Trucking, Transportation, and Logistics

Commercial Trucking

• Our commercial trucking practice represents motor carriers, owner-operators, shippers, brokers, and their insurers in matters ranging from catastrophic accidents to cargo claims. We understand the unique challenges facing the trucking industry, including Hours of Service regulations, ELD compliance, driver qualification requirements, and the complex interplay between federal regulations and state tort laws. Our attorneys are well-versed in CSA scoring, FMCSA regulations, and transportation safety standards that frequently become central issues in litigation.

Public Transportation

• For public transportation providers—including bus companies, shuttle services, and paratransit operators—we offer specialized representation addressing the unique liability concerns and regulatory frameworks governing these entities. Our experience includes defending against personal injury claims, ADA compliance issues, and regulatory enforcement actions.

Rail Transportation

• Our rail transportation practice serves Class I railroads, regional carriers, and short lines in litigation matters involving grade crossing accidents, FELA claims, derailments, and hazardous materials incidents. We understand the complex interplay between federal preemption under the FRSA and state tort claims.

Specialized Transport

• We represent ambulance services, hazardous materials transporters, and other specialized carriers that face unique regulatory requirements and heightened liability exposure. Our attorneys are familiar with the specific compliance frameworks governing these specialized transportation sectors.

Lucosky Brookman specializes in complex transportation litigation involving the movement of goods via highways, railways, and waterways. With increasing regulatory focus on hazardous materials transportation, many of our attorneys have developed dual expertise in environmental and toxic tort matters.

Accident Investigation and Response

• Our 24/7 rapid response team provides immediate assistance following serious accidents, ensuring that critical evidence is preserved, and appropriate protocols are followed. We deploy to accident scenes to coordinate with investigators, interview witnesses, and manage communications with authorities. This early intervention often proves crucial to the ultimate resolution of claims.

Regulatory Compliance

• We guide transportation clients through the complex web of federal and state regulations governing their operations. From FMCSA compliance audits to hazardous materials handling requirements, our attorneys help clients navigate regulatory challenges while developing robust compliance programs designed to mitigate litigation risk.

Environmental and Toxic Tort

• The transportation of hazardous materials presents unique legal challenges. Our attorneys are well-versed in environmental regulations and toxic tort litigation, allowing us to provide comprehensive representation in cases involving spills, releases, or exposure claims. We work closely with our firm's environmental practice to address the complex scientific and regulatory issues that arise in these matters.

Coverage Analysis and Disputes

• Our Transportation Practice Group frequently collaborates with our Insurance Coverage/Bad Faith and Appellate Advocacy teams to provide comprehensive representation in transportation-related insurance coverage disputes. We have extensive experience with the specialized insurance products serving the transportation industry, including cargo policies, environmental impairment liability coverage, and contingent liability programs.

Contract and Commercial Disputes

• We represent transportation clients in contractual matters including shipping agreements, broker-carrier arrangements, indemnification disputes, and intermodal contracts. Our attorneys understand the industry-specific contractual issues that frequently arise in transportation operations.

When crucial legal issues require appellate review, our Transportation Practice Group works seamlessly with our Appellate Advocacy team to develop and execute effective appellate strategies. We have successfully handled transportation appeals in multiple federal circuits and state appellate courts, helping to shape the law governing the transportation industry.

Staged accidents have emerged as a significant threat to the transportation industry, particularly for trucking companies. These orchestrated collisions are designed to generate fraudulent insurance claims, resulting in substantial financial losses and potential reputational damage for transportation businesses. The FBI and Department of Transportation have identified this fraud pattern as a growing concern nationwide, with sophisticated criminal networks targeting commercial vehicles.

Lucosky Brookman offers proactive strategies to combat staged accident fraud:

Early Detection and Response

• Comprehensive driver training on recognizing fraud indicators
• Immediate post-accident protocols designed to preserve crucial evidence
• Early case assessment to identify potential fraud patterns
• Deployment of accident reconstruction specialists and forensic experts
• Telematics and dashcam data analysis to challenge fraudulent narratives

Strategic Defense Approaches

• Critical evidence preservation techniques including ECM data, vehicle telematics, and witness statements
• Fraud indicator checklist development for claims handlers
• Background investigations into claimants and their associates
• Social media intelligence gathering to identify inconsistencies in injury claims
• Collaboration with state and federal authorities and the National Insurance Crime Bureau (NICB)

Litigation and Resolution Strategies

• Pre-suit interventions to prevent costly litigation
• Aggressive early motion practice to challenge questionable claims
• Strategic use of Rule 11 sanctions for fraudulent filings
• Coordination with insurance SIU departments
• Vigorous defense representation when litigation becomes necessary
• Potential counterclaims for fraud where appropriate

Our attorneys leverage decades of specialized experience to protect our clients' interests against this growing threat to the transportation industry. We remain at the forefront of emerging defense strategies, regularly updating our approaches based on evolving fraud patterns and new detection technologies.

At Lucosky Brookman, we understand the transportation industry's need for high-quality legal services at reasonable costs. This is particularly critical for clients with substantial self-insured retentions who must carefully manage legal expenses.  Our process involves:

• Early case assessment and resolution potential analysis
• Strategic litigation planning with defined decision points
• Appropriate staffing models based on case complexity
• Technology utilization to streamline document management and review
• Alternative fee arrangements tailored to client needs and case type

Our trial attorneys take a practical, results-oriented approach to each case. We maintain competitive rates through strategic task delegation while ensuring close supervision and responsive client service. Our firm is committed to discussing, developing, and implementing alternative billing arrangements when appropriate for transportation matters.

We believe in transparent communication and true partnership with our transportation clients. Regular case updates, budget forecasting, and strategic discussions are fundamental to our practice approach. Many of our transportation clients have remained with us for decades, testament to our commitment to client service excellence.

At Lucosky Brookman, we combine transportation industry knowledge, litigation excellence, and practical business sense to deliver exceptional legal representation to our transportation clients. Contact us today to learn how our Transportation Practice Group can assist your business with its legal needs.