Transportation

Liability Defense for Transportation Industry Clients

Weinberg Wheeler Hudgins Gunn & Dial's Transportation Litigation Practice Group represents trucking and transportation companies in cases involving catastrophic personal injury, cargo and property loss, product liability, tariff-related cases, and employment matters. Our clients in the transportation industry vary in size and are located throughout the United States.

We excel in the types of high risk cases often associated with the transportation industry, one which faces greater tort law risks than almost any other in terms of catastrophic injuries and wrongful death claims. Transportation companies often face a myriad of employment related issues including allegations of negligent hiring, supervision and retention, and claims for punitive damages, as well as the typical employer/employee and principal/agent theories of liability. 

Our firm has taken a large number of transportation cases to verdict; however, we frequently eliminate claims through our motions practice. Our litigators in this arena have an acute understanding of applicable regulations governing the transportation industry and frequently deal with:

  • State Departments of Transportation (DOT)
  • Federal Motor Carrier Safety Administration (FMCSA)
  • Federal Highway Administration (FHA)
  • Federal Railroad Administration (FRA)
  • Federal Aviation Administration (FAA)
  • The National Highway Traffic Safety Administration
  • Surface Transportation Board (STB)
  • National Transportation Safety Board (NTSB)

WWHGD attorneys are well-versed in the extensive regulations governing the transportation industry and protect clients to the fullest extent possible.

Transportation Litigation Experience

Our defense attorneys have represented clients throughout the country in hundreds of cases relating to virtually every aspect of the transportation industry. Cases have involved a variety of vehicle components, including brakes, tires, underride protection, ramps, electrical components, and fuel and suspension systems, on a wide array of vehicles. Such vehicles include automobiles, trains, funiculars, buses and motor coaches, tractor-trailers, wreckers, car haulers and waste disposal trucks.

Representative Transportation Litigation Cases

  • Defense of a government contractor in accidents arising from transportation activities during the war in Iraq, including the landmark decision in Carmichael v. Kellogg, Brown & Root.
  • Represented a trucking company and driver against multiple wrongful death claims in a collision in which a gasoline tanker flipped over on a notoriously tight curve of the Florida Turnpike and pinned a car with four adults to a guardrail. All cases were collectively settled for less than $4 million.
  • Awarded a verdict $2.2 million less than the plaintiffs’ last demand in the defense of a client who struck a parked vehicle in Tennessee, injuring all four occupants.
  • Represented a trucking company and commercial driver against tort claims for four deaths and two injured children stemming from an interstate accident. All cases were resolved shortly before trial for a total payment of $1.5M. 
  • Represented a national charter bus company in three separate attacks that occurred in proximity to September 11th. WWHGD was National Coordinating Counsel for all 31 claims and served as lead counsel for cases in Tennessee and Georgia. All suits were favorably settled for WWHGD's client.
  • Defended the general contractor and successfully resolved a collection of a highly publicized injury/death cases in California which stemmed from the catastrophic failure of a funicular (an inclined cable railway).
  • Defended national vehicle transport company in four separate lawsuits in multiple jurisdictions in Florida arising from a two-vehicle construction zone accident resulting in two deaths. Cases were resolved short of trial for a fraction of the value of collective demands.
  • Represented a national transportation company in a wrongful death and alleged punitive damages trial in Arkansas. The case ended in mistrial and was successfully resolved, along with two companion cases, for a fraction of plaintiffs’ pretrial demands.
  • Represented a charter bus company in a crash that killed seven members of an Ohio baseball team and catastrophically injured several others. Limited Liability Releases were entered on behalf of client for all claims.
  • Represented a trucking company in multiple death and injury claims in an accident caused by a truck driver who was allegedly on duty for 36 hours, in violation of regulations. The truck rear-ended a sedan, which was subsequently pushed into a parked school bus. All cases were favorably settled for the defense and WWHGD twice defeated plaintiffs' motions to amend for punitive damages.
  • Successfully defended a fleet operator in a Georgia case involving an allegedly defective brake system, which led to five deaths and severe brain injuries to a child. The case resulted in a mistrial, and then settled on favorable terms.
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