Our attorneys have a long history of handling trucking matters, including cases through trial. Frequently, these cases involve grave injuries and extensive damages and require an understanding of mechanical, technical, biomechanical, scientific and medical issues. In addition to their own experience in these cases, our lawyers have worked with experts in these fields who have consulted and/or appeared as experts in many types of trucking matters.
Our experience includes, but is not limited to:
- Representation of a trucking company whose employee allegedly sideswiped a vehicle, resulting in a contention of severe neurological damage to plaintiff. This involved an elaborate accident reconstruction in connection with the defense.
- Representation of a trucking company in a case where the truck driver allegedly overshot an off ramp at a high rate of speed and landed on top of the plaintiff's vehicle, crushing the top and necessitating plaintiff's removal from the vehicle with the "jaws of life." Plaintiff alleged brain damage, involving cutting edge scientific and medical issues including so-called "shearing" brain injury.
- Representation of litigants in significant cargo loss cases involving disputes regarding liquidated damages defenses for cargo losses under Bills of Lading authorized by the federal Carmack Amendment and parallel state laws. Specifically, we represented plaintiff in a case where there was no Bill of Lading for a dropped 747 jet engine, in which we recovered a judgment for about $2 million, the value of the engine. And, we also litigated an inland marine insurer's action against our client attempting to deny coverage based upon a claim of late notice. We obtained a favorable settlement for 80% of the policy limit.
- Handling matters involving trucking insurance brokers and insurance coverage under various types of policies for trucking risks, including representation of a major trucking insurance brokerage from Colorado in a matter where coverage for the insured was disputed by a short haul truckers liability insurer for operation outside of the policy's radius limitation. The case involved not only interpretation of the truckers' policy, but examination of the effect of the custom and practice of the insurer's managing general agent regarding "trip endorsements."
- Handling numerous coverage disputes (both in the opinion/denial letter stage and in litigation) arising out of large cargo losses.
- Trial of a trucking accident which resulted in a favorable settlement prior to verdict, in which we maintained our cross-complaint against a remaining defendant, who lost at trial. The defendant thereafter attempted to settle after verdict and receive a determination of good faith settlement, which we opposed on appeal, resulting in a reported appellate decision favorable to our client.