Transportation Litigation
Liability Defense for Transportation Companies
Weinberg, Wheeler, Hudgins, Gunn & Dial's attorneys in the Transportation Litigation Group represent many trucking and transport companies of varying size in Georgia and across the United States in catastrophic personal injury, car
go and property loss, product liability, tariff-related cases, as well as employment matters in the transportation sector.
Weinberg, Wheeler, Hudgins, Gunn & Dial’s attorneys excel in high risk cases. Perhaps no other industry faces greater tort law risks than the transportation industry in terms of catastrophic injuries and wrongful death claims. In addition to the usual employer/employee and principal/agent theories of liability, transportation cases often involve distinct allegations of negligent hiring, supervision and retention, and claims for punitive damages. Weinberg, Wheeler, Hudgins, Gunn & Dial has taken a large number of these cases to verdict but also frequently eliminates claims through motion practice.
The group’s attorneys present the right combination of legal expertise and a thorough understanding of this discrete subject matter. The attorneys practicing in this arena routinely deal with issues involving governmental agencies such as state Departments of Transportation, the Federal Motor Carrier Safety Administration, the Federal Highway Administration, the Federal Railroad Administration, the Federal Aviation Administration, the Surface Transportation Board and the National Transportation Safety Board. The extensive regulations governing this industry are often fodder for Plaintiffs’ attorneys. Weinberg, Wheeler, Hudgins, Gunn & Dial’s attorneys are well versed in these regulations and will protect its clients to the fullest extent possible.
Transportation Litigation Cases
The group’s defense attorneys have provided counsel throughout the country in 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, 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.
- Defense of government contractor in accidents arising from transportation activities during wartime in Iraq, including the landmark decision in Carmichael v. Kellogg, Brown & Root.
- Represented 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.
- Defended a client who struck a parked vehicle in Tennessee, injuring all four occupants. The verdict was $2.2 million less than the plaintiffs’ last demand.
- 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 national charter bus company in three separate attacks that occurred in proximity to September 11th. The Firm was National Coordinating Counsel for all 31 claims and served as lead counsel in cases in Tennessee and Georgia. All suits were favorably settled for the Firm'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. Case ended in mistrial and was successfully resolved, along with two companion cases, for a fraction of Plaintiffs’ pretrial demands.
- Represented 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 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 and the sedan was subsequently pushed into a parked school bus. All cases were favorably settled for the defense and the Firm 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.
Practices
Back To Practice ListAttorneys
- Buhay, William
- Burkhalter, Lawrence
- Byrd, Christopher "Chris"
- Clay, Jr., Charles "Chuck"
- Dial, David
- Ehrenreich, Todd
- Friedman, Jonathan
- Gunn, Earl "Billy"
- Hill, II, Richard "Rick"
- Johnson, Mark
- Krawcheck, Johnathan "Johnny"
- Maxwell, Alan "Al"
- Moore, Patrick
- Roberts Jr., D. Lee
- Russell, Howard
- Sager, Jr., Frederick "Rick"
- Swiger, Joshua "Josh"
- Train IV, John "Jay"
- Tuggle, Amber
- Williams, Y. Kevin