AREAS OF PRACTICE

TRUCK/MOTOR CARRIER LITIGATION

Companies in the trucking and transportation industries are faced with many challenges running their business due to the vast number of laws and regulations governing their operations. An incorrect decision today may cost a tremendous amount of time and money in the future. Our Truck/Motor Carrier Litigation Practice Group spans across all six of our offices and combines a teamwork approach in providing expert advice prior to important decisions involving litigation and transactional matters. Joe Feehan and Matt Hefflefinger are co-chairs of this firm wide group.

Our attorneys defend trucking and motor carrier companies in state and federal court and before administrative agencies with respect to all areas of civil litigation. We handle all aspects of a case including investigation, witness preparation, administrative agency proceedings, pre-trial, trial, and appellate work.

A prompt and detailed investigation after an accident is necessary in today's legal environment. Our attorneys are available to immediately respond to an accident situation in order to preserve valuable evidence, conduct interviews of witnesses and law enforcement, and coordinate any additional investigation which may be needed. Our attorneys can promptly retain highly qualified accident reconstructionists and other necessary experts to assist us in investigating the accident scene and vehicles.

Heyl Royster's reputation and extensive experience provides our clients with the best and most current legal advice and expertise. Our attorneys have extensive trial and appellate court experience. The attorneys in our Truck/Motor Carrier Practice Group are members of various organizations which support the trucking industry, including the Trucking Industry Defense Association (TIDA). We work closely with industry professionals, taking full advantage of their scientific and technical expertise for the benefit of our clients. We develop extensive defense strategies which emphasize resolving litigation in an efficient and cost-effective manner.

Listed below are some of the areas where we represent trucking and motor carrier companies:

  • Administrative Agency Processes and Procedure
  • Federal Motor Carrier Safety Administration
  • Illinois Department of Transportation
  • U.S. Equal Employment Opportunity Commission
  • U.S. Department of Labor
  • Illinois Department of Human Rights
  • Illinois Human Rights Commission
  • Illinois Educational Labor Board
  • Illinois Public Labor Board
  • Illinois Department of Labor

Representative Clients

ABF Freight System, Inc.

American Trucking & Transportation Insurance Company ("ATTIC")

Canal Insurance Company

Carolina Casualty

Coca-Cola Enterprises, Inc.

Comcar Industries

Cottingham & Butler/SISCO

G&D Transportation

Great Dane Trailers

Great West Casualty

J.B. Hunt

Midwest Coast Transport

National American Insurance Company

Navajo Express, Inc.

Occidental Fire & Casualty of North Carolina/IAT Specialty

RLI Transportation

Tyson Foods

U.S. Xpress, Inc.

U.S.A. Truck

Significant Cases

  • Knight v. Smithway Motor Xpress, Inc. Case No. 08-4046 Trucking accident litigation involving serious injuries with a complicated recovery. There were multiple parties involved with claims for punitive damages and spoliation of evidence. We represented the bailee of the trailer involved in the accident, a concrete pre-cast manufacturer. It was alleged that the trailer involved had various brake problems arguably contributing to the accident. Complex case with a favorable settlement reached for our client through mediation.
  • Barrick v. Grimes 308 Ill. App. 3d 306 (4th Dist. 1999) Affirming jury verdict for truck driver in vehicular collision lawsuit.
  • Miller et al. v. Koch (1993), Madison County, four week trial of multi-party death and serious injury claim.
  • Jalel Hanafi v. Tri-Hi Transportation, Inc. McLean County, 03 L 200 Jury trial of a trucking accident with chronic pain claims involving testimony from fourteen physicians. Verdict for plaintiff was in line with case evaluation and less than the offer of settlement prior to trial.

Publications

  • "Punitive Damages in Trucking Litigation: Recognizing Risk and Assessing Exposure," DRI, In Transit - The Newsletter for the Trucking Law Committee (2012) - Download Article

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