Phoenix-Yuma Transportation and Commercial Trucking Litigation Attorneys
Industry-Specific Knowledge and Experience in Trucking and Transportation Defense
Any collision involving a commercial vehicle has an added layer of complexity and takes on an amplified importance because of the size of the vehicles and the extensive regulations that apply to them, which makes commercial trucking and transportation companies targets for the plaintiff’s bar.
Jon Schneider, Chuck Onofry and Tim O’Connor offer extensive experience in representing major transportation companies and trying complex cases. In recent years, they have obtained a half-dozen defense verdicts on substantial cases.
Spoliation
Spoliation of evidence is front and center in trucking cases. The plaintiff’s bar knows how to use the failure to preserve evidence as a weapon in pursuing their legal claims. Thus, there is a premium on immediately responding to the accident scene and preserving both the roadway evidence and the evidence contained within the vehicle itself. This includes electronic logs, dash cam videos, sensors which help detect whether the drivers may be falling asleep, and of course the data contained within any electronic control module or black box. Our attorneys know the value of responding immediately to the accident scene and having access to the necessary professionals to preserve this evidence.
Mitigating Expert Testimony
Liability experts employed in trucking cases are dangerous because they frequently parrot the law and engage in frequent speculation about how noncompliance with certain regulations caused this particular collision.
Punitive Damages
Punitive damages are almost always an issue in these cases. Arizona is somewhat unique in imposing vicarious liability for punitive damages. Punitive damages are a particular concern where the claim involves allegations the driver was fatigued and went beyond hours of service or that the company was negligent in hiring, training, and supervision. This is especially true where the driver has some negative history.
Motion Practice
Finally, motion practice is critically important because some evidence is simply too prejudicial and needs to be excluded prior to trial. This includes motions designed to limit expert witnesses from offering speculative opinions, introduction of other bad acts, and exposure to punitive damages.
Recent Trucking and Transportation Liability Defense Cases
- Obtained a defense verdict for a regional trucking company and driver sued for the alleged wrongful death of a pedestrian struck in the middle of a roadway.
- Obtained a defense verdict for long-haul truck driver who was unable to control his truck under icy road conditions and rear-ended the plaintiffs’ vehicle.
- Obtained a defense verdict for a long-distance trucking company sued for plaintiff’s injuries allegedly caused by the truck driver not timely placing warning devices after he pulled to the side of a roadway.
- Defense of a trucking company that was sued for wrongful death of a “Good Samaritan” who stopped to help another vehicle involved in an accident.
- Defense of a trucking company sued for the wrongful death of a driver due to a dolly allegedly falling out of the trailer onto the roadway, causing the driver to swerve and collide with another tractor trailer.
- Defense verdict in favor of trucking company whose driver rear-ended an elderly couple on a highway during icy conditions and then fled the scene.
- Defense verdict in favor of trucking company in an amputation case claiming that the trucker made an unsafe stop in the roadway.
- Defense verdict in favor of trucking company which was alleged to have created dangerous condition at truck stop and allegedly struck plaintiff walking in the parking lot.
Insurance Defense Peer Recognition
Schneider & Onofry has the collective experience of over 300 jury trials, 500 arbitrations, and literally thousands of general liability cases. Individual honors for Jon Schneider, Chuck Onofry and their senior colleagues include:
- Jon Schneider was recognized by The Best Lawyers in America® as the 2017 “Lawyer of the Year” for Phoenix in Insurance Litigation
- Jon Schneider, Chuck Onofry, Joe Swan and Tim O’Connor are members of the American Board of Trial Advocates
- Chuck Onofry and Joe Swan are Certified Specialists in Personal Injury and Wrongful Death (Arizona Board of Legal Specialization)
- Jon Schneider, Chuck Onofry and Joe Swan are Best Lawyers in America honorees
- Jon Schneider and Chuck Onofry are Super Lawyers honorees
- Our attorneys have published numerous insurance- and trial-related articles and frequently lecture on a variety of trial tactic topics
Efficiency in Litigation
Schneider & Onofry attorneys are committed to efficiently evaluate and litigate cases. This is the result of handling literally thousands of general liability cases and understanding the importance of a cost/benefit approach to discovery.
The Importance of Early Evaluations and Setting Reserves. We know the importance of evaluations and the reserve process and believe that, in the majority of cases where there has been a preliminary investigation, we can provide an accurate evaluation that will hold up through the life of the case within 90-120 days of answering the complaint.
Billing/Budgets. We are accustomed to and understand the importance of timely reporting, working within budgets, and adhering to billing guidelines. We have adopted to those insurers which have replaced traditional paper invoicing with a paperless system such as is used with Legal Exchange, Counselink, Legal Solutions, Extranet, Allegient, and many others.
Technology. We use the latest technology in the office and courtroom, which has dramatically enhanced the exchange of information and reduced the cost of litigation to our clients.
Competitive Advantages in Yuma Insurance Litigation
Schneider & Onofry is committed to serving carriers with claims in Yuma County. Since 2009, we have been the only insurance defense firm with an established office and active day-to-day practice in Yuma. We welcome the opportunity to meet and discuss how we might help you succeed in Yuma County’s unique legal, business and cultural environment.
Why You Want Defense Counsel With Yuma Experience
Yuma is a border town with unique characteristics. It has very much a small-town feel, although the county has doubled in size within the last 20 years and now has an effective population of over 200,000. The community’s economy is anchored by highly sophisticated agricultural and distribution industries and the presence of a U.S. Marine Corps air station. The area’s economic sectors and ethnic and socioeconomic diversity are reflected in each jury panel assembled in superior court.
Benefits of Using Schneider & Onofry in Yuma
Most defense firms leverage their work by having associates handle the day-to-day activities, with the partner mostly supervising. That is not the case with Schneider & Onofry. In Yuma, your claim will be handled directly by either Jon Schneider or Chuck Onofry, both of whom have substantial experience. They continue to handle claims from start to finish, meaning they are steeped in all aspects of investigation, discovery, motion practice, trials, post-trial motions, and any appeal.
Other unique benefits of using Schneider & Onofry in Yuma include:
- the only established defense firm in Yuma
- fully staffed office with videoconference capability
- no travel time expense (Phoenix-Yuma round trip is six hours)
- bilingual attorneys
- familiarity with Yuma attorneys
- trial experience before all Yuma County judges
- familiar with IME doctors in Yuma County
- jury selection is enhanced by our involvement in and familiarity with the Yuma community and its unique characteristics