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Home  /  The Courtroom  /  Commercial Transportation & Trucking Defense
IN THE COURTROOM

Commercial Transportation & Trucking Defense

Rapid response for motor carriers, including when the insurer is not stepping in.

Why Trucking Cases Are Different

Commercial transportation defense is the representation of motor carriers, trucking companies, and transportation businesses in claims arising from collisions and operations.

These cases differ from ordinary vehicle claims in three respects. The exposure is larger, because commercial policies carry higher limits and plaintiff firms know it. The evidence is electronic and perishable (electronic logging data, telematics, engine control module data, and dashcam footage frequently overwrite or cycle within days). And the scope of enquiry is far wider: hiring, training, supervision, maintenance, and hours-of-service compliance all come into play alongside the collision itself.

That last point is what surprises operators. A defensible collision can become an indefensible case if the driver qualification file is incomplete or the maintenance records do not support the inspection schedule.

Why Trucking Cases Are Different

What We Handle

Collision defense

Claims arising from commercial vehicle accidents, including serious injury and fatality matters.

Negligent hiring and supervision

Direct claims against the carrier separate from the driver's conduct, often the more dangerous allegation.

Cargo claims

Damage, loss, and delay claims arising from carriage.

Regulatory and compliance issues

Hours of service, driver qualification, and maintenance compliance as they arise in litigation.

Uninsured and denied coverage matters

Representation where the carrier has no coverage, coverage is disputed, or the insurer has denied.

Contract disputes

Broker, shipper, and owner-operator agreements, including indemnity and insurance provisions.

Owner-operator issues

Classification, lease agreements, and the liability questions that follow from both.

Insurers and TPAs

Defending insured carriers and coordinating with claims teams.

Call Immediately

  • Within hours of a serious collision. This is the single most time-critical practice area in the firm
  • Before the vehicle is repaired, returned to service, or released
  • Before the driver gives a statement to anyone other than counsel
  • When a preservation letter arrives, which for serious collisions is often within days
  • When your insurer has denied, reserved rights, or is disputing coverage on a claim

How We Defend These

Respond the same day

Electronic data cycles, vehicles get repaired, and scenes are cleared. A defense built from data captured on day one is a fundamentally different case from one reconstructed in month six.

Get the file in order before it is requested

Driver qualification, training records, maintenance history, and hours-of-service data will all be demanded. Knowing what they show before the other side does is the difference between managing a problem and being ambushed by one.

Defend the company, not only the collision

Negligent hiring, training, and supervision allegations target the business directly and frequently carry more exposure than the underlying accident.

Who Does This Work

Jordan W Gerheim

Jordan W Gerheim

Commercial transportation defense alongside a broad civil defense practice spanning insurance, product liability, and catastrophic injury.

Benjamin N. Kearns

Benjamin N. Kearns

Insurance defense, personal injury, and wrongful death litigation, including commercial vehicle matters.

William R. Lancaster

William R. Lancaster

Four decades defending civil damage claims including automobile and industrial accidents, with more than a hundred cases tried to judgment.

The First 24 Hours After a Serious Collision

1. Call counsel and your insurer

Before anything else and before any statement. Rapid response exists for exactly this moment.

2. Preserve the electronic data

ECM, ELD, telematics, and dashcam. Much of it overwrites on a cycle measured in days, and some of it requires a download before the vehicle moves.

3. Do not repair or release the vehicle

It is evidence. Returning it to service or repairing it before inspection can create a spoliation problem worse than the collision.

4. Secure the driver's account properly

Through counsel. A well-meaning recorded statement given to an adjuster or an investigator on day one is very difficult to work around later.

5. Pull the file

Driver qualification, training, hours of service, and maintenance history. Know what it shows before anyone requests it.

6. Get someone to the scene

Photographs, measurements, road conditions, and witnesses, before the scene is cleared and the conditions change.

How These Matters Are Billed

Usually carrier-directed
Where a policy responds, defense is typically covered and we work within the coverage arrangement and its guidelines.
Direct engagement where coverage is not available
Where there is no coverage, coverage is denied, or limits are exceeded, we act for the carrier directly, at discounted rates for Partner clients.
Rapid response first
For serious collisions the response happens immediately. Engagement paperwork follows; it does not precede.
FAQ

Frequently Asked Questions

A truck of ours was in a serious accident an hour ago. What do I do?

Call us and call your insurer now (251-217-9733). Then do not repair or release the vehicle, preserve the electronic data before it cycles, and do not let the driver give a recorded statement to anyone until counsel is involved. Everything else can wait; those four things cannot.

Our insurer denied coverage. Can you still defend us?

Yes. We represent carriers directly where there is no coverage, where the insurer has denied, or where a claim exceeds limits, and we can examine the denial itself, since coverage disputes are a core part of our insurance practice. An operator facing a claim without an insurer behind them is exactly the situation this page exists for.

Why are they suing the company as well as the driver?

Because claims against the carrier for negligent hiring, training, supervision, or maintenance are separate from the driver's conduct and frequently carry more exposure. They also open up the company's records to examination, which is why the state of your driver qualification and maintenance files can matter more than the collision itself.

How long do we have to preserve the data?

Start now, not when a letter arrives. The duty to preserve begins when litigation is reasonably anticipated, which after a serious collision is immediately. Electronic data that overwrites on a normal cycle after you knew a claim was likely creates a spoliation argument that can be worse than the underlying case.

Should we have a post-accident protocol?

Yes, and it is one of the cheapest risk reductions available to a carrier. A one-page written procedure telling dispatch and management exactly who to call and what to preserve turns a chaotic night into a managed one. We will help you write it.

If It Just Happened, Call (Do Not Book)

Call 251-217-9733 now. For everything else, book a Risk-Free Strategy Session and we will help you build the protocol before you need it.

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