The interstate commercial trucking industry represents a vital sector of the American economy. Subrogated trucking casualties involve a complex interplay of state and federal laws and regulations. They can be much more complex than common automotive collisions, and not always well understood.
In addition to the normal automotive losses and accident liability, trucking company exposure may include:
- Damage to a tractor or trailer
- Special insurance coverage questions
- Government Tort Immunity
- Spoiled or damaged cargo
- Liquidated damages
- Contractual disputes
- Common carrier transportation documents
- Loss of Use
- Administrative Costs
- Third Party Threshold issues
- Limited liability constraints
As a perceived deep pocket, trucking companies may be considered the most likely party at fault in an accident. However, a thorough investigation into an accident often reveals relevant third party negligence which a subrogated claim makes available for recovery. Loading companies, maintenance companies, and other negligent tortfeasors may be responsible for a negative outcome.
Rathbone Group’s decades of experience handling trucking subrogation offers an opportunity to recover damages unique to trucking claims. Pursuing all damages available under a subrogation claim increase the likelihood of a maximum recovery of losses, significantly increasing profits and reducing the company’s loss ratio.
Rathbone Group is well-versed in the federal and state laws that govern subrogation for trucking companies, so the firm is able to navigate even the most complicated subrogation claims involving multiple parties.