Why It Matters
Too many trucking companies are getting burned by generalist attorneys who learn on your dime.
By the Numbers
The problem: Most insurers treat all attorneys as interchangeable, focusing on hourly rates rather than total case costs.
The reality check: Would you trust a walk-in clinic doctor to perform neurosurgery?
What's Happening
At every phase, knowledge gaps hurt:
- Accident response: Generalist attorneys miss ECM protocols and drug/alcohol testing requirements
- Discovery: They don't know logbook discovery limits or drug and alcohol confidentiality rules
- Trial: Plaintiffs exploit their ignorance to mischaracterize regulations
The Bottom Line
A recent trial illustrates the stakes: A plaintiff attempted to twist pre-trip inspection requirements to pin liability on my driver. Without trucking expertise, they would have succeeded. Instead, my specialized knowledge flipped the script – exposing the plaintiff's deception and undermining their credibility with the jury.
What You Can Do
Before you need them:
- Demand counsel selection rights in insurance negotiations
- Require insurers to use trucking-specialized attorneys
- Inquire as to the trucking experience of the attorney your insurer provides
- Ask your insurer, "Why not commit to a trucking experienced attorney?"
- Engage an attorney today, pre-accident, to understand your systems (ECM, telematics, etc.)
The upshot: Trucking law is specialized. Generalist attorneys cost more in the long run – you pay for their education while they learn trucking on your cases. Let alone the payout at the end.
Go deeper: Don't let insurers' cost-cutting on attorney selection become your liability nightmare.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
