From Before the Accident to Resolution: Our Proactive Approach to Commercial Transportation Litigation
Christian & Small’s Commercial Transportation Practice Group is dedicated to protecting and promoting the commercial transportation industry. Whether it’s a personal injury or death claim, a cargo and property damage dispute, or employment and workers’ compensation cases, our job is to quickly identify our client’s needs and safeguard their interests. Too many personal injury lawyers produce simple and thoughtless commercials labeling commercial vehicles as “killing machines.” Rather than being demonized, the transportation industry should be recognized as the backbone of the American economy. We are proud to partner with numerous hardworking, honest, and ethical companies that are dedicated to serving their communities and the nation.
Our 24/7 emergency response team operates around the clock, ready to respond to accidents, whether roadside or to manage their investigation from the office. We know how to preserve critical evidence, including electronically stored evidence. We can quickly decide whether to send an accident reconstruction expert or an insurance adjuster to the scene. Our thorough response includes scene documentation, witness interviews, statement collection, and retrieval of police and EMT reports.
Michael A. Vercher and Neal D. Moore lead Christian & Small’s Transportation Practice Group. Mike has successfully defended businesses involved in complex commercial transportation litigation for over 25 years. He serves as a Program Chair for the American Bar Association’s Transportation Mega Conference, the country’s longest-running CLE program focused on the trucking industry, and is co-chair of the ABA TIPS Commercial Transportation Committee. Mike is recognized by Benchmark as a Litigation Star and by The Best Lawyers in America®, and is named a Mid-South Super Lawyer.
Neal Moore has over twenty years of experience defending commercial motor carriers in serious personal injury and fatality cases, including serving as part of a rapid-response team. Neal is a former board member of the Alabama Defense Lawyers Association and currently holds membership in the International Association of Defense Counsel. He is a Certified Litigation Management Professional and has been recognized by Best Lawyers in America® for his work in commercial litigation, insurance law, litigation–insurance, personal injury litigation–defendants, and transportation law.
As part of our 25th anniversary blog series, Mike and Neal share transportation industry insights and key litigation strategies for our clients.
Helping Clients Prepare for Litigation
From catastrophic injury and death claims to compliance issues, the commercial transportation industry faces unique legal challenges. When disputes arise, having an effective strategy can help clients avoid high costs and reach successful resolutions. Ensuring your business complies with FMCSA regulations, maintains accurate logs, and supports its drivers’ mental and physical wellbeing can help prevent legal problems before they start. Plaintiff lawyers often exploit the fact that the trucking industry is among the most heavily regulated sectors. Any perceived non-compliance will be used to argue that the company was negligent (or even reckless), even if the area of alleged non-compliance is unrelated to the accident.
Running a transportation company is demanding. We understand this and want to be a resource for you when needed. When an accident happens, collecting evidence, securing witness statements, and preserving electronic logging device (ELD) data are key steps to prepare your company for potential litigation. Medical professionals and industry specialists can offer valuable insights that strengthen your case and help clarify complex issues for judges and juries. It may also be wise to consult a criminal defense attorney. Accident scenes can be chaotic, and even the most experienced driver may find them frightening. We can assist.
Mike Vercher strongly believes in using everything to the advantage of the defense. “Perhaps the most critical advantage a trucking company has is the ability to retain the most sought-after expert before any other entity involved in an accident,” says Mike. “It is vital to do two things at the outset of a serious accident. First, involve a trusted attorney to ensure the investigation is protected by the attorney-client privilege. Second, bring in the right expert before there’s a risk of conflict. “Our rapid response allows clients to call us anytime, day or night, and have us on-site immediately. We quickly bring in qualified experts and utilize our extensive experience to handle every aspect of commercial transportation issues,” says Mike.
Neal Moore has learned trucking litigation the hard way—through practical experience. Neal explains, “Litigation is never one size fits all. Having investigated hundreds of accidents, I found you rarely do the same thing twice.” Just as we want to be a resource to our trucking clients, we rely on the best experts in the field to be resources to us when we go to work. Accident reconstruction is clearly needed, but figuring out how to handle a distraught driver, preserving electronic evidence in a non-disabled tractor, and identifying key elements in the debris field can require experts from several fields. We aim to get it right, and we partner with professionals throughout the Southeast to ensure this. The earlier we start, the better we can evaluate our next best steps. And like any litigation, what the next best step may be is rarely the same twice.
Litigation is often expensive and time-consuming; therefore, exploring settlement options, mediation, or arbitration early can frequently lead to better results. Our skilled legal team helps clients negotiate fair resolutions while protecting their interests.
Staying Ahead of Regulations
Our attorneys actively participate in relevant industry organizations, ensuring our clients benefit from the latest expertise and advocacy. Through these memberships and leadership roles, our attorneys stay informed about regulatory updates from state and federal transportation agencies and advise companies on compliance with these regulations.
Mike shares, “We belong to organizations like the American Trucking Association and the Alabama Trucking Association that keep us informed about those new regulations as they are released, and even before they’re made public, we can review and comment on proposed federal motor carrier safety regulations.”
Christian & Small’s dedication to proactive risk management and expert regulatory guidance ensures our clients successfully navigate complex transportation law.
Trusted by Clients for 25 Years
Our clients’ trust reflects the expertise and dedication our attorneys provide in every transportation case. Here’s what they have to say:
Rock Wegmann from CRST Dedicated Inc., a long-time client, says, “We have worked with them for over 20 years and find them thorough in their process. They understand our business. They are responsive to our questions, listen to our suggestions, and then offer opinions. We agree on the best course of action. We truly work together on mitigating the damages.”
One client emphasizes our strong presence in the transportation sector, stating, “Christian & Small has great expertise in the transportation space. I appreciate the honest and straightforward case analysis, along with a true partnership in working with us to develop strategies for early case resolutions when appropriate. Good connections and working relationships within the local legal community.”
About Christian & Small
Christian & Small LLP represents a diverse clientele throughout Alabama, the Southeast, and the nation, with clients ranging from individuals and closely held businesses to Fortune 500 corporations. By matching highly experienced lawyers with specific client needs, Christian & Small develops innovative, effective, and efficient solutions tailored to each client’s needs. With offices in Birmingham, metro-Jackson, Mississippi, and the Gulf Coast, Christian & Small focuses on the areas of litigation and business, is a member of the International Society of Primerus Law Firms, and is a Mansfield Rule™ Certified Plus Law Firm. Our corporate social responsibility program is focused on education, and diversity is one of Christian & Small’s core values.
No representation is made that the quality of legal services to be performed is greater than the quality of legal services performed by other lawyers.