- within Transport topic(s)
- with readers working within the Oil & Gas and Retail & Leisure industries
- within Transport, Employment and HR, Food, Drugs, Healthcare and Life Sciences topic(s)
Why It Matters
Too many trucking companies are getting burned by generalist attorneys who learn on your dime.
By the Numbers
The problem: Most insurers treat all attorneys as interchangeable, focusing on hourly rates rather than total case costs.
The reality check: Would you trust a walk-in clinic doctor to perform neurosurgery?
What's Happening
At every phase, knowledge gaps hurt:
- Accident response: Generalist attorneys miss ECM protocols and drug/alcohol testing requirements
- Discovery: They don't know logbook discovery limits or drug and alcohol confidentiality rules
- Trial: Plaintiffs exploit their ignorance to mischaracterize regulations
The Bottom Line
A recent trial illustrates the stakes: A plaintiff attempted to twist pre-trip inspection requirements to pin liability on my driver. Without trucking expertise, they would have succeeded. Instead, my specialized knowledge flipped the script – exposing the plaintiff's deception and undermining their credibility with the jury.
What You Can Do
Before you need them:
- Demand counsel selection rights in insurance negotiations
- Require insurers to use trucking-specialized attorneys
- Inquire as to the trucking experience of the attorney your insurer provides
- Ask your insurer, "Why not commit to a trucking experienced attorney?"
- Engage an attorney today, pre-accident, to understand your systems (ECM, telematics, etc.)
The upshot: Trucking law is specialized. Generalist attorneys cost more in the long run – you pay for their education while they learn trucking on your cases. Let alone the payout at the end.
Go deeper: Don't let insurers' cost-cutting on attorney selection become your liability nightmare.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
