Trucking & Transportation Defense

Gentry Locke attorneys understand the trucking business. We know that despite the driver shortage, ever-changing regulatory landscape, rising fuel costs, and runaway jury verdicts, motor carriers drive America’s economy. Our trucking defense attorneys work closely with clients on virtually every key issue. We know how to navigate and assist with the Electronic Logging Device (“ELD”) mandate, hours-of-service (“HOS”) rules, Compliance Safety Accountability (“CSA”) scores, and the Federal Motor Carrier Safety Regulations (“FMCSR”)—to name a few. We understand the complex industry issues companies transporting cargo and people face and how legislation governing vehicle operation can impact business operations and liability claims.

In the event of a property damage, cargo loss, personal injury, or wrongful death claim, our skilled transportation attorneys seek to achieve optimal risk management solutions, including negotiating claims to resolution before a lawsuit is even filed. We place special emphasis on early claims evaluation and resolution. Our 24-hour emergency response team ensures clients are protected around the clock.

Gentry Locke is uniquely situated to provide rapid response services statewide in both Virginia and West Virginia. We know statements made in the aftermath of a collision could be the difference between winning and losing a multi-million dollar lawsuit. Assembling key evidence at the outset of a catastrophic event can prevent lawsuits and aid in the expedient resolution of claims. Our experienced, in-house investigator and rapid-response attorneys work to coordinate accident scene investigation, including on-site evaluations, use of expert witnesses to evaluate liability, environmental clean-up procedures, and cargo containment issues. Our in-house registered nurses review and analyze medical records to assist in assessing a claim’s value.

In the event a lawsuit is filed, our transportation attorneys are no strangers to the courtroom. We have substantial state and federal court litigation experience throughout both Virginia and West Virginia and have tried many cases to defense verdicts for transportation clients, before both judge and jury.

We are proud to counsel top-25 truckload carriers, family-owned trucking companies, and individual owner-operators. We represent intra- and interstate motor carriers, private fleet operators, hazardous cargo carriers, and shippers, both directly and through their insurance brokers and carriers. In addition to litigating personal injury, product liability, and class action complaints, we offer assistance to our transportation clients in their day-to-day operations, including, but not limited to, safety regulation compliance, labor and employment matters, mergers and acquisitions, workers’ compensation claims, and overweight citations.

Ashley Winsky, who leads the firm’s Transportation and Trucking Defense practice, is an active member of the American Trucking Association (“ATA”) and the Transportation Lawyers Association (“TLA”). She attends both organizations’ annual conferences, as well as the American Bar Association (“ABA”) Transportation Megaconference and the Arkansas Trucking Seminar. Ashley frequently presents on topics of interest to trucking companies, their insurers, and their lawyers.

Ways We Can Assist:

  • Accident scene investigation
  • Federal Motor Carrier Safety Regulation (“FMCSR”) compliance
  • Department of Transportation (“DOT”) compliance
  • Transportation of hazardous materials regulation
  • Fuel spills and cargo containment issues
  • Overweight citations
  • Property damage, cargo loss, personal injury, and wrongful death litigation
  • Arbitration and mediation
  • Appeals
  • Insurance and risk management
  • Class action defense and complex litigation
  • Commercial and contract disputes
  • Controlled substances and alcohol testing and policies
  • Driver qualifications
  • Driver training and company policy manuals
  • Occupational Safety & Health Administration (“OSHA”) compliance
  • Workers’ compensation claims
  • Independent contractor classification
  • Americans with Disabilities Act (“ADA”) hiring requirements
  • Wrongful discharge claims
  • Wage and hour claims
  • Acquisition and sale of assets and/or stock
  • Corporate structuring and business transactions
  • Business Litigation
  • Products Liability
  • Real estate sales and purchases

Rapid Response Services: 

Coverage Area Maps

  • 24/7 availability
  • Firm airplane
  • In-house private investigator
  • Attorneys equipped with emergency response kit
  • Coordination with forensic experts equipped to conduct vehicle scans and electronic data downloads on scene
  • Post-accident investigation and eyewitness interviews
  • In-house registered nurses to review medical records
  • Coordination with criminal defense counsel
  • Existing relationships with experts in the fields of human factors, biodynamics, and accident reconstruction
  • In-depth knowledge of the Federal Motor Carrier Safety Regulations
Have questions? Contact us.