Trucking accidents have two qualities that make them attractive to personal injury attorneys: big damages and big insurance. And if you have a client who was injured in a trucking accident, the allure of a defendant with deep pockets may have you asking why you can’t handle the case yourself. But before you get started, there are many potential traps for the unwary that can substantially limit your recovery or prevent you from recovering at all.
- Is your claim preempted? Interstate—and even intrastate—trucking are often governed by federal law. If you aren’t prepared to argue why your claim should not be preempted by a federal statute, your case may be over before it starts.
- Who are you suing? Many trucking companies work for third-party logistics organizations or larger companies like Amazon. These supervisory companies often have the means to pay what your client deserves. But holding them responsible for the negligent acts of their independent contractors can be—indeed, is designed to be—exceedingly difficult.
- What’s your theory of liability? Big shipping and logistics companies know the law and they know how to use it to protect themselves. You need to be flexible and creative with your theories of liability because these defendants have seen it all before.
- Who are your experts? In many cases, expert witnesses who have knowledge and experience working within the trucking industry are indispensable for building a case against trucking companies and third-party companies. These experts can help establish failures with respect to training, supervision, and policies and procedures.
