Attorneys from Richards Brandt are members of the Trucking Industry Defense Association, the Utah Trucking Association and the Defense Research Institute. They have the experience to assist you or your company with issues arising out of the operation of commercial vehicles, public transportation or related areas.

  • Commercial Vehicle Personal Injury Accidents
  • Commercial Vehicle Property Damage Claims & Insurance Coverage
  • Federal Motor Carrier Safety Administration (FMCSA), CFR 49
  • Commercial Vehicle Hiring and Employment Issues
  • Public Transportation Defense Issues

 

Commercial Vehicle Personal Injury Accidents
Defending companies against personal injury claims is a significant focus in our practice. Commercial vehicle drivers and their companies are targets for personal injury claims, sometimes before an accident occurs. Our attorneys are committed to defending you and your company.

 

Commercial Vehicle Property Damage Claims & Insurance Coverage
Property damage comes in many forms. We can help you recover as much of your property as possible, as well as evaluate your insurance policies to determine if you have enough coverage moving forward to protect your assets.

Transportation companies face significant risks every time one of their vehicles hits the road. Insurance companies provide as much coverage as required or desired by the insured. Working with an attorney to evaluate your coverage is a critical step in a good risk management plan.

Preparing for the inevitable claim before it happens provides every organization the piece of mind and confidence that they have protected their business and livelihood.

 

Department of Transportation (DOT and UDOT)
The Federal Motor Carrier Safety Administration (FMCSA) was established within the Department of Transportation on January 1, 2000. Formerly a part of the Federal Highway Administration, the Federal Motor Carrier Safety Administration’s primary mission is to prevent commercial motor vehicle-related fatalities and injuries.

Activities of the Administration contribute to ensuring safety in motor carrier operations through strong enforcement of safety regulations; targeting high-risk carriers and commercial motor vehicle drivers; improving safety information systems and commercial motor vehicle technologies; strengthening commercial motor vehicle equipment and operating standards; and increasing safety awareness.

 

FMCSA CFR 49, Regulations & Compliance
Commercial vehicles are regulated by state and federal laws including The Federal Motor Carrier Safety Administration (www.fmcsa.dot.gov) under the Department of Transportation; the Transportation Commission under the Utah Department of Transportation; the Idaho Transportation Department; the Wyoming Department of Transportation; and other intermountain west governmental agencies. These laws change regularly and often times conflict with each other, our attorneys can help your organization be prepared to face these regulations with confidence. We will review your policies and practices, make recommendations and work with you to implement best practices.

Our risk management audits cover several critical points trucking companies are exposed to risk. We review licensure requirements, loads and hours of service, medical and drug & alcohol testing records, driver compliance and documentation, and hazardous materials handling to name a few.

Interstate, intrastate and international transportation is complex. Our attorneys have worked throughout the U.S., Canada, and Mexico to resolve claims involving multiple parties.

 

Commercial Vehicle Hiring and Employment Issues
Your attorney not only has years of experience dedicated to the trucking and commercial vehicle industry but has worked with clients to address their labor and employment needs.

Employees are a significant investment for any company and sometimes present risks for a company both internally and externally. We work with companies to implement best practices and train your employees on complying with applicable transportation laws. Ongoing training and reinforcing specific guidelines is necessary for your employees’ success and makes up a significant portion of regulatory compliance under the law. Our attorneys work with you to identify what your supervisors and employees need to know to be successful, and practices they must adopt in order to protect the organization as a whole.

Training and proactive risk management efforts create a strong defensible position and go a long way with the courts should you have to face a lawsuit.

Several other laws impact trucking, commercial vehicles and public transportation companies including Americans with Disabilities Act (ADA), Fair Labor Standards Act (FLSA), Family & Medical Leave Act (FMLA) and those discrimination claims that fall under the EEOC. Our Labor & Employment attorneys work with our Transportation group to deliver the most comprehensive legal counsel available to transportation businesses.

 

Public Transportation Defense Issues
Defending city, state and interstate public transportation organizations is an area of the law that we are passionate about. The exposure our public transportation providers face far exceeds the millions of commuters they service on a daily basis across the U.S.

Private, state and municipal organizations that provide these critical services keep people moving as well as the economy but have a higher level of risk. Understanding the protection the law affords these organizations, balanced with the rights individuals have to brings claims and file lawsuits is complex.

Other means of public transportation and the intersection where they can become your company’s problem include:

  • Bicycle right of way
  • Public access areas
  • Rear-end collisions with busses
  • Multiple personal injury claims
  • Wrongful death claims

Our Transportation & Commercial Vehicles Practice focuses on defending our clients, for plaintiff’s cases click here.

 


Additional Resources

www.dot.gov

www.fmcsa.gov

www.utah.udot.gov