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Cut Crashes, Claims, and Compliance Headaches: How Our Month-to-Month General Counsel Program Protects Florida Trucking Companies

1) Lock Down DOT Compliance Before an Audit Knocks

• Driver Qualification (DQ) files: We implement a tight DQ workflow aligned to 49 CFR Part 391 (applications, MVRs, medicals, prior employer checks, annual reviews), with checklists and calendars so nothing expires unnoticed. ( eCFR)
• Drug & Alcohol program: We tune your policies, vendors, and supervisor training to Part 382, and we operationalize the Drug & Alcohol Clearinghouse obligations (pre-hire query, annual queries, and RTD tracking). We also plan for Clearinghouse II—as of November 18, 2024, states must downgrade CDLs for drivers in “prohibited” status until RTD is complete—so dispatch never schedules a prohibited driver. ( eCFR)
• Hours-of-Service and ELDs: We audit your HOS policies and ELD setup, align supporting-document retention, and coach supervisors on intervention before patterns become violations. (ELD use is required for drivers who must keep RODS; HOS limits and the 34-hour restart still apply.) ( FMCSA)
• Accident register & investigations: We standardize your §390.15 accident register and evidence preservation so you can respond quickly to insurers, FMCSA, and counsel after any crash. ( eCFR)

2) Use Smarter Contracts to Shift Risk and Protect Margin

• Broker–Carrier and Shipper–Carrier agreements: We redline indemnity and “duty-to-defend” traps, remove impossible service warranties (exact pickup windows, guaranteed transit times you don’t control), and add venue/choice-of-law that keeps fights in Florida.
• Carmack cargo exposure: We align your cargo terms to the Carmack Amendment (49 U.S.C. §14706), deploy lawful claim-time limits and limitations of liability where appropriate, and make sure your bills of lading/tariff language and insurance actually match. ( Legal Information Institute)
• Accessorials and detention: We script clear charges and documentation standards so AR collects faster and fewer “chargebacks” land on your desk.
• Subhauler/OO agreements: Your subcontractor and owner-operator packages mirror your upstream protections and insurance standards, preventing risk from boomeranging back to your authority.

3) Bulletproof the Owner-Operator Model (Truth-in-Leasing)

4) Plan the Crash Response Before It Happens

• Scene and post-scene steps: What drivers can and cannot say; when to notify 911, your insurer, and counsel; how to secure dash-cam/ELD data and third-party video; how to document environmental conditions.
• Accident register + evidence retention: Your §390.15 register is current; telematics, ECM, and camera data are preserved with chain-of-custody notes. ( eCFR)
• Statements & social media: One point of contact. No speculation. No online comments.
• Rapid legal triage: We coordinate with your insurer’s defense panel to head off spoliation allegations and to manage early claimant outreach professionally.

5) Make Your Insurance Match Your Promises (and Federal Duty)

• Auto liability & MCS-90: We confirm your financial responsibility filings and MCS-90 endorsement behavior (it protects the public but doesn’t insure cargo or rewrite every contract exposure). We sync your certificates with broker/shipper requirements you’ve actually agreed to. ( FMCSA)
• Cargo vs. Carmack: We align cargo limits, exclusions, and special commodities with your limitation-of-liability strategy under Carmack. ( Legal Information Institute)
• Umbrella/Excess, GL, Workers’ Comp, and Cyber: We right-size limits for your lanes and commodities, and address telematics/portal exposure for ELD, TMS, and customer data.

6) Tame People-Risk: Pay Practices, Licensing, and Prohibited Status

• Pay and policies: Clean onboarding, clear pay plans (overtime computations, delay/detention, layover), and consistent discipline documentation.
• License & medical monitoring: Calendared MVR reviews and med-card tracking tied to dispatch; automatic flags for prohibited drivers.
• Clearinghouse II reality: We make sure your HR/dispatch workflows prevent a “prohibited” driver from touching a CMV—and we set up a Return-to-Duty checklist so you can safely re-activate qualified drivers. ( Drug & Alcohol Clearinghouse)

7) Your Free Trial: Fast Wins You Can Feel

• Compliance snapshot: DQ file audit lite; Clearinghouse process check; HOS/ELD supporting-document tune-up. ( eCFR)
• Contract triage: Redline your top broker or shipper agreement for hidden indemnity, Carmack pitfalls, and insurance mismatches. ( Legal Information Institute)
• Crash-readiness check: Build your §390.15 accident-register template and a 60-minute crash checklist. ( eCFR)
• Insurance fit review: Map policies/endorsements (including MCS-90) to real exposure and contract promises. ( FMCSA)

First 30 Days on Plan: What We Stand Up

• Finalized broker/shipper contracts, O/O leases, and subhauler packets that mirror your protections
• Version-controlled policies for DQ, Clearinghouse, HOS/ELD, accident response, and record retention
• A COI & endorsement tracker that matches what you’ve actually promised
• Supervisor coaching on documentation, corrective action, and claim-safe language

How You Measure ROI

• Fewer violations in HOS, DQ, and Clearinghouse categories; cleaner CSA profile
• Faster cargo claim resolutions under Carmack with fewer out-of-scope payouts ( Legal Information Institute)
• Shorter cycle times on accidents thanks to ready-to-go evidence and accident registers ( eCFR)
• Better insurance renewals because your files and controls impress underwriters
• Higher win rates on RFPs—without swallowing “nuclear” terms

Ready to Put a Legal Safety Net Around Your Fleet?