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Protecting Your Trucking Company: The Crucial Role of Experienced Legal Representation
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In the high-stakes world of trucking, the looming threat of serious accident litigation is a constant reality for many companies. When such situations arise, it’s crucial for owners and executives to understand that the future of their company may be at stake.
This was a key takeaway from the recent address by Rob Moseley, a seasoned trucking defense attorney, at the Truckload Carriers Association’s 2024 Safety and Security Meeting. Moseley, the founding partner of Greenville, S.C.-based Moseley Marcinak Law Group, emphasized the unique challenges faced by trucking companies in the legal arena, highlighting the importance of robust legal strategies and protections.
Experienced Legal Representation: The High Stakes of Trucking Litigation
Moseley explained that trucking companies often find themselves up against highly specialized and collaborative plaintiff attorneys. These members of the Academy of Truck Accident Attorneys undergo rigorous testing and continuous professional development. This ensures they are exceptionally well-prepared to handle complex trucking litigation.
Moseley noted that these aren’t your basic billboard truck accident attorneys, “They do focus groups with each other. Additionally, they conduct mock trials with each other. Some members have even gone out to spend two weeks in Montana in an intensive study class to get CDLs.”
Trucking companies facing such a legal challenge need access to expert legal representation. This helps to navigate the complex legal landscape, protect sensitive data, and mitigate the risk of excessive damages. Furthermore, specialized defense attorneys bring the necessary knowledge and experience to counter aggressive litigation tactics, ensure regulatory compliance, and effectively negotiate settlements.
The Vulnerability of Trucking Data
A significant challenge highlighted by Moseley is the accessibility of a motor carrier’s data to plaintiff attorneys. For example, numerous databases maintained by the Federal Motor Carrier Safety Administration (FMCSA) provide a wealth of information, ranging from licensing and insurance details to Compliance, Safety, Accountability (CSA) program data.
“There are now plaintiff attorneys that are subscribing to these databases, which is not a good thing,” Moseley warned. He also stressed the importance of securing protective orders to safeguard sensitive data during litigation.
Best Practices for Data Protection
To mitigate these risks, Moseley advised trucking companies to adopt several best practices:
Protective Orders: Ensure your legal team secures protective orders before sharing any data. This helps keep sensitive information from being freely disseminated.
Retention Policies: Develop and strictly adhere to document retention policies. For instance, if your policy states that certain documents are kept for 90 days, ensure they are destroyed after this period if there are no FMCSA requirements to retain them longer.
Email Caution: Be cautious with internal emails, as these can be sought by opposing counsel. Avoid using emails for discussions that could potentially harm your case if disclosed.
The Importance of Experienced Legal Representation
The insights shared by Moseley underscore a critical point for trucking companies. The value of experienced legal representation cannot be overstated. For this reason, we stay up-to-date on the complexities and nuances of trucking and transportation law. Our team is dedicated to providing comprehensive legal support, ensuring that your company is well-protected in the face of litigation.
In today’s litigious environment, trucking companies must navigate numerous legal challenges to protect their operations and reputation. Accordingly, you can safeguard your company against the risks associated with serious accident litigation by partnering with experienced legal professionals who understand the intricacies of the industry. At Hughes Lawyers, LLC, we are committed to offering the expertise and strategic counsel necessary to defend your interests and ensure your continued success in the competitive trucking industry.
