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Mitigation: A Trucker’s Unknown Enemy
The trucking industry is full of battles and challenges. One such challenge is the potential for accidents, which can cause damage to both the truck and the driver. While accidents are a known enemy for truckers, mitigation is an unknown [...]
Downtime Got Your Fleet Income Down?
Trucking companies rely on their fleets of vehicles to generate income. However, accidents can happen. When they do, a fleet can be brought to a halt, causing a loss of income. When no-fault accidents happen to your business, it's vital [...]
Can a Dash Cam Save Your Claim?
Dash cam videos can be an essential piece of evidence in your insurance claim. For many of our clients, dash cam videos are so important, that their case relies on the video. One of our clients was struggling [...]
When an Accident Crashes into Your Business
Picture it: It’s nearly 6 o’clock in the evening, and the sunset is just beautiful—blanketed behind orange and pink hues. Your driver-side window is cracked, letting in the cool breeze from outside. You smile in appreciation; this morning your windows [...]
Buck the Truck with Freddie and Freckles
Meet Freddie, Freckles, and Buck the Truck! Everything was going well for Buck and his friends. Until all of a sudden... BAM! A cargo trailer backed right into Buck! What were Buck and his friends going to do? Buck and [...]
Lawyers that Represent Truckers for Downtime Losses
Accidents Cause Business Interruptions In the trucking industry, it is quite common for people to hear about suing truck drivers for injuries or damages, but did you know there are lawyers that represent truckers for business interruption? It is so [...]
3 Tips on Managing your Factoring Relationship
Invoice factoring is one of the most accessible financing tools used by owner-operators and small fleets throughout the U.S. If you’re not already familiar, invoice factoring allows truck company owners to sell their invoices for immediate cash instead of waiting [...]
Owner Operator Truck Insurance Cheat Sheet
Truck insurance for Owner Operators doesn’t have to be confusing. Here’s a quick cheat sheet on what you need to know about your commercial truck insurance policy. Primary Commercial Auto Liability Primary Commercial Auto Liability is the type of liability [...]
Don’t Let Mitigation be Your Nightmare!
A commercial driver’s world is rocked when they get into an accident. It can be a huge hassle to deal with an insurance claim while trying to get a vehicle back on the road. Unfortunately, many truckers don’t know about [...]
Livestock on the Highway?
Ranchers and farmers have a duty to keep their livestock behind fences in most areas. They certainly are required to keep them off of federal highways. If a horse or cow is loose and causes you to have an accident, [...]
Exotic Loads and Downtime Claims
Some of our highest dollar cases are for clients who haul “exotic loads” – windmills, tankers, car haulers, oversized loads, houses, and government explosives. Many of these loads require permits as well as car escorts. What happens when these high [...]
Women in Trucking and Women in Law
Both the transportation and law fields were dominated by men for many years. Both have made vast improvements in the development of women in the fields. Women In Trucking Association, “WIT”, promotes gender diversity in the transportation industry. WIT highlights [...]
Heavy Hauling & Accident Claims
It’s a well-known fact throughout the trucking industry that four wheeled vehicles are usually the at-fault party in traffic accident between semis and cars. The Windmill Example of an Oversized Load: Owner Operator, David, has a small but profitable trucking [...]
Limos & Lost Business Income
Near our hometown in North Florida, we occasionally see a Chicken Limo pass by. This oversized party-on-wheels has a giant chicken head on the roof. Our law firm’s staff has been begging for an office outing in it. One of [...]
Authority Revoked? What Can You Do?
You paid your insurance premiums on time. One day, out of the blue, you get a notice that your operating authority is being revoked. Why? Somehow, FMCSA doesn’t have record that you paid your insurance premiums. What?? How can this [...]
Be Prepared; Accidents Happen!
Jack is a million mile safe driver. Recently, he was properly parked at a loading dock when a distracted trucker swung too wide and hit his truck. This accident wasn’t Jack’s fault, and there was no way he could have [...]
What is AB5 and How Does it Impact the Trucking Industry?
Estimated reading time: 4 minutes On June 30, 2022, the United States Supreme Court declined to hear the Ninth Circuit’s decision in California Trucking Association v. Bonta, 996 F.3d 644 (9th Cir. 2021). At issue in the case was a [...]
Truckers Have Personal Injuries Too
Jorge, a professional truck driver, was traveling north on I-95 when a car decided to brake suddenly in front of him for no apparent reason. With as much effort as humanly possible, Jorge did his best to stop his tractor [...]
Dividing Up the Pie with Limits Issues
On a summer day in Dallas, Texas, you’re driving your big rig along Interstate 20. An 18-year-old girl, on the phone, hits you. Everyone’s okay and the girl’s given a ticket. But your truck has $20,000 of damage. You file [...]
Can RVs Have Downtime Losses?
Mike and Maria own a small RV store of 35 recreational vehicles. These motor homes are all in high demand throughout the summer months. In June, one of their vehicles was hit by a careless driver and sustained extensive damage. [...]
St. Christopher Truckers Relief Fund is Here to Help!
Estimated reading time: 3 minutes Sometimes people just need a helping hand. An accident and injury may push an owner operator into a financial predicament. Others may be suffering from health problems or a family health crisis that keeps them [...]
Is Your Fleet Equipment Undervalued and Underinsured?
As supply chain issues accelerate, companies face challenges in parts replacement, equipment production, and a massive shortage of trucks and repair staff. Here’s how to ensure your equipment isn’t underinsured. From supply chain to sourcing replacement parts, finding new and [...]
Supersized Downtime Losses
Kyle hauls supersized windmill blades throughout the Midwest. He has an impeccable safety record. But last month, his tractor trailer was hit by a woman driving a car insured by Geico. The damage put Kyle out of service for two [...]
5 Questions About Business Interruption Claims
All types of businesses experience interruptions now and then, whether due to electrical outages, accidents, or even a pandemic. Interruptions in work flow can cause large losses of business income. Depending on the type of claim, an insurance policy may [...]
What is Freight Factoring?
If you are in the trucking industry, you have probably heard of “freight factoring”. Freight factoring is such a useful tool for small and medium sized businesses. The benefits of working with a factoring company (if you choose the right [...]
Truckers Have Rights Too! Protect your Business from Lost Income
Mayhem at McDonald's A sports car careened down the road out of control, hit a curb and flipped up into the air. It landed right in the lobby of a McDonald’s restaurant! Thank goodness no one was hurt! The front [...]
What Owner Operators Need to Consider Before Leasing to a Carrier
Owner-operators enjoy the freedom of being able to choose the loads they haul and how they schedule their time. Being your own boss certainly has its perks, even if you decide you want to lease your driving service and equipment [...]
Lost Wages are Different than Lost Income
Eckert & Associates, PA primarily represents trucking clients with property damage claims. We proceed against at-fault parties and their insurance companies for payment. In our experience, insurance companies treat lost wages from bodily injuries separately from lost income of equipment. [...]
Where Have All the Parts Gone?
Eckert & Associates’ attorney Jason Schafer and I hear clients’ frustrations daily about delays in truck repairs because of back ordered parts. COVID has created nightmares in the supply chain for aftermarket truck and trailer parts. Ports are backlogged, manufacturing [...]
Bad Fuel is No Joke: What if it Happens to You?
Pain at the pump means more than the high price of fuel for owner operator, Marty. After fueling up his semi at a truck stop in Southern Illinois last year, his truck broke down. “I fueled up and made it [...]
COVID’s Got Your Income Down? Supplement Your Income with Downtime Reimbursement
The Coronavirus pandemic has rocked our economy, but as always, truckers have come through for the American people. According to Transport Topics: Truck drivers have been among the front-line responders to the pandemic, delivering medical supplies and equipment to hospitals [...]
Post-accident Equipment Financing
In the United States, there are approximately 350,000 independent OTR owner-operators. This accounts for 9 percent of the 3.5 million truck drivers overall. In addition, annually, there are about 500,000 accidents involving tractor-trailers. Eighty percent of which are not the [...]
It’s almost Christmas! Don’t let Downtime Losses play Scrooge with your Income!
Some small trucking businesses are fortunate to have dedicated runs and haul very consistent loads week in and week out. However, most companies’ loads are not as consistent. Loads may fluctuate with the holidays, growing seasons, market demand, and other [...]
Expedited Trucking
I am often asked what are the pros and the cons of expedited trucking versus standard trucking. The lists are long. While most people know about the “standard” trucking world, the expedite industry can be very different. I often refer [...]
Utility Companies Have Downtime Too!
A car runs into your utility truck. Based on the damage, that company truck could be down for weeks. While the car’s insurance might pay for your repairs, there’s also the lost income while the truck’s down. Business Interruption Expense [...]
OWNER OPERATOR TRUCK INSURANCE FAQs
Originally Published on January 13, 2021 by 925 Partners Insurance Agency Written by: Jonathan Wallace, EVP at 925 Partners Insurance Agency At 925 Partners, we love helping owner operators achieve their dream of owning and operating a successful trucking business. [...]
Don’t Sign that Release!
Two new files almost made me cry today. Each client had a great downtime claim...but they each signed a release that, unbeknownst to them, gave up all their rights to go after any money for their downtime losses. It is [...]
How Do I Get My Truck’s Insurance Claim Paid?
After an accident, you may feel like a fish out of water not knowing what to do. Perhaps you’re a million-mile safe driver and this is the first time you’ve ever filed a claim. You may be thinking, "How do [...]
What can I Claim from the Insurance Company for my Accident?
“ What can I claim from the insurance company for my accident? I’m out more than just my missed loads. My whole business is stopped, and we’re upside down financially now. None of this is my fault!” If you are [...]
How Do I Make an Insurance Claim After an Accident for my Damaged Tractor Trailer?
You drive safe. Why can’t everyone else? Someone hits your truck and now you have to deal with insurance companies. As the owner of a small trucking company, you’d rather be focused on hauling loads than filing claims. However, when [...]
My Truck Got Hit While Parked – What Now?
You're in the bunk, sound asleep when all of a sudden you get knocked to the floor. A new driver backed right into your truck. You can't believe your truck got hit while parked. You’re okay, but your truck is [...]
Do I Need a Lawyer to Handle My Tractor Trailer’s Property Damage Claim?
Insurance Claims after a Trucking Accident Your talents are in trucking, not insurance. When your truck’s been hit, you’re suddenly thrown into the insurance world and expected to know how claims work, property damage claims and personal injury claims. The [...]
Collecting Evidence for Your Insurance Claim
Maybe you were hit by a kid or that driver was just having a rough day. Maybe you were in a hurry to get to your next load. You’re a nice guy. You decide to leave without a police report. [...]
Insurance Claim Questions Answered By a Seasoned Adjuster
How do insurance companies determine the settlement authority of adjusters? Settlement authority can get a little complicated. In most instances, an insurance adjuster who is looking at your property damage claim goes by an industry standard estimating computerized program. It [...]
Tax Relief for Truckers During the Coronavirus
The Coronavirus has hit the trucking industry like a locomotive and it put a major spotlight on just how important truckers are to America. While a linchpin to our supply chain, truckers are one of the most misunderstood independent contractors [...]
How will Coronavirus Impact my Downtime Loss?
With states locking-down and activities being restricted during the Coronavirus pandemic, more and more people across the country are being forced to work from home. Those in the toilet paper and hand sanitizer industries may be loving the [...]
What Truckers Should Do After an Accident
By the very definition of the word, accidents are events that are unexpected. As truck drivers, we have all seen our share of vehicle accidents. Although we hope to never be involved in a semi truck accident, we need to [...]
Mitigation of Damages: The Affirmative Defense of Failing to Mitigate
The adverse party may contend that you did not take the proper action to mitigate your losses and therefore deny your claim for downtime. You must then prove with supported facts that you took every reasonable step to lessen your [...]
Landline Now Podcast: An Upside for Downtime
Attorney, Kelsea Eckert, and Marketing Assistant, Rita Richa, discussed how owner-operators can recover their downtime (lost income) after a not-at-fault accident during appearance on the November 18th episode of the Landline Now podcast. Click below to listen to the interview. [...]
Are Semi Dealership Shops Different from Car Dealership Shops?
Several years back, I served as a service manager at a Chevrolet dealership and a Chrysler/ Dodge/Jeep/Indian/Suzuki dealership, and a service advisor before that at a Chevrolet dealer. You may recognize the typical methods and practices in most dealerships, regardless [...]
5 Ways to Expedite Your Downtime Claim after an Accident
It happens. You can’t avoid every traffic accident. Even the most professional truck driver is bound to get hit at some point because of the extensive time spent on the road. Statistics show most accidents involving commercial trucks [...]
Bodily Injury Claims: Secrets of Insurance Claims, Part 2
Psst! Wanna know a secret? Insurance companies are not your friend! When physically injured in an auto accident, you must consider whether to file an insurance claim with your insurance, the at-fault party’s insurance, or both. To get [...]
7 Deadly Sins: Failing to Mitigate After a Traffic Accident
https://www.youtube.com/watch?v=GDhWaNsClIY As seen in Movin' Out Magazine May 2019 Issue According to the UMTRI, more than 71% of truck driving accidents are caused by passenger vehicle drivers. Only 16% of all truck driving accidents are the [...]
Auto Haulers: Protect Your Business
Most business require a variety of insurance coverage. Truckers face the added expense of downtime coverage, bob-tail coverage, and more. Auto haulers often need even more cargo insurance due to the potential liability to the individual cars being transported. Meet [...]
Depositions
Being deposed is not for the faint-of-heart and should be taken very seriously. As I’ll explain, a deposition can cost you your case as a plaintiff or defendant and cost you your job and career as an expert witness. Even [...]
Motor Carriers: Qualification of Commercial Drivers
One of the many obligations required of motor carriers is to ensure drivers are qualified to operate the commercial motor vehicle they operate. The purpose of commercial drivers' qualification is to protect the traveling community which shares the roads with [...]
Commercial Lemon Law or Breach of Warranty
Please note: Eckert & Associates, PA does NOT handle these types of cases. We're providing the article for your information only. There is no “lemon law” for commercial vehicles, but there is a remedy using the Magnusson Moss Warranty Improvement [...]
Transportation Times Newsletter: Second Quarter 2019
In this issue of Transportation Times, we discuss the Mid-America Trucking Show. Kelsea explains how self-insured fleets can leverage outside help to recover on claims already paid. In addition, learn more about our staff and upcoming events. Click the link [...]
Secrets about Insurance Claims: What They Don’t Want You to Know
After an accident that’s not your fault, you should file a claim with the bad driver’s insurance company. When you file a claim with this insurance company, your claim will be assigned to an insurance adjuster (the adverse [...]
Auto Haulers: Special Considerations for Accident Claims
A teenage driver is playing on his phone while speeding down the highway. He swerves into your auto hauling trailer as well as the expensive Mercedes loaded on the back. Not only do you have to get your [...]
Self-Insured Fleets: Your Claims Department Can Effectively Recover from Other Parties
Is your fleet considering becoming self-insured? If already self-insured, is your claims department successfully recovering from at-fault parties? Many trucking fleets become self-insured to lower insurance costs. The self-insured retention (amount of loss the company covers directly) plays [...]
The Myth of Rear-End Accidents
The Myth Have you heard that when you rear-end another vehicle, it’s automatically your fault? Many people believe this to be true. In fact, many of our trucking clients think there is nothing that can be done if [...]
Authority Revoked Due to Your Insurance Company’s Error?
Many Owner operators and small trucking companies have had their authority revoked through no fault of their own. When a business owner pays their insurance premium on time, but their insurance company fails to file the proper documents with FMCSA, [...]
Will Platooning Get a Chance?
There certainly was a lot of buzz regarding truck platooning and truck automation in 2018, with the industry facing strong headwinds from a variety of sources. The lack of driver capacity increased governmental regulations and a pent-up demand for freight [...]
Transportation Times Newsletter: First Quarter 2019
This quarter we focus on the importance of mitigating your losses in the article "Mitigation Saves Litigation." Learn more about our staff and upcoming events as well. Click the link below to view the newsletter in full. https://www.downtimeclaims.com/wp-content/uploads/2019/06/2019-First-Quarter-Newsletter.pdf
What Makes a Truck DOT Drivable?
Many people say the easiest part of being a professional driver is the actual driving of the truck. Some may believe that holding the steering wheel as you survey the countryside, listening to your favorite song is the perfect way [...]
TRUCK ACCIDENTS ON PRIVATE PROPERTY
In the middle of the night in an Alabama truck stop, Jake[i] was thrown from the bunk in his tractor. Jake grabbed his pants and looked out the window. Another driver had hit him. Jake was barefoot, but [...]
What is the Department of Insurance? How Can It Help Me?
Each state has an agency to regulate and police that state’s insurance industry. This agency is called the Department of Insurance, Division of Insurance, Insurance Bureau, or something similar. Each state’s Department of Insurance “DOI” protects the public interest and [...]
Maximize Recovery of Your Business Hurricane Claims
Has your business lost money due to a natural disaster? Did Hurricane Irma, Hurricane Florence or Hurricane Michael affect your bottom line? Have you considered filing a claim with your insurance company for your lost income? If you have a [...]
CAREFUL WHAT YOU SIGN! Signing a Release After a Trucking Accident
A bad driver hits your rig. You file a claim with his insurance company. They say you have to sign a release before they’ll pay you. You’re tempted, but our trucking attorneys encourage you to be very cautious! There are [...]
Why You May Need to Retain a Trucking Attorney
You’ve been hit by a reckless driver. You report the claim to his insurance company and feel comfortable and encouraged as his adjuster tells you he’ll take care of everything and assures you that you will receive a [...]
Life on the Road and Unexpected Downtime
To quote WILLIE NELSON: "On the road again I just can't wait to get on the road again The life I love is making music with my friends And I can't wait to get on the road again On the [...]
Know Your Insurance Coverage
Being your own boss can be the American dream. As an independent driver, this dream comes with the costs and responsibilities of operating a business. You manage equipment leases, maintenance, fuel, tolls, recordkeeping, accounting, taxes, insurance, and so on. The [...]
Should You Buy a Dash Cam?
How often have you witnessed some driver weaving in and out of traffic, cutting off drivers, and tailgating other vehicles? You think to yourself, “I wish I had a dash cam so I could report this driver!” Now is the [...]
Consider Using a Preferred Provider for Repairs
When making a claim with your insurance carrier or the adverse at-fault insurance carrier, you may be given the option to have repairs done at one of their “preferred provider” body or repair shops. If not, consider asking the adjuster. [...]
Can I Sue the Cow that Struck my Truck?
A herd of black cows gets out of their fenced pasture on a starless night. They wander onto the nearby highway you’re on. You slow down and fortunately avoid all but one of them. You’re okay, but your [...]
Steps to Take If You Are In an Accident Part 4
Subrogation lawyers are trained to handle the negotiations and litigation with the adverse party and their insurance company. If you hire an attorney to help you, these are some of the items they may ask you to provide. In order [...]
Steps to Take If You Are In an Accident Part 3
Finally, once you leave the scene the steps you take in the days after the trucking accident should include the following: File a claim with the other driver's insurance company if the other driver has not done so. Have a [...]
Steps to Take If You Are In an Accident Part 2
The steps you can take at the time of a trucking accident and at the site are very important: After verifying all individuals involved in the accident are okay and dialing 911 if necessary, focus on the property damage, i.e. [...]
Steps to Take If You Are In an Accident Part 1
You've driven your truck for eight years without an accident. Last December, out of the blue, another vehicle sideswipes you and causes $15,000.00 in damage to your tractor. You drive highly specialized equipment and you suddenly find yourself down for [...]
Our Visit to Florida State College at Jacksonville’s Cecil Campus
Our Staff and Joe Lackey of CDL Program Florida State College at Jacksonville The staff of Eckert & Associates, P.A. visited the CDL training program at Florida State College at Jacksonville, Cecil Campus, this week. We had the [...]
Watch the Fine Print on Mechanic Estimates and Invoices!
When you go to a mechanic shop to have repairs made to your equipment, the shop typically gives you an estimate, an invoice, or both. What happens if they mess up on the repairs? The fine print on the front [...]
Have You Heard of the MCS-90 Endorsement?
Sometimes a client is hit by a truck with no insurance coverage. While it is often difficult to get paid in this situation, there may be a viable "deep pocket" option through the MCS-90 Endorsement. Have you heard of the [...]
Downtime – Don’t Take No for an Answer!
A downtime claim happens when a truck is in an accident and unable to earn income. When it is the result of an accident that's the other guy's fault, most states allow for the victim to be paid lost income. [...]
What If the Other Side Doesn’t Believe They’re at Fault and Won’t Fix Your Truck?
Every Case has two steps: 1 - Proving liability (the other side is a fault), and 2 - Proving damages (your losses). If the other side doesn't believe they are responsible, they aren't going to pay for your repairs. In [...]
Downtime Claims for the Owner Operator- Don’t Leave Money on the Table After an Accident
https://www.youtube.com/watch?v=WJkTpHNPytA You're properly parked at a rest stop and WHAM! Some new driver takes out the front of your cab while trying to park his rig. With a sick feeling in your stomach, you know you're [...]
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