Industries: Transportation

The transportation industry is constantly seeking ways to manage risk, in terms of expenses and exposure. McGuireWoods provides solutions that help clients achieve their risk management goals. The firm’s transportation law practice provides “soup to nuts” service to the industry. Our team has resources and staff in all of McGuireWoods’ offices, with the ability to defend claims across the country. We have defended high exposure and routine claims in Illinois; Pennsylvania; West Virginia; Virginia; Washington, D.C.; Maryland; North Carolina; Georgia; and Florida.

Accident Claims & National Coordinating Counsel

The plaintiff’s bar constantly keeps the transportation industry in its sights. Indeed, if a tractor-trailer is remotely involved in an accident, even when the driver has committed no negligence, the transportation company is consistently sued for damages. To champion the interests of our clients, we have developed a team of experienced trial lawyers. We are not afraid to try a case before a jury, and we believe that ingenuity and aggressive defense is the most effective and efficient response to litigation.

From Philadelphia to South Florida, from Mississippi to the Rio Grande Valley in Texas, our trial lawyers have faced difficult juries in difficult cases and obtained tremendous results. When our clients have high exposure cases that must be efficiently and effectively managed, they call on us for the quality defense they know we provide. McGuireWoods' team is also experienced at providing national coordinating counsel services for clients with multiple claims in varying jurisdictions. We are linked to each other and to our clients through efficient and secure extranets. McGuireWoods Connect allows us to provide uniform management of many lawsuits with cost savings to clients. Our lawyers are committed to quality and client service. 

Workers Compensation

By using electronic document management and filing systems, McGuireWoods provides comprehensive and cost-effective workers compensation representation to transportation clients. We litigate basic coverage issues, medical injuries, rehabilitation and accommodation, and subrogation claims as part of this active and growing practice.

Insurance Coverage & Alternative Risk Funding Opportunities

Transportation industry insurance products range from commercial policies to a variety of alternative funding opportunities. Our experience with these issues assists clients with achieving their risk management goals, and with making the correct decisions and choices regarding insurance. We have represented clients across the country in analyzing existing policies and interpreting coverage questions, as well as in analyzing available liability insurance coverage.

In addition to analyzing and litigating traditional insurance coverage issues, we help clients cope with the increasingly complex maze of truckers’ policies, umbrellas, excess coverage, self-insured retentions, underinsurance and contractor coverage that is present in most tractor-trailer situations. We also assist in determining the practical requirements and consequences of the MCS-90 endorsement. In addition, we have extensive experience in analyzing specific accident scenarios and the increasingly occurring dispute regarding trailer insurance providing additional liability coverage.

We believe that understanding and exercising a company’s rights with respect to an insurance policy - whether as an insurer or an insured - is crucial to making the correct decisions to best manage risk.

Alternative risk funding is important to many of our clients. Margins in the transportation industry are tight, and fluctuations in fuel prices make it difficult to control expenses, but we assist clients in establishing alternative risk funding. This offers multiple benefits including better risk management and greater consistency in insurance cost, insulating companies from sharp fluctuations in the insurance market.

Cost containment is a critical aspect of profitability in the transportation industry. This must be balanced with the critical need for knowledgeable, experienced defense when claims arise. McGuireWoods has invested substantially in technology, which allows team members to defend clients efficiently, with no redundant or unnecessary costs. We do not simply react to what is filed by the claimant; we provide a plan from the beginning of the litigation that incorporates a budget. Expenses and fees are reduced at every opportunity. As the matter progresses, we communicate with clients’ risk managers and adjusters as a team about every aspect of the case. Clients participate in this process, and ultimately they control the defense.

DOT/Regulatory

Lawyers in this practice group include transportation and employment lawyers who concentrate on the Federal Motor Carrier Safety Regulations. The group has extensive experience defending state law negligence claims by demonstrating compliance with FMCSR. In addition, we have often successfully argued that state law negligence claims are preempted and should be dismissed because they conflict or interfere with the regulatory rubric established by FMCSR. We have used the regulations to defeat negligent hiring, training, retention, and equipment claims in accident cases. In addition, the group analyzes employment claims filed under the Americans with Disabilities Act, the Age Discrimination in Employment Act, the Rehabilitation Act, workers compensation laws, and other employment related legislation, in order to determine whether the FMCSR provides a defense to those claims. Members of the group have extensive experience defending investigations and actions filed by the federal and state Occupational Safety and Health Administrations.

HAZMAT & Environmental Matters

Tank line yards have been targeted as federal superfund sites. Tank spills in accidents routinely result in state-enforced clean up requirements. These and other situations activate a complex web of regulations and enforcement mechanisms. We are familiar with the developing body of law governing HAZMAT and environmental regulation and litigation, and we are experienced in representing transportation clients in these matters in civil and criminal forums.

Our team of environmental lawyers has represented transportation clients from Pennsylvania to south Florida, and countless locations in between. We are familiar with the procedures and the enforcement agencies, and believe that close coordination with these bodies is essential to cost-effective clean up plans. When cooperation breaks down, we are capable of successfully defending enforcement actions and private lawsuits based on alleged exposure.

Structured Settlement/ADR

Alternative dispute resolution is required by many jurisdictions, and preferred by many smart defendants in high exposure cases. Jury awards have risen steadily over the last 20 years in the United States, and many times the award far exceeds a reasonable response to the injury actually incurred. ADR gives a defendant tremendous opportunity to leverage the value and effect of a well prepared defense and inevitable money that will change hands in a clear liability case.

In certain cases, annuities and other structured settlement agreements can purchase more settlement value for fewer actual dollars. Effective mediators apply tremendous pressure to parties to settle. Experience in this venue is invaluable to the transportation client wanting to effect a cost effective and timely settlement in these high stakes negotiations. Our transportation team members have years of experience with these issues and have valuable contacts in the financial world that provide the necessary structure vehicles.

Negligent Hire, Retention & Entrustment Claims

Innovative plaintiffs’ lawyers frequently attempt to implicate a transportation company’s corporate pockets (many times outside of the coverage provided by standard liability policies) by attempting to turn a vehicle accident case into a negligent hire, retention and/or entrustment claim. Such claims not only expose the company on an alternative theory of recovery, but they broaden the admissible evidence to include explosive evidence from a driver’s personnel files, and in some cases, years of other accidents and other drivers’ actions. We have developed effective defenses to these claims, and have in some cases gotten such claims dismissed prior to trial. Aggressive defense is vitally important to controlling a company’s exposure in a case, and our experience is invaluable to a wrongly accused company.

International Trade and Customs

McGuireWoods lawyers assist clients with the laws governing the assessment of customs duties and the administration of import and export laws and regulations, including classification, valuation and the assessment of customs duties. We advise clients regarding export laws and regulations, including classification, valuation, the use of foreign trade zones and anti-dumping and countervailing duties. We also assist clients with conducting audits and defending civil penalty or liquidated damages proceedings commenced by the U.S. Customs Service and other agencies with jurisdiction over foreign trade, including clients who have violated the Customs’ Service "informed compliance agreement."