We assist motor carriers and intermediaries with:
Defending Accident Claims
We represent clients in the investigation and defense of claims ranging from catastrophic injuries and fatalities to property damage and cargo losses. As part of our service to clients, our after-hours Emergency Response Team will mobilize following a catastrophic accident to manage the scene and coordinate with law enforcement.
Our lawyers have extensive experience trying truck accident cases in all types of claims including negligent hiring, supervision, retention and training of drivers.
In a growing number of cases, Moseley Marcinak lawyers were not the first lawyers hired by our clients, but we are the last. Our lawyers have a reputation of appearing as counsel in cases that are close to a trial date.
Broker Liability Claims
Our lawyers have nationwide acclaim in managing these unique claims. Claims against brokers for the negligent contracting of motor carriers involve some very defined and specific issues. Our lawyers have experience dealing with these issues and were among the first to have raised FAAAA preemption in the broker liability/tort context.
Insurance Coverage Issues
Moseley Marcinak lawyers have handled a number of nationally publicized appeals on the MCS-90 and related filings for truck insurers. We also have experience handling other coverage issues that arise from trucking policies.
Attorneys at Moseley Marcinak serve as national counsel on freight claims litigation for several insurance companies and a number of LTL and TL motor carriers. As national counsel we handle freight claims litigation for clients in numerous states at any given time as well as advise claims departments on complex claims before they reach litigation. Our lawyers are also frequently requested to be instructors at freight claims seminars.
Transportation Contract Drafting and Review
With decades of industry specific knowledge, our lawyers have written many of the transportation contracts in use around the country. We frequently review and advise clients on motor carrier – shipper contracts, broker- carrier agreements, shipper-broker contracts, independent contractor agreements, 3PL agreements, lease purchases, and more.
Safety Rating Determination, Data Q Challenges and Civil Penalties
Motor carriers are often targeted for enforcement by the Federal Motor Carrier Safety Administration (FMCSA). FMCSA agents are tasked with keeping our roads safe. Our task, and one that we do well, is to minimize the challenges our clients experience when dealing with regulatory fines and other adverse decisions. Whether it is a fine, an unfavorable safety rating or a Data-Q, our experienced team of transportation and logistics lawyers is ready to evaluate and respond. In doing this, we have assisted clients with responding to six-figure fines proposed by the FMCSA and with safety ratings that have the potential to put a company out of business.
Surface Transportation Assistance Act (STAA) Claims
The Surface Transportation Assistance Act (STAA) is a federal law that forbids retaliation against whistleblowers who report alleged safety violations in the commercial trucking industry. Claims of this nature can be very serious and, if not handled properly, can result in significant fines and consequences for the company.
Lawyers at Moseley Marcinak have significant experience dealing with these claims and advising clients on steps to improve on current policies and minimize the likelihood of future claims.
Labor and Employment Services
Our team regularly drafts and litigates covenants not to compete, back solicitation clauses and other issues that keep you from sleeping at night. Our team drafts employee handbooks and job descriptions for everyone from drivers to dispatchers.
While not a worker’s comp “shop”, our lawyers are experienced in handling issues related to transportation, such as occupational accident coverages, independent contractors, statutory employers, and including the unique NC Statute § 97-19.1. Additionally, our attorneys have substantial experience when it comes to defending workers' compensation claims asserted by independent contractors and the "uninsured" allegations of the state enforcement agencies.
Freight Charge Collection
Our team is versed in the trucking industry specific rules concerning the collection of motor carrier freight charges in federal, state and bankruptcy courts. This includes the specific issue relating to the "double payment" rule, when a freight broker becomes insolvent. Members of our team have achieved a victory in an appeal for collection of freight charges against a government agency.
“General Counsel” Services
Several lawyers at Moseley Marcinak serve in an outside “general counsel” role for transportation clients, allowing them to be on call to offer advice and handle across-the-board legal needs on a regular basis. Because we get to know a client’s business structure, operations, and personnel, we can respond to client requests quickly without the need to get up to speed.
As a firm focused on serving the needs of the transportation and logistics industry, we recognize that our service to clients’ needs to be 24/7. Some of the most catastrophic accidents occur after normal business hours.
Our after-hours emergency response team is available and ready to serve clients with urgent needs following a catastrophic accident. The team has experience handling nighttime and weekend emergencies for clients.