We have handled hundreds of transportation and railroad cases in Illinois, Indiana and Michigan representing numerous interstate and intrastate carriers, interstate and international freight forwarders, railroads, warehousemen and bailees and insurers in a variety of litigation arising out of various modes of transportation and storage of freight throughout the United States. We have handled delivery trucks, box trucks, semi-tractor trailers, dump trucks, logging trucks, rail freight and other various types of commercial transportation. Our firm also represents over-the-road interstate and intrastate carriers in personal injury, automobile collision, workers’ compensation, employment law and cargo damage defense cases.
Several of our attorneys concentrate their practice in the defense of transportation and railroad companies. Most are members of TIDA (Truck Industry Defense Association) and all have tried numerous, serious truck accident cases. We represent several national trucking and railroad companies on a regional basis, including Pepsi, Rail America, Inc., Ryder Logistics and Transportation, Transport America, Yellow Roadway, Acuity Insurance, Canal Insurance, CNA Insurance Companies, Great West Casualty Company, National Indemnity and Northland Insurance.
Our Firm has a Rapid Response Team (RRT), which is comprised of attorneys in each of its Illinois, Indiana and Michigan offices, to serve its commercial transportation clients. The attorneys on the RRT are available 24/7 via home and cell phone numbers. When an accident occurs and is reported to our RRT, an attorney will come to the scene along with a preferred independent adjuster and/or traffic accident reconstruction expert to capture relevant evidence that is often lost if left to a police report. Legal counsel is then provided to your in-house risk management for a prompt and early evaluation regarding exposure. RRT attorneys also shield insured drivers from making ill-advised statements to law enforcement or plaintiff attorney investigators, deal with governmental agencies when spills or road damage occurs and are available to represent insured drivers in criminal and traffic violations when necessary.
|Successfully completed a recent case where the defendant, who was operating a 2003 Volvo tractor-trailer, sideswiped a parked tow truck, and then a utility trailer off of the roadway of I-94. The utility trailer in turn struck the plaintiff while he was working to repair the flat tire of the utility trailer. A $3,000,000.00 default judgment was entered against the foreign trucking company and its driver. However, due to improper service, the default judgment against the Defendants was set-aside and this negligence suit settled at Case Evaluation for $100,000.00. Without admitting liability, the defense strategy was to work within the framework of MCL 500.3135 to diminish, if not eliminate, the plaintiff’s claims for damages.
|Successfully handled a trial involving a head on collision between plaintiff’s car and defendant’s truck. The plaintiff alleged that the defendant crossed the center line, and the defendant alleged that the plaintiff crossed the center line. Defense also contended that plaintiff’s injuries were due to a pre-existing condition and prior surgeries. Medical specials were a total of $452,286.00 and alleged loss of income was $180,000. The truck incurred almost $40,000 worth of damage. The last demand was $1.8 million and the last offer was $25,000. The jurors reported that the plaintiff failed to sustain her burden of proof. The jury deliberated for under 2 hours, including lunch and delivered a defense verdict. Please be advised that this trial was monitored by a large national insurance carrier trial team which rated our attorney’s trial skills as excellent.
|Successfully completed a complicated case involving spoliation of evidence. Our client was sued for premises liability and spoliation. The real cause of action, however, was in spoliation. When the co-defendants settled out of the case, the matter proceeded against our clients for alleged spoliation of evidence. The demand at the trial against our clients was $300,000. We offered nothing. We obtained a defense verdict and paid nothing.
|Successfully defended our client in a case stemming from a semi tractor trailer and pedestrian accident. The collision involved a tractor trailer driven by our client where the driver was cresting a hill when he noticed a pedestrian pushing a stroller in the roadway about 3 feet left of the fog line, commonly known as the white line near the shoulder of the roadway. The driver hit the brakes and swerved onto the shoulder due to the oncoming traffic. He struck the pedestrian when his right front tire was in the gravel of the shoulder and he continued off the roadway until he noticed a tree straight ahead of him. He then rode the shoulder until he stopped after the hill crest. As a result of this collision, the pedestrian was killed and her 2 year old daughter was injured. Prior to mediation, the plaintiffs’ demand was for policy limits of $1,000,000. At mediation, plaintiffs remained at policy limits as their demand. We focused our defense on “sudden emergency” and the insured driver’s lack of alternative courses of action. The case was settled prior to the trial for a total of $750,000. The Estate of the plaintiff received $350,000. The daughter received a lump sum of $50,000 for her bodily injury claim, and $350,000 for the wrongful death claim in a structured settlement.|