Transportation Law

Commercial Drivers and Traffic Citations: Protecting Your Career

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 consequences for commercial driver’s license (CDL) holders as it could result in disqualification of a license and loss of jobs.  Understanding …

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Are Non-Competition Agreements Against Independent Contractors Enforceable in Utah?

Joseph G. Ballstaedt801.365.1021joe@snjlegal.com Usually, a non-competition agreement is an agreement between an employer and an employee where the employee agrees to not compete with the employer’s business. These agreements are also known as non-competes, post-employment restrictive covenants, or covenants not to compete. They prohibit the employee from selling or offering to sell products, processes, or services that are similar …

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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 change. The Carmack Amendment places liability for lost or damaged cargo in the laps of …

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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 little planning and careful contract review, you can both choose the state for claims you …

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Do Freight Brokers Have to Pay Workers’ Compensation to Non-Employees?

Freight brokers, like any other employer, are generally only liable for their own employees for workers’ compensation purposes. However, what if a freight broker contracts with a motor carrier to transport goods, the motor carrier does not carry workers’ compensation insurance, and the motor carrier’s driver is injured on the job? Can the freight broker …

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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 their freight to be transported in “sealed” containers. Sealed shipments help document chain of custody …

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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 carrier, communicate with the shipper and consignee about special needs or instructions, and work with …

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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 the employer was involved or even aware the problem was going on. In contrast, employers …

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