Practice Areas

Commercial Transportation

TRUCKING | RAILROAD | AUTOMOBILE | RENTAL |

Arthur, Chapman, Kettering, Smetak & Pikala, P.A. has a wealth of experience and expertise in commercial transportation litigation and related insurance issues. We represent trucking companies, railroads, bus and shuttle van companies, medical transportation companies, airlines, and other entities involved in commercial transportation.

We provide our clients with a broad range of services. We have years of experience representing insureds in third-party liability cases. Our attorneys are knowledgeable about commercial vehicle insurance issues that arise in the context of claims in this area and have represented insurers in the handling of a variety of complex transportation insurance matters. When necessary, we litigate insurance coverage matters at both the trial and appellate courts. In addition, our experience in ADR allows us to evaluate cases early and direct them into the proper ADR forum.

Our attorneys have provided training on topics including commercial transportation claims, both at continuing legal education programs, as well as at our own privately-sponsored seminars for our clients. We pride ourselves on our teaching ability, and we conduct client seminars on specific aspects of commercial transportation and insurance coverage and exposure, and assist clients in training their staffs to resolve claims effectively and economically.

Our Workers’ Compensation Practice Group has litigated numerous cases on behalf of trucking companies, transit operations, fleet vehicle operations, and airlines. Our attorneys understand the issues that have a unique impact on these types of cases, including wage issues, independent contractor status, apportionment, and jurisdictional issues. Frequently, issues regarding insurance coverage and subrogation impact these cases, and our ability to work with our Insurance Coverage Practice Group and Subrogation Practice Group enables us to seamlessly handle all aspects of the litigation and to provide appropriate advice to our clients.

Trucking Litigation

Trucking litigation presents unique issues that we have the experience to handle. Arthur Chapman attorneys have represented trucking companies and their insurers in a wide range of disputes, both in and outside of the courtroom. We represent corporate clients, along with their insurers, involved in transporting passengers, goods, or both. Whether you need representation in tort claims, workers’ compensation claims, contract claims, or freight claims, our attorneys can assist you. We have litigated cases ranging from catastrophic losses and accidents to small property damage claims.

Railroad Litigation

A railroad employee who is hurt on the job may be entitled to recover damages from his or her employer under the Federal Employer's Liability Act (FELA). The FELA is similar to a workers' compensation program for railroad employees. The FELA permits railroad employees to recover for any injury "resulting in whole or in part from the negligence of any of the officers, agents, or employees of [the railroad], or by reason of any defect or insufficiency, due to its negligence, in its cars, engines, appliances, machinery, tracks, roadbeds, works, boats, wharves or other equipment." Recovery under FELA is the exclusive remedy for railroad employees injured on the job. Our firm has extensive experience in FELA issues in the context of transportation van accidents involving railroad employees, as well as additional FELA experience working with railroads.

The Longshore and Harbor Worker’s Act

The Longshore and Harbor Worker’s Act (LHWCA) provides workers’ compensation benefits to maritime employees, excluding seamen, who are injured upon the navigable waters of the United States (including any adjoining pier, wharf, dry dock, terminal, building way, marine railway, or other adjoining area customarily used by an employer in loading, unloading, repairing, dismantling or building a vessel). The LHWCA was intended to fill the gap in benefits where state workers’ compensation systems were not available. The LHWCA is similar to state workers’ compensation benefit structures, but differs procedurally in that it is administered by the U.S. Department of Labor, Office of Workers’ Compensation Programs. Seamen and other workers on board vessels are covered under the Jones Act. We are fortunate to have attorneys who have experience in both the federally administered benefit programs and also in the states adjacent to the navigable waters of Minnesota, Wisconsin and Iowa. This is exceedingly helpful where concurrent jurisdiction, choice of law or conflict of law issues come into play.

Automobile, No-Fault and Rental Vehicles

For information about automobile, no-fault, or rental vehicles law, please visit our Motor Vehicle Liability Group.