Owner Operators & Independent Truckers

Lawyers for Owner Operators

Eckert & Associates, P.A. helps owner-operators in the trucking and commercial transportation industry recover lost income when their commercial motor vehicle is down after a not-at-fault truck accident. Our law firm handles downtime (loss of use), property damage, and related legal issues throughout the United States on a contingency fee basis with free consultations. We align with FMCSA and state and federal best practices to assist clients efficiently.

What Is Downtime?

Downtime refers to the interruption of your business when your truck is out of operation after a crash. During this period, you’re unable to haul loads and generate income, which creates a measurable financial loss. A downtime claim helps recover that loss.

Don’t Take Our Word for It, Hear From Truckers

Service OverviewAttorney Support for Truck Drivers and Owner-Operators

We build, document, and negotiate your downtime claim so you can recover lost profit for the days your commercial vehicle is out of service. Our attorneys compile earnings evidence, coordinate with carriers and repair facilities, and present structured demands to the at-fault insurer. This trucking law guidance helps you navigate safety regulations and valuation questions.

Where We WorkTrucking and Commercial Claims Across the U.S.

We serve owner-operators and small business owners throughout the United States and coordinate with local counsel when litigation is needed. Our practice group focuses on trucking cases and accidents involving commercial motor vehicles.

What’s Included in Your ClaimFull-Service Downtime Support

We tailor each claim to your routes, rig, and earnings history in the trucking industry.

Lost Income (Downtime)

Calculate loss of use when your equipment is out of service; determine daily lost profit and working days down; align with the repair or replacement timeline.

Repairs & Property Damage

Coordinate with repair facilities; track estimates and invoices; address total-loss and catastrophic equipment damage.

Mitigation & Rentals

Record rental attempts or denials; evaluate rental economics; support reasonable mitigation without uneconomic rental decisions.

Related Legal Services

Document towing and out-of-pocket costs tied to equipment downtime; assess diminished value when applicable; organize evidence for faster review.

Lost Contracts & Dedicated Runs

Evaluate lost business opportunities, cancelled loads, and affected dedicated lanes resulting from your truck being out of service.

Help You Navigate Legal IssuesAttorney-Led Guidance

Our team of experienced transportation attorneys and insurance claims adjusters understands federal motor carrier safety regulations and state law impacts on loss of use. We provide legal counsel that aligns with best practices used by trucking companies, shippers, and motor carriers. This approach supports fair resolutions with companies and their insurers.

When to StartAfter a Truck Accident or Total Loss

Contact us as soon as your commercial motor vehicle is involved in an accident and cannot operate.

Early documentation of earnings, repair dates, and rental attempts strengthens your position under state and federal rules.

Successful Trucking OutcomesFrom Parked Rig to Documented Recovery

We convert downtime into a documented claim with earnings proof, repair evidence, and mitigation records. You receive a structured demand and negotiation support while you focus on keeping freight moving.

A Simple, Driver-Friendly Process

Timing varies by documentation completeness, repair duration, and insurer responsiveness. We provide updates at key milestones.

Step 1

Free Consult

Review liability, coverage, and potential losses with a member of our law firm.

Step 2

Sign & Build

Contingency agreement; gather proof of earnings, ELD/logs, and shop records.

Step 3

Demand & Negotiate

Present loss-of-use valuation; address insurer objections and trucking accident defense arguments.

Step 4

Resolve & Disburse

Settle the claim and disburse funds. Timeline: Timing varies by documentation completeness, repair duration, and insurer responsiveness. We provide updates at key milestones.

Owner-Operator, Independent Contractor, and CaptiveSpecial Situations

We evaluate leased-on independent contractor arrangements, partial operations, and total-loss timelines to align recovery with policy and state law. If comparable rentals are unavailable or uneconomical, we document attempts and alternatives consistent with transportation law expectations.

Documents That Speed Your Claim Best Practices for Trucking Clients

These items help calculate lost profit and show reasonable mitigation in trucking cases.

Earnings Proof

Settlement statements; rate confirmations, or factoring statements; dispatch/load history; ELD/telematics; unit-level P&L for owners and operators.

Repair Evidence

Estimates and invoices; repair start and finish dates; parts delays; total loss and replacement timing.

Mitigation Records

Rental attempts/denials; cost comparisons; notes on leasing or partial operations; proof of specialized equipment.

Support for Truck Drivers, Carriers, and the Transportation Industry

Our attorneys assist clients across the transportation industry

We assist clients on property damage and loss-of-use matters. Where appropriate, our law offices also advise on related personal injury and wrongful death claims arising from accidents involving commercial motor vehicles.

Ready to See What Your Downtime Is Worth?

Speak with our trucking-focused team today to understand the value of your downtime claim and what recovery may look like for your operation. There are usually no upfront fees; you pay only if we secure compensation after liability has been accepted.

Owner Operators & Independent TruckersFrequently Asked Questions

How does your practice group support trucking companies on downtime claims?

Our trucking attorneys advise clients on documentation, valuation, and negotiation under state and federal law and agencies’ rules. A dedicated response team is able to assist transportation clients quickly to reduce cycle time.

What happens if a commercial motor vehicle claim goes to litigation?

Our team of referral lawyers can litigate when necessary. We coordinate with local counsel under state and federal procedures. Experienced attorneys prepare evidence compliant with Federal Motor Carrier Safety Administration (FMCSA) standards.

Do you handle catastrophic losses involving motor vehicles and fleets?

Yes, our trucking practice handles catastrophic property damage and total loss scenarios for trucking clients and freight forwarders. We align repair or replacement timelines with FMCSA guidance and applicable state law.

How do you approach trucking accident defense issues raised by insurers?

We address trucking accident defense arguments with earnings proof, repair records, and mitigation evidence to ensure compliance with state and federal law. Attorneys provide carrier-ready demand packages to streamline resolution.

What should business owners and owner-operators gather after an incident?

Collect settlement statements, dispatch data, ELD/telematics, repair estimates/invoices, and rental attempts or denials. These records help our attorneys advise clients and demonstrate reasonable mitigation throughout the United States.

Do best lawyers practices apply to CDL drug and alcohol testing issues in claims?

We follow best lawyers practices by verifying drug and alcohol testing compliance for commercial driver’s license (CDL) holders where relevant. Documentation from state agencies and the Occupational Safety and Health Administration can help resolve related legal challenges.

Can your team help commercial motor vehicle carriers ensure compliance?

Yes, our transportation and logistics referral counsel help carriers ensure compliance with federal motor carrier safety administration rules and employment laws. We advise on many types of trucking operations and causes of trucking delays that affect loss of use and valuation.

What wide range of legal services do your experienced attorneys handle for transportation clients?

Within our office, we handle matters relating to traffic accidents, insurance claims, valuation of equipment, and downtime. We refer other types of trucking matters to referral attorneys throughout the nation.

Eckert & Associates, P.A. does not guarantee the confidentiality of any communications sent by e-mail or through its website, or left in voicemail messages on firm telephones. Unsolicited information and material may not be treated as confidential and will not be protected by an attorney-client privilege and may be unsecured. Accessing or using this website does not create an attorney-client relationship. Although the use of the website may facilitate access to or communications with member of Eckert & Associates, P.A. by email or voicemail, receipt of any such communications or transmissions by any member of Eckert & Associates, P.A. does not create an attorney-client relationship, unless our firm formally agrees to represent you in writing.

The information provided on this site is general in nature and is not legal advice. The hiring of a lawyer is an important decision that should not be based solely on advertisements. One of our goals is to assist you in making that decision by assuring that you know more about the law and the nature of legal issues which are of concern to you. Before you decide, ask us to send you free written information about our qualifications and experience.