Transportation Litigation

Our transportation industry clients come from every area: aviation, motor carrier, railroad, maritime, oil and gas, and automotive, including dealerships and manufacturers. They are not just the providers, but also the consumers and intermediaries: manufacturers, distributors, forwarders, brokers and logistics consultants. Each company's litigation needs are different, and we strive to meet every challenge by partnering with our clients and seeking the best possible resolution. Our commitment to understanding a client's business enables us to handle the matters at hand, anticipate the issues, and help our clients make smarter decisions.

Transportation industry litigation often stems from personal injury or property damage resulting from accidents. We make it a priority to be available 24 hours a day, every day, so that we can be on the scene of the accident within hours, whether that scene is a motor carrier accident on a distant interstate or a tanker collision in the Gulf of Mexico. We evaluate the gravity of an accident; counsel and protect the company and its employees; preserve evidence; work with law enforcement personnel; identify and interview witnesses; arrange for local adjusters, photographers, reconstructionists and other experts as needed; and use our experience to anticipate and avoid issues detrimental to the company.

No matter the type of litigation, our willingness to take difficult cases to trial, and our reputation for winning them, places our clients in the best possible position with opposing parties in settlement negotiations or trial.

Representative Matters

• Defended national less-than-truckload carrier in wrongful death case. Case involved allegations of driver error, negligent hiring and training, and failure to maintain equipment properly. Jury verdict in favor of client.
• Oversight of Emergency Response Program for national less-than-truckload motor carrier in Southeastern states. Coordinate rapid response team of attorneys, investigators and experts in a five-state area to investigate and reconstruct accidents, evaluate exposure and either prevent or minimize claims. Efforts in 2004 headed off a number of wrongful death and catastrophic personal injury cases/claims and, in several instances, resulted in the motor carrier recovering its property damage from the adverse parties.
• Defended motor carrier in wrongful death action arising out of catastrophic accident wherein the driver was charged with fleeing the scene of an accident with injuries; the driver was demonstrably unqualified under the DOT regulations under aggravating circumstances; and the driver was alleged to have given an altered/tampered post-accident drug test specimen. The motor carrier was charged with negligent/wanton hiring, retention and supervision, as well as negligent/wanton entrustment. Successfully worked with criminal counsel to prevent the driver from being placed in position of making Hobson's choice on whether to assert 5th Amendment privilege against self-incrimination in a civil case. Obtained reasonable, but confidential, settlement well below limits of first layer of insurance coverage.
• Represented rail carrier in multi-plaintiff and multi-defendant FELA asbestos case seeking millions of dollars in damages from all parties. Resulted in nuisance value settlement of claims against client.
• Managed occupational claims litigation for major railroad in Alabama and Georgia including coordination of multi-jurisdictional discovery and expert testimony.
• Obtained defense verdict for automobile manufacturer in rear-end collision case involving plaintiff who claimed complete and total disability resulting from injuries incurred in accident.
• Defended major automobile manufacturer and off-road heavy equipment company in breach of warranty/contract claims.
• Defended major industrial off-road equipment manufacturer in crash-worthiness wrongful death case. Case settled for nuisance value after mistrial due to hung jury.
• Successfully defended lift truck manufacturer in roll-over/seatbelt case. Plaintiff's attorney voluntarily dismissed lift truck manufacturer after summary judgment motion filed on basis of failure to prove defect and expert disqualification.
• Represented owners, hull and machinery underwriters and P&I Club of a passenger ship involved in a major collision with a bulk carrier at the mouth of the Mississippi River. Substantial hull, machinery and detention damages were sustained by the ships, numerous personal injuries and property damage claims were filed as a result of the collision, and a class action was asserted on behalf of the 1,200 passengers on board the cruise ship. The bulk carrier was found 90% at fault for the collision and the clients were awarded damages of approximately $12 million.
• Represented a ship owner and P&I Club in a personal injury case involving a longshoreman who sustained crushing injuries when a cargo of zinc ingots collapsed on him during discharge operations. Substantial award to injured longshoreman was reversed on appeal and judgment was rendered in favor of the ship owner.