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Transportation Law

  • Commercial Drivers and Traffic Citations: Protecting Your Career


    By Chase B. Ames [email protected] 801-365-1022 Everyone hates receiving traffic citations. For most of us it means paying a fine, an appearance in court, or maybe even traffic school. However, a moving violation or other traffic citation can have devastating… Read More

  • Trip Lease Defense on Double Brokered Loads


    By Stevan R. Baxter 801.365.1019 [email protected] When moving freight between states, shippers often hire freight brokers to arrange for licensed motor carriers to physically transport their freight from origin to destination. In order to arrange for that transportation, freight brokers… Read More

  • Where Do I File My Cargo Claim?


    By Stevan Baxter [email protected] 801.365.1019 When a cargo claim occurs on a brokered load, freight brokers often pay that claim to the shipper and take an assignment of the shipper’s cargo claim against the motor carrier. That cargo claim has… Read More

  • New Insurance Option Offers Brokers Unprecedented Protection against Cargo Claims


    Freight brokers often find themselves in a losing game of tug-of-war with carriers when it comes to deciding who will shoulder the costs of lost or damaged cargo. Now, thanks to the emergence of industry-specific insurance, this is starting to… Read More

  • Freight Troubles? How To Avoid Getting Stuck In Out-of-State Litigation


    When something goes wrong in freight transportation, it’s not uncommon for everyone involved to be from different states. Add to that all the states the cargo traveled through, and potential locations for resulting litigation can stack up quickly. With a… Read More

  • What Do I Do With a Broken Seal Load?


    Freight brokers are increasingly facing consignees who reject freight when a carrier shows up at the delivery dock with a broken seal. Here is how you can defend against the trend. In both truckload and less-than-truckload shipments, shippers often require… Read More

  • The Contract Mistake Nearly All Freight Brokers Make


    Too often freight brokers lose out on the opportunity to establish safety nets in their contracts. Freight brokers occupy a unique space in transportation. They arrange for transportation of cargo from point A to point B by selecting a qualified… Read More

  • Vicarious Liability and Independent Contractors: A Short Explanation


    As employers in the business industry know, they are directly responsible for any damages a negligent employee may cause. This is known in the legal field as “respondeat superior” or “vicarious liability” and is imposed regardless of whether or not… Read More

  • Should a Freight Broker Pay the Shipper for Damage to the Shipper’s Cargo?


    A question we frequently get from our broker clients is whether they should pay their client, the shipper, for loss or damage caused to the shipment during transit, and take an assignment of the shipper’s claim against the carrier. The… Read More

  • Time Limits for Filing a Cargo Claim under the Carmack Amendment


    If you have experienced loss or damage to your shipment, you need to act fast. A shipper that has experienced loss or damage to a shipment by a carrier needs to file a claim with the carrier in order to… Read More

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