Transportation

MDS attorneys are committed to the effective representation of transportation companies in all aspects of personal injury, property damage and cargo litigation. MDS attorneys represent many of the nation’s largest carriers as well as smaller carriers and owner/operators. The firm also handles matters assigned by the major insurers for motor carriers. MDS’ transportation industry practice is focused on the unique business and legal issues arising in the dynamic transportation industry and our attorneys stay up-to-date on the ever-changing landscape of transportation litigation.

MDS’ transportation industry attorneys routinely represent clients in both state and federal courts throughout Montana. We are prepared to advance the interests of motor carriers from the inception of a case through any eventual appeals. While we seek to aggressively defend motor carriers at trial with a focus on obtaining favorable jury verdicts, in the appropriate case we focus our efforts upon cost-effective methods of resolving litigated claims early against our transportation clients.

MDS’ transportation attorneys have handled with success various transportation industry-based issues, including:

  • Litigation of personal injury claims involving catastrophic injury and death.
  • Premises liability, including disputes as to the scope of the company’s duties and to whom those duties are owed.
  • Employment litigation, including disputes involving employee / employer and principal / agent relationship issues; drug / alcohol regulation, testing and use; disputes based on alleged employment discrimination and/or wrongful discharge, violations of the ADA and harassment claims; overtime, wage and hour disputes.
  • Commercial litigation, including disputes over trademark / trade secret issues, allegations involving tortuous interference with a business relationship, and contractual disputes.
  • Defense of mass tort, toxic tort and product failure claims.
  • Insurance coverage, including the litigation of disputes over the scope of insurance coverage, the application of insurance policies and the interpretation of the insurance policies to particular situations.

24/7 Accident Response Team

MDS has created a 24-hour 7-days-a-week Accident Response Team to immediately respond to accident scenes and other catastrophic losses. Accidents happen at any time in every aspect of the transportation industry, and the attorneys at MDS are prepared to assist in keeping unfortunate situations under control. The most critical evidence and information is recovered and learned immediately following an accident. MDS’ emergency response team comprises legal counsel, expert consultants and investigators who are available to respond to any transportation emergency. Once we arrive on the scene our team will coordinate all appropriate activities and investigation, which will ensure that the protections of the attorney work product doctrine and the attorney-client privilege attach immediately. Our team is capable and prepared to address the following:

  • Interview the driver(s) involved.
  • Control the site and the scene of the accident.
  • Capture and secure evidence, including taking pictures, measurements and gathering witness names, statements and conducting necessary interviews.
  • Facilitate appropriate drug and alcohol testing of the driver.
  • Work with local law enforcement.
  • Manage and address the media according to the company’s policy, if requested.

24/7 emergency hotline: (877) 247-3659.

CONTACT

Brad Condra  email

Lon Dale  email

Mike Milodragovich  email

Perry J. Schneider  email