Trucking Company Lawyer | PCS Law
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PROFESSIONAL DISCIPLINE

Trucking Company Lawyer

Trucking and Transportation Lawyers – Get in Touch for Legal Advice.

Toronto Trucking Lawyers

 

As the trucking industry continues to grow in response to overwhelming demand, regulations and safety standards at the provincial, municipal, international, and federal levels continue to tighten in response. Having a better understanding of the nuanced laws that apply in relation to overall liability, personal injury claims, logistics, arbitration, and beyond is critical to keeping your trucking company running smoothly, and an experienced trucking company lawyer can help you with that.

Understanding Transportation Law

Transportation law addresses the intersection of commerce and travel that occurs on our roadways, by air, by rail, and on the water. Transportation law is primarily concerned with the implementation and enforcement of safety standards, restrictions, and guidelines within these modes of travel, as well as the involved logistics.

Canadian Transportation Agency

A primary regulator of transportation law throughout Canada is the Canadian Transportation Agency (CTA). CTA is a leading authority over the rules and regulations that govern the trucking industry, rail carriers, air carriers, and marine modes of transportation. Transportation law encompasses an array of legal concerns that include personal injury.

Compliance

Remaining in compliance with all the trucking laws, rules, regulations, and restrictions that apply to your operation is critical to your overall success, which includes limiting your liability. An experienced truck lawyer can help.

Legal Services for Trucking Companies

Transportation laws are as complex as they are technical, and remaining in compliance is the surest means of protecting your financial interest in the trucking industry. Legal services provide careful guidance to trucking companies with respect to interpreting applicable laws in the context of business practices and compliance. 

Legal Guidance

Trucking company lawyers help trucking companies protect their legal interests with respect to their overall operations and guiding laws. Remaining on the right side of the law protects your operation’s bottom line, and having the professional legal counsel of a seasoned trucking lawyer in your corner is highly recommended.

Issues Handled

Trucking lawyers handle a wide variety of legal issues that can include all the following:

 

  • Truck Accidents – There is no shortage of truck accidents out there, and truck lawyers ably represent trucking companies whose truck drivers and rigs are involved in these dangerous crashes.
  • Damage Claims – If an 18-wheeler in your fleet is damaged in the course of an accident or as a result of any other covered occurrence, it’s important to recognize that the involved insurance company is on the side of its own profits. Seek the legal counsel of a trusted trucking company lawyer.
  • Regulatory Compliance – The trucking industry is overseen by multiple regulatory authorities, and the highly complex rules, regulations, and guidelines can be exceedingly difficult to interpret. Having focused legal representation is in the best interest of your company.
  • Labour Law Compliance – in addition to careful oversight in relation to industry regulations, there are also important labour laws that apply to your company’s policies regarding your drivers and other employees. Compliance is key.
  • Contract Concerns – The trucking industry runs on contracts, and a serious contract dispute can directly affect your operations. Further, remaining abreast of the ongoing shifts in contractual laws can help you keep your business lean.
  • Ongoing Guidance – Running a profitable trucking company is an enormous undertaking, and compliance alone can lead to ongoing legal needs. Having a trucking lawyer on board who knows how your company runs and is available when you need them can help you better manage your business, including in relation to insurance concerns, personal injury claims, and labour issues.

 

Whether your operation is immense, quite small, or somewhere in the middle, working closely with a well-respected trucking company lawyer can help you better protect your business from considerable legal risk.

Personal Injury and Liability Claims

The trucking industry is integral to the Canadian economy, and its fast pace helps to ensure that personal injury and liability claims are a concern. The massive size and weight of tractor-trailers translate to very dangerous accidents in which the occupants of the other vehicles involved are far more likely to be seriously injured. In other words, personal injury and liability claims are not uncommon, and bringing your strongest defence is always advised.

Legal Issues

Personal injury claims can involve extremely high damages, and effectively defending your trucking business from serious financial consequences is both time-consuming and legally complex. The claimed losses often address property damage to the other vehicle, medical expenses that can be ongoing, lost income that can include lost earning potential, and physical and emotional pain and suffering that can exceed all the other categories of loss combined.

Defence Strategies

While the size and the weight of commercial trucks greatly increase the risk that truck accidents will cause serious losses, it does not mean that truck driver negligence is always responsible. As such, common defence strategies include all the following:

 

  • The Other Driver’s Fault– Sometimes, the other driver is entirely responsible for a truck accident, and proving this generally comes down to the matter of evidence and having practised legal guidance behind you.
  • Comparative Negligence The other driver may share negligence in the matter, which means comparative negligence laws that vary by jurisdiction will likely come into play. Comparative negligence reduces the trucking company’s liability by the percentage of fault the other driver bears.
  • Inadequate Proof of Damages – In order to obtain the compensation the claimant seeks, they are required to prove the extent of their damages. If they are unable to adequately do so, the trucking company’s liability is diminished.
  • Sudden Emergency – If your truck driver was responding to an emergency on the road for which they had no safe driving alternative, liability in the event of an accident may not be an issue.

 

There are also matters such as the statute of limitations – or the time limit for filing a lawsuit against your company – and any relevant pre-existing conditions the claimant may have that could affect the truck accident case against you.

Your Trucking Company Lawyer

Your trucking company lawyer is well positioned to help guide any personal injury claims you face effectively and efficiently forward – in pursuit of favourable resolutions that support your company’s financial standing, reputation, and growth.

The Role of Trucking Company Lawyers

The focused efforts of your trucking company lawyer will include all the following:

 

  • Carefully assessing your legal needs
  • Bolstering your company-wide regulatory compliance
  • Engaging in skilled contract drafting and negotiations that protect your business
  • Providing insurance defence in the face of liability and accident defence in the face of personal injury claims
  • Addressing employment law in relation to contracts, workers’ compensation claims, and wage and hour laws

 

Your truck lawyer’s extensive experience successfully handling the legal complications that operations like yours often face can afford you the peace of mind that comes from knowing you’re in good legal hands.

Trucking Logistics Companies

Trucking plays an undeniably important role in the supply chains that keep Canada and the world running smoothly. Trucking logistics refers to the foundational planning required to make freight transport as effective and efficient as possible. This includes every decision involved, from routing to driver assignments, the procurement of vehicles, fuel considerations, and well beyond. Each offers an opportunity for optimization, and it all factors into the legalities involved. 

Legal Matters in Maritime and Air Transportation

The field of transportation law goes well beyond the trucking industry to include legal matters in both maritime and air transportation. Issues related to maritime law and air carriers have increased in direct correlation to the increase in both regional and global trade. The never-ending quest for the most efficient transit of consumer goods drives these evolving laws, which can directly affect regulatory matters in the trucking industry.

Administrative Tribunals and Regulatory Matters

The Transportation Appeal Tribunal of Canada (TATC) affords the national transportation sector recourse in the face of administrative actions on the part of the Minister of Transport and CTA. The issues involved are complex legal matters, and trucking lawyers often play a pivotal role in various administrative tribunals, as well as how the related legal concerns are resolved.

Joint Ventures and International Sales

Joint ventures in the transportation of goods often relate to international sales, and while the rewards can be considerable, the legalities are challenging. Joint ventures that are both well-planned and well-executed can deliver excellent results, but the related regulatory concerns tend to be daunting. Trucking lawyers capably tackle the legal issues related to joint ventures and international sales within the trucking industry by knowledgeably taking on issues related to all the following:

 

  • Disputes
  • Local laws that are mandatorily applicable
  • Remedy restrictions
  • Minority investor protections
  • Liabilities
  • Evidence disclosure

 

The advantages of having the professional legal counsel of an accomplished trucking company lawyer behind you can be difficult to overstate.

Fee Structures and Commercial Arbitrations

Arbitration is a popular and widely used dispute resolution process that, much like litigation, employs a neutral third party to render a legal decision. In commercial disputes, arbitration is often employed as a private alternative to trial. In the commercial realm, arbitration is generally a binding adjudicative process.

 

If you run a trucking company, you are not likely to completely escape commercial arbitration, and your trucking lawyer’s fee structure is an important consideration. While different firms employ different approaches, flat fees that allow you to control and account for the associated legal expenses and that do not include hidden costs are often an excellent choice.

 

Some of the benefits of arbitration include the following:

 

  • It is voluntary – unless it falls within legislative confines that mandate arbitration.
  • The involved parties have considerably more control over matters such as choosing the neutral party, the schedule, and the location.
  • Arbitration is typically conducted in private.
  • Arbitration is far less formal than going to court.
  • Arbitration is confidential, which can prove especially beneficial to your business.
  • The arbitration process is far more flexible than litigation.
  • Arbitration is more likely to inspire settlement.
  • Arbitration is generally considerably less costly and less time-consuming than litigation.

Safety Standards and Litigation Experience

When it comes to the trucking industry, safety standards are paramount. 18-wheelers are massive machines that can cause considerable damage, and safety must be a top priority. If you’re facing a personal injury case in which negligence in relation to your company, your truck driver, or both is called into question, having a solid defence is crucial, and for that, you need a savvy trucking company lawyer with a deep, broad understanding of the regulatory and legal landscape. 

Trucking Lawyers at the Federal Level

Legal trucking transportation concerns in Canada often involve the intersection of federal, provincial, and local laws, which makes having impressive experience at the federal level important. This includes the need for expertise in all the following:

 

  • Rate and service negotiations
  • Regulatory matters
  • Disputes
  • Operations and logistics
  • Cargo claims
  • Commercial undertakings
  • Government relations efforts

 

Having a firm background in federal procedures, laws, and regulations can go a long way toward improving the outcome of your case and safeguarding your company’s financial future.

Reach Out to an Experienced Trucking Company Lawyer Today

The trucking industry is thriving throughout Canada, and the entire world and it plays a critical role in the global economy. Logistics are essential to running a tight trucking company, and ensuring careful compliance with all the nuanced local, municipal, provincial, and federal restrictions, rules, regulations, and guidelines is a key element of success but is also a tall order. Our esteemed legal team consists of reputable trucking lawyers who boast a wealth of experience helping trucking companies like yours navigate the challenging course forward toward success, and we are here for you, too. Our impressive track record and litigation experience speak for themselves, and we encourage you to reach out for the legal guidance you need by contacting us and scheduling your initial consultation today.

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The sooner you hire the right professional discipline lawyer, the better your odds.

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