary proceedings, or other professional consequences.

When Should I Report an OVI to My Ohio Professional Licensing Board?

Ohio nurses are required to self-report certain criminal dispositions to the Ohio Board of Nursing. Specifically, a nurse must report an OVI conviction (including a conviction for Physical Control of a Vehicle While Under the Influence) within 30 days after a conviction, finding of guilt, or a determination of eligibility for a pretrial diversion program or intervention in lieu of conviction. The rule does not expressly require a nurse to report simply because an OVI charge has been filed. See Ohio Administrative Code 4723-7-08(A)(4) and (B).

Do I Have A Similar Duty to Self-Report to the Medical Board If I am a Doctor?

Yes. Ohio physicians are also subject to mandatory self-reporting requirements imposed by the State Medical Board of Ohio. Under Ohio Revised Code Section 4731.224, physicians must report criminal charges involving felonies, misdemeanors committed during the course of medical practice, offenses of violence, sexually-oriented offenses, and certain other specified offenses within 30 days after being charged. In addition, Ohio-licensed physicians must report any “conduct involving the use of a motor vehicle while under the influence of alcohol or drugs” within 30 days after being charged. Because the statute uses the broad phrase “use of a motor vehicle,” this reporting requirement includes a Physical Control offense as well.

How About Ohio Teachers?

Teachers are subject to different requirements. Although educators must truthfully disclose criminal and OVI history when required during the licensure or renewal process, Ohio law generally does not impose a comparable self-reporting deadline requiring teachers to notify the State Board of Education upon being charged with or convicted of an OVI or crime. See Ohio Revised Code Section 3319.313 and Ohio Administrative Code 3301-73-21. Instead, Ohio Revised Code Section 3319.313 requires school superintendents, governing authorities, and certain other officials to report specified criminal convictions, diversion dispositions, and professional misconduct involving licensed educators to the Ohio Department of Education and Workforce.

What Information Can My Licensing Board Consider During the Disciplinary Process?

Ohio licensing boards often consider far more than the criminal charge itself. Depending upon the profession, the board may evaluate certain factors, including but not limited to the following:

The facts and circumstances surrounding the arrest
Whether bodily injury, physical injury, financial harm, or other damages occurred
The professional’s prior disciplinary or criminal history, if any
The professional’s honesty, candor, and cooperation during the investigation and disciplinary process
Any treatment, counseling, or rehabilitation efforts
Whether the conduct undermines public confidence in the profession
The sincerity of the professional’s remorse
Any mitigating circumstances or other unique personal factors that contributed to the incident

These considerations help the licensing board determine whether the incident represents an isolated lapse in judgment or raises broader concerns regarding public safety and professional fitness.

What Disciplinary Actions Are Possible?

Though not every OVI or criminal offense results in professional discipline, disciplinary action may include:

A warning or public reprimand
Required monitoring, treatment, or substance abuse counseling
Probation or practice restrictions
A temporary suspension of the professional license
Permanent revocation of the license in the most serious cases.

Of course, every case is different. And because each Ohio licensing board operates under its own statutes and administrative rules, the same OVI incident may result in different consequences for different licensed professionals.

How Can I Protect My Professional License After an OVI Charge?

When a professional career depends upon maintaining a license, missed reporting deadlines or procedural mistakes can sometimes create consequences that are just as—if not more—serious than the underlying OVI offense itself. This is why prompt attention to reporting obligations, careful compliance with board rules, and maintaining complete copies of court and licensing documents can substantially improve a professional’s position during any disciplinary review. The experienced attorneys at [nap_names id="FIRM-NAME-1"] can help ensure compliance with applicable reporting requirements, while protecting both, the criminal case and the professional license. If you are a licensed Ohio professional and have been charged with an OVI or criminal offense, the experienced criminal defense attorneys at [nap_names id="FIRM-NAME-1"] are available to provide a free consultation. Do not hesitate to contact us to discuss both, the criminal and professional licensing implications of your case

Can doctors be held liable when AI makes a mistake?

2026-06-30T19:35:10Z

Artificial intelligence changes modern medicine, yet even advanced software systems make bad mistakes. When a computer misreads a scan or suggests a wrong treatment, patients suffer serious harm. This technical shift leaves many Ohio residents wondering who faces the legal blame for these automated errors.

Human Responsibility in a Tech-Driven Practice

Ohio law holds doctors to a strict standard of care. Under Ohio law, physicians must use independent clinical judgment. They must apply this skill during every single patient visit. If a doctor blindly follows a flawed AI suggestion without checking the facts, that physician faces liability. The law treats AI as a helpful tool but it does not replace human skill. Ohio courts view these errors as malpractice because the professional failed to give acceptable care. A doctor cannot blame a machine for poor choices.

Financial Judgments and Professional Sanctions

When an Ohio court finds a doctor liable for an AI mistake, the practitioner faces major penalties. Patients who suffer harm can recover economic damages and these funds pay for medical bills and income losses. Victims can also get money for pain and suffering, though Ohio law caps these non-economic payouts. Beyond financial costs, a malpractice verdict ruins a doctor’s career. The State Medical Board of Ohio reviews these actions and they can take away the provider’s medical license.

Protecting Crucial Proof in the Digital Arena

Malpractice cases involving computers introduce difficult technical hurdles for malpractice victims. Hospitals often delete digital records, software logs and algorithm data very quickly. A skilled advocate knows how to send instant letters to save this vital electronic evidence and also prove that the doctor broke Ohio care rules. Having a skilled lawyer ensures that negligent parties answer for their choices. They fight for the settlement and justice that you deserve.

Supreme Court’s Montgomery v. Caribe Transport II Decision Makes America’s Highways Safer

2026-06-30T15:26:34Z

On May 14, 2026, the United States Supreme Court issued one of the most significant trucking safety decisions in years. In Montgomery v. Caribe Transport II, LLC, the Court unanimously ruled that freight brokers cannot use federal law as a shield against lawsuits alleging they negligently selected an unsafe trucking company to haul freight. For victims of catastrophic truck crashes, this decision represents an important step toward safer highways. It reinforces a simple but powerful principle: companies that profit from arranging transportation should use reasonable care when deciding which trucking companies they trust with thousands of pounds of freight traveling alongside the rest of us on America's roads.

What Is a Freight Broker?

Many people assume that the company transporting freight owns the truck, employs the driver, and deals directly with the customer. In reality, that often is not how the trucking industry works. Instead, manufacturers and retailers frequently hire freight brokers. A broker acts as the middleman between a shipper and a trucking company. The broker finds a carrier willing to move the load and is paid for arranging the shipment. A broker that repeatedly hires unsafe carriers increases the likelihood that dangerous trucks and poorly managed trucking companies will continue operating on public highways.

The Facts Behind the Case

The case arose after Shawn Montgomery suffered devastating injuries when a commercial truck struck his tractor-trailer while it was stopped on the shoulder of an Illinois highway. The collision resulted in the amputation of one of Mr. Montgomery's legs and other permanent injuries. Mr. Montgomery alleged that the freight broker, C.H. Robinson, should never have hired the trucking company involved because federal safety records allegedly showed serious deficiencies, including concerns involving driver qualifications, hours-of-service compliance, vehicle inspection and maintenance, and crash history. C.H. Robinson argued that federal law prevented any negligent hiring claim from being brought at all.

Understanding the Federal Preemption Issue

One of the more confusing issues in trucking litigation is something lawyers call federal preemption. Federal preemption is derived from the general principle that federal law overrules the laws of individual states. Congress passed a law known as the Federal Aviation Administration Authorization Act (FAAAA) to prevent states from imposing different economic regulations on the trucking industry. The goal was to create a more uniform national freight market by limiting state laws that regulate trucking prices, routes, and services. Some freight brokers argued that this law also prevented injured people from bringing ordinary negligence lawsuits against them after truck crashes. In other words, they claimed that because they provide transportation services, they could not be sued under state negligence law even if they carelessly selected an unsafe trucking company. The Supreme Court rejected that argument.

Why the Supreme Court Said These Lawsuits Can Continue

The Court focused on an important part of the FAAAA called the “safety exception.” Congress specifically stated that the law does not limit "the safety regulatory authority of a State with respect to motor vehicles." The Supreme Court explained that state negligence law has always been one of the ways states promote public safety. According to the Court, requiring a freight broker to use reasonable care when selecting a trucking company plainly concerns motor vehicle safety because the decision determines which trucks will be operating on public highways. Therefore, negligent hiring claims fall within the statute's safety exception and are not preempted by federal law. The Court emphasized that Congress intended to deregulate the economics of trucking—not eliminate traditional state authority to protect public safety.

Why This Decision Will Improve Highway Safety

Before Montgomery, some brokers boasted that they had little legal exposure for choosing carriers with poor safety records. If those arguments had prevailed nationwide, brokers would have had fewer incentives to carefully evaluate the companies hauling freight on America's highways. Now, brokers know that reasonable care matters. A prudent freight broker should expect to devote greater attention to questions such as:

Does the carrier have serious safety violations?
Does the carrier have a history of crashes?
Have federal regulators identified significant safety deficiencies?
Has the carrier demonstrated a pattern of poor compliance with federal safety regulations?
Should additional investigation be performed before entrusting this carrier with another shipment?

The Supreme Court did not hold that brokers automatically become liable whenever a truck crash occurs. Instead, the Court simply held that brokers, like everyone else, may be held responsible if they fail to exercise reasonable care and that failure contributes to someone being seriously injured.

Justice Kavanaugh Explained Why Accountability Matters

Although the Court's decision was unanimous, Justice Kavanaugh wrote separately to explain why allowing these lawsuits is consistent with Congress's goal of improving highway safety. He observed that federal law imposes relatively few safety-related obligations directly on freight brokers regarding the selection of motor carriers. If state negligence claims were also eliminated, brokers would effectively operate in what he described as a safety "black hole" with little meaningful accountability for unsafe hiring decisions. He also emphasized an important point for the industry: brokers that act reasonably and select reputable carriers should be able to defend these cases successfully. The decision does not impose automatic liability; it requires reasonable care.

What This Means for Injury Victims Going Forward

Trucking cases often involve multiple companies, each playing a different role in getting freight from one place to another. The Supreme Court's decision confirms that freight brokers are not automatically immune from responsibility simply because they did not own the truck or directly employ the driver. When evidence shows that a broker negligently selected an unsafe motor carrier, injured victims may now pursue those claims under state negligence law. The truck safety lawyers here at [nap_names id="FIRM-NAME-1"] celebrate the Court’s decision. Every company involved in commercial transportation—including freight brokers—should take reasonable steps to ensure that the carriers they choose can operate safely. The Montgomery decision reinforces that principle and should encourage better decision-making throughout the trucking industry, making our highways safer for everyone.

What if you are hit by an autonomous commercial vehicle?

2026-06-23T22:24:12Z

Driverless commercial vehicles, and the safety risks they bring with them, are here. According to the Wall Street Journal, there are at least nine autonomous-truck companies operating in the United States currently, including major players like PepsiCo. While Pepsi's Senior VP of Supply Chain asserts that driverless trucks are "more reliable than human drivers," the safety risks of this technology are immense. Look no further than the Tesla Model 3 that violently crashed into a house and killed a woman while in autonomous mode. A Tesla Model 3 weighs between 3,000 and 4,000 pounds. In fact, additional reporting has revealed that the steady increase in the average weight of even non-commercial vehicles explains why the U.S. has experienced a 75% increase in traffic fatalities over the last 10 years, unlike the rest of the world. A tractor-trailer is many times more dangerous because in the U.S. it weighs, on average, roughly 35,000 pounds—-the risk to the public is obvious.

Who is Held Liable for a Driverless Truck Accident?

Currently there are "no federal laws regulating autonomous vehicles" and thus they are governed solely by state regulations. As truck accident lawyers, we cannot stress enough how important it is that these interstate trucking companies be regulated to ensure the safety of the public. Who is to blame for a crash if there is no driver? Well, just like in any commercial vehicle case, it will be the trucking company that will ultimately be responsible. (It could also be the broker that connected the shipper with the trucking company, but that is a blog for another day.) The company is responsible for the vehicle's maintenance, its inspections, and, in today's world, its software and algorithms.

Uncovering Critical Evidence After a Crash

While you might be tempted to think that fewer drivers means less evidence if you are hit by an autonomous truck, remember that these vehicles now have "multiple cameras mounted at the front and back, as well as radar and lidar equipment that help determine what’s on the road," as the WSJ reports. These are vital sources of information about how the crash occurred, and often only with an experienced truck accident lawyer will you ever have a chance of retrieving these videos before they are destroyed. Many of these trucks, while operating autonomously, often have a human "safety driver" present in the vehicle that is watching and overseeing the new technology. These individuals would be key witnesses in any collision—-again, often an attorney will be needed to sleuth out whether such a person was present.

The Importance of Specialized Expert Witnesses

Finally, the technological component of these autonomous commercial vehicles will require specialized experts to immediately examine the vehicle and download any relevant data. An experienced attorney is your gateway to hiring such an expert to build your case if you are injured in a crash with an autonomous vehicle. There is no stopping the autonomous vehicle revolution, but there should also be no stopping your right to recover for all harms and losses that you incur due to a collision with one of these vehicles. If you have been a victim of an autonomous commercial vehicle crash, contact [nap_names id="FIRM-NAME-1"] for a free case evaluation.