Heavy Duty Trucking Logo
MenuMENU
SearchSEARCH

Heavy-Haul Truckers: Understanding Your Rights to Downtime Payments

For heavy haulers and other trucking operations with highly specialized equipment, downtime following a crash can be devastating to their business and income. But you have a right to payments for that downtime, according to this attorney.

by Kelsea Eckert, Trucking Attorney, Eckert & Associates
September 20, 2024
Heavy-Haul Truckers: Understanding Your Rights to Downtime Payments

For heavy-haul truckers, the inability to operate a portion or all of the business due to damaged equipment can be financially crippling.

Image: HDT Graphic

5 min to read


“Fred,” a seasoned owner of a heavy-haul trucking business, has built a solid reputation for handling oversized loads. His fleet includes specialized equipment, such as an extra-long extendable step-deck trailer, essential for transporting massive machinery like excavators.

Ad Loading...

Last May, Fred took on a contract to move a large excavator across the Midwest — a routine job that soon turned into a challenging ordeal.

Ad Loading...

A young driver in a Mustang veered into Fred's lane and collided with his trailer. The police arrived at the scene, and it was clear that the Mustang driver was at fault. Fortunately, neither Fred nor the excavator he was transporting were harmed.

However, the damage to Fred's step-deck trailer was significant enough to render it undrivable according to federal Department of Transportation standards.

The Financial Impact of Downtime for Truckers After a Crash

Fred's immediate action was to file a claim with his insurance company to cover the repairs and the cost of transferring the cargo. His insurance company acted swiftly and paid the claim, but it took time to repair the equipment. There was a significant loss of income during this process.

For heavy-haul truckers like Fred, the inability to operate a portion or all of the business due to damaged equipment can be financially crippling.

The specialized nature of Fred’s trailer meant finding a replacement was next to impossible, leaving him sidelined and losing income.

Ad Loading...

Situations like Fred’s are where understanding an owner-operator’s or trucking fleet’s rights to downtime payments becomes crucial.

Mitigating Losses: A Challenge for Heavy Haulers

Fred, being proactive, did everything in his power to expedite the repair process and find a rental. He reached out to rental companies across the region, inquiring about the availability of a similar extendable step-deck trailer. Given the specialized nature of his equipment, he wasn’t surprised when every rental facility he contacted responded with a “no.”

However, Fred’s diligence in documenting these mitigation efforts in writing paid off later when dealing with the Mustang driver’s insurance company.

When Fred filed a downtime claim with the Mustang driver’s insurance, the adjuster requested proof that Fred had taken steps to mitigate his losses. In the insurance world, mitigation refers to the actions taken to lessen the loss.

By forwarding the rejection letters from the rental companies, Fred was able to demonstrate that he had made significant efforts to find a similar substitute trailer. He showed that no option was available.

Ad Loading...

This evidence was critical in supporting his claim for reimbursement of his downtime losses.

Downtime Payments: What Truckers Need to Know

Downtime payments from the at-fault party are designed to compensate truckers for their lost income while damaged equipment is out of service due to an accident.

This compensation can be especially vital for heavy-haul operators, who often rely on specialized trailers and equipment that are not easily rented or replaced.

Obtaining payment for lost income can be a complex process. Insurance companies often challenge these claims, arguing that the claimant-trucker didn’t do enough to mitigate the loss or that the time down was excessive.

This is why it’s essential for truckers to thoroughly document all efforts to repair or replace damaged equipment and to keep detailed records of the income they lose during the downtime period.

Ad Loading...

In Fred’s case, his written proof of trying to get a rental helped him overcome the insurance adjuster’s objections and secure payment for the time his trailer was out of service.

Would Your Insurance Protect Your Trucking Business?

Heavy-haul trucking is a high-stakes business. Even a few days of downtime can have significant financial repercussions.

While Fred was ultimately able to recover his lost income from the at-fault driver’s insurance, the experience highlighted the importance of having comprehensive insurance coverage that includes downtime coverage.

If the Mustang had had little to no insurance coverage, Uninsured Motorist Property Damage and Underinsured Motorist Property Damage would have been valuable coverages on Fred’s policy. They may cover the significant downtime losses the Mustang’s insurance won’t cover.

Truckers should work closely with their insurance agents to ensure there is adequate protection in the event of an accident. Proper coverage helps bridge the financial gap during the repair process and keep a business afloat when unforeseen incidents occur.

Ad Loading...

While no one wants to file a claim on their own policy, sometimes it’s necessary.

Be Prepared and Stay Protected

Fred’s experience can be a valuable lesson for heavy-haul truckers and others in the trucking industry.

Understanding your rights to downtime payments from the at-fault party and ensuring you have adequate insurance coverage are essential steps in protecting your business.

In a field where specialized equipment is often irreplaceable, being sidelined can quickly become a costly affair. By being prepared, staying safe, and working closely with your insurance agent and attorney, you can navigate the challenges with confidence and keep your business moving forward.

Stay safe, stay insured, and know your rights when it comes to downtime payments.

Ad Loading...

About the Author: Kelsea Eckert is a trucking attorney with Eckert & Associates who enjoys helping clients resolve their insurance and downtime claims. She is active in the trucking community and has practiced law since 1988. Eckert regularly speaks at trade shows, podcasts, and radio shows on transportation issues.

This contributed guest article was authored and edited according to Heavy Duty Trucking’s editorial standards and style to provide useful information to our readers. Opinions expressed may not reflect those of HDT.

Subscribe to Our Newsletter

More Fleet Management

Brian Antonellis, senior vice president, fleet operations, Fleet Advantage.
Fleet Managementby Jack RobertsApril 17, 2026

HDT Q&A: Brian Antonellis on the Growing Need to Replace Old Trucks

Fleet Advantage's Brian Antonellis says it's time for fleets to get back to the fundamentals of good maintenance practices. And that includes replacing older, inefficient equipment.

Read More →
Illustration of computer and mobile screens with load matching software superimposed over photo of an oversize load
Fleet Managementby News/Media ReleaseApril 17, 2026

Truckstop.com Adding to Open Deck, Heavy Haul Offerings

Load matching for flatbed, lowbed, oversize and overweight loads can't be automated like basic van freight, but Truckstop.com is adding more high-tech tools to help.

Read More →
Trucker Path, Truckstop.com partnership expands.
Fleet Managementby News/Media ReleaseApril 14, 2026

Trucker Path, Truckstop.com Expand Load Access Partnership

An expanded Trucker Path and Truckstop.com integration brings more freight opportunities into the TruckLoads app while emphasizing security and network quality.

Read More →
Ad Loading...
DAT TVI March 2026.
Fleet Managementby News/Media ReleaseApril 14, 2026

Truckload Rates Hit Two-Year Highs as Diesel Costs Surge, DAT Says

Strong March freight demand combined with a spike in fuel costs pushed both spot and contract truckload rates to their highest levels in more than two years.

Read More →
Cloud computing concept background with human and robot hands concept
Fleet ManagementApril 14, 2026

The AI Conversation You Need to Have with Your TMS Provider

Everyone’s talking about AI — but is your transportation management system actually built for it?

Read More →
Sharp Transportation tractor-trailer
Fleet Managementby News/Media ReleaseApril 14, 2026

Kriska Buys Fellow Canadian Carrier Sharp Transportation Systems

Being part of KTG will allow Sharp to expand and improve its services.

Read More →
Ad Loading...
Illustration with stacks of money and a shattered car windshield
Fleet Managementby Deborah LockridgeApril 13, 2026

Bill in House Would Raise Minimum Insurance for Motor Carriers to $5 Million

The Fair Compensation for Truck Crash Victims Act would increase insurance requirements for interstate motor carriers by nearly seven times.

Read More →
FTR market report for February 2026.
Fleet Managementby News/Media ReleaseApril 10, 2026

FTR Trucking Conditions Index Hits Four-Year High in February

Strong freight rates push TCI to 10.2, but FTR expects fuel-price volatility to skew March results.

Read More →
C.H. Robinson intermodal.

C.H. Robinson Offers Carriers Relief as Diesel Prices Surge

C.H. Robinson is waiving fees on fuel cards and cash advances for April and May, aiming to help carriers offset rising diesel costs tied to geopolitical instability.

Read More →
Ad Loading...
Fleet Managementby StaffApril 8, 2026

What Trucking Events are Happening in 2026?

Looking for trucking-related conventions, expos, and other events? Heavy Duty Trucking has developed this list of national and larger regional trucking shows and events.

Read More →