When your truck is off the road after a not-at-fault accident, every day costs you money. Since 2005 Eckert & Associates, PA has specialized in one mission: helping drivers, owner-operators, and fleets recover the lost income and property damage that insurance companies try to minimize or deny. We’re not a general personal injury law firm. We’re downtime claims specialists who understand trucking economics, know how to calculate your true losses, and fight to maximize every dollar you’re owed.
The law firm of Eckert & Associates, P.A. was founded with a singular focus: protecting the financial interests of America’s trucking industry. While other firms chase high-profile personal injury cases, we’ve spent decades mastering the complex world of commercial vehicle property damage, business interruption, and loss of use claims.
Kelsea Eckert, our lead attorney, has been practicing law since 1988. She grew up in a small town which had truckers, farmers, and lots of heavy equipment. Kelsea understands that when an accident happens, the damage goes far beyond bent metal and broken glass. For an owner-operator or small fleet, a vehicle being repaired means lost revenue, mounting fixed expenses like payments and insurance, and the desperate scramble to rent a replacement truck or mitigate your damages however possible.
Most accident lawyers focus on bodily injury – representing injured drivers or passengers for medical bills and lost wages. That’s important work, but it’s not what we do.
We represent the vehicle itself – and the business that depends on it.
When your rig is in the shop following an accident caused by a negligent driver, you’re losing money every single day. That’s the aftermath of an accident that most people don’t see: the daily net income that evaporates, the high-income time you can never get back, the contracts you can’t fulfill, the customers you might lose.
That’s what we recover. That’s our specialty. That’s why truckers nationwide trust our firm.
This is our core specialty. When an accident leaves you unable to work, we recover:
Contact us immediately after a not-at-fault accident. We’ll review:
We’ll tell you honestly what we believe your case is worth and how we can help.
Our calculations withstand scrutiny from adjusters and, if necessary, stand up in litigation.
If insurers won’t pay fairly, we’re prepared for litigation. Our litigation partners throughout the country have extensive experience in:
We don’t threaten litigation as a bluff. We do it successfully when necessary through local attorneys throughout the nation.
Independent owner-operators are the backbone of American trucking. When your vehicle is your livelihood and a truck accident takes it off the road, you have zero income and mounting bills. We've helped thousands of owner operators recover the lost income they needed to survive.
Trucking companies with 2-50 vehicles face unique challenges when accidents happen. You might have insurance to cover repairs, but recovering from at-fault parties protects your bottom line. We handle fleet claims and subrogation to maximize recovery.
Fleets in captive insurance programs often don't realize they can still pursue third-party recovery for not-at-fault accidents. We work with captive managers to recover losses from at-fault parties, improving the captive's loss performance.
Truckers with specialized equipment -car haulers, heavy haul, oversized loads, tankers, towers, refrigerated units - face unique challenges proving downtime because you can't just rent a replacement. We understand these specialized operations and know how to prove your losses.
Drivers in lease-purchase programs are in a particularly tough spot after accidents. You're making truck payments whether you're earning or not. We help you recover lost income to cover those payments and keep your business alive.
Since 2005, the law firm of Eckert & Associates, PA has recovered millions in downtime losses for drivers, owner-operators, and fleets across the nation. We don't just settle for repair costs. We fight for the full economic loss.
Every case we handle is custom-calculated based on the specific trucker's operation, income, expenses, and circumstances. We don't use generic formulas or accept insurance companies' lowball offers. We demand our clients get the maximum recovery the law allows.
During your free consultation, we'll tell you honestly whether we believe you have a viable case. If we take your case, it's because we believe we can recover significant compensation for you.
These claims are recognized in almost every state, but the specific rules vary. We know the law in your jurisdiction and our local counsel presents your case for maximum recovery.
Unlike general lawyers who occasionally handle property damage, we're specialists who handle these cases every day.
Adjusters know we're not afraid to file lawsuits. That makes them more willing to negotiate fairly.
When your vehicle goes down, you need help immediately. That’s why we:
Contact us anytime. We’re here to help.
We work on a contingency fee basis, which means:
If we don’t win, you don’t pay. It’s that simple.
While our office is based in Florida, we represent truckers nationwide. We’re licensed to practice in Illinois and Florida and work with local counsel when necessary.
Wherever your accident happened, wherever you’re based, we can help.
We’ve handled cases in:
When your accident causes damage beyond just downtime:
For trucking companies and fleets:
For fleets in captive programs:
Our expertise extends beyond trucks to:
“After my rig was totaled by a negligent driver, the insurer offered me way less than it was worth and nothing for the weeks I couldn’t work. They fought for me and recovered not just the fair value of my vehicle, but also the lost income I needed to make my truck payment and keep my business going. They understand what it’s like to be an owner-operator.”
– Independent owner-operator, Texas
“I’ve been driving for 30 years and never knew I could claim downtime until I found this firm. They explained everything clearly, handled all the paperwork, and got me paid for the three weeks my rig was down. I recommend them to every trucker I meet.”
– Driver, Georgia
“Our fleet had several not-at-fault accidents where we paid our drivers’ downtime but never recovered it from the at-fault parties. They showed us how to pursue subrogation and recovered significant amounts that went right back to our bottom line. Now we contact them immediately after any incident.”
– Fleet manager, Illinois
“The at-fault party’s insurance company kept saying they’d only pay for days in the shop, not the weeks I waited for parts. The team knew exactly how to document the parts delays and prove I couldn’t work. They recovered every day I was down, plus diminished value I didn’t even know I could claim.”
– Owner-operator, California
We know trucking isn’t easy. Long hours of service, time away from family, constant pressure to prevent accidents and maintain equipment, regulations that change constantly, and tight profit margins that leave little room for error.
When a negligent driver causes an accident, you shouldn’t have to absorb that loss.
We respect the work you do, we understand the economics of your business, and we fight to make sure you’re made whole after not-at-fault accidents.
We’re specialists because we believe in doing one thing exceptionally well. We could be a general practice firm handling all types of cases. Instead, we focus exclusively on commercial vehicle property damage and downtime because that’s where we can provide the most value to truckers.
We’re not generalists. We’re specialists. And that makes us better at what we do.
We tell you the truth about your case from the start. If we don’t think we can recover significant compensation for you, we’ll tell you that during the consultation. We don’t take cases we can’t win just to collect fees.
Our reputation is built on results, not promises.
You’ll never wonder what’s happening with your case. We:
It’s your case. We work for you.
The sooner you contact us after an accident, the better we can protect your rights:
Accident scenes are cleaned up, witnesses' memories fade, and documentation gets lost.
Adjusters will contact you quickly trying to get statements or settlements before you know your rights.
You have a duty to mitigate your damages, which means making reasonable efforts to reduce your losses. We can advise you on what that means in your situation.
Every state has deadlines for filing lawsuits. Miss the deadline and you lose your right to recover.
Gathering repair estimates, income records, and other evidence is easier when the incident is recent.
Take photos, get witness information, and make sure a police report is filed.
Even if you think you might have contributed, don't make statements admitting fault, don’t put anything in writing without legal guidance.
Report the incident but be careful about detailed statements until you've consulted with us.
Keep all receipts, repair estimates, rental quotes, and income documentation.
Insurers may offer quick settlements with releases that waive your right to claim downtime. Don't sign anything until we review it.
The sooner we're involved, the better we can protect your interests.
If you’re a driver, owner-operator, or fleet operator who lost income due to a not-at-fault accident, don’t let insurers minimize or deny your case.
A downtime claim (also called loss of use) is a claim for the income you lost while your vehicle was unavailable after an accident. If an at-fault party caused the incident, their insurer is responsible for your lost income, not just repair costs. Other terms for downtime include business interruption losses, lost profit, and lost income.
Statutes of limitations vary by state for property damage claims. Practical considerations favor filing quickly – evidence is fresher, insurers are more cooperative, and you need the money now, not years from now.
Yes, typically. If comparable rental vehicles weren’t available, were too expensive, or didn’t meet your specialized needs, you can still claim the income you lost in almost every state. We help document why you couldn’t mitigate and prove your actual losses.
That’s a common tactic, but we believe it’s wrong. The law recognizes in almost all states that downtime includes all reasonable time the vehicle was unavailable, including parts delays, inspection time, and other necessary downtime. We know how to counter this argument.
While you might be able to pursue a case yourself, professional representation may significantly increase recovery. Adjusters know that unrepresented claimants often accept low offers or give up after the first denial. Having us, a truck accident lawyer, on your side changes that dynamic.
You still have the right to recover from at-fault parties. Your captive should pursue third-party recovery, and we can help them do that. Recovering from at-fault parties improves your captive’s loss performance and benefits all members. We can help recover anything your captive does not pursue.
Nothing upfront. We work on contingency for all clear liability cases, which means we only get paid if we recover compensation for you. Our fee comes from the settlement or judgment, so you risk nothing by hiring us.
We represent truckers nationwide throughout the negotiation process. Wherever it happened, we can help. We work with local counsel throughout the country to litigate when necessary.
