Trucking Analysis, Consultation & Expert Witness Testimony
The expertise you and your client require for navigating the trucking/commercial motor vehicle related litigation maze.
Michael K. Napier, Sr. is a uniquely qualified expert with more than 40 years of total industry related experience.
Commercial Motor Vehicle Safety & Compliance Expert
If you are looking for an “Expert” who not only knows the written text of the regulations but also has hands-on trucking and commercial vehicle experience, you have found him! Mr. Napier has worked in the trucking industry and various applications of the commercial vehicle operations. He has worked with the regulations in the real world of trucking and commercial vehicle operations. This work related experience brings his clients the knowledge that their adversaries will not always have. Being armed with the upper hand of “Knowledge” is integral in obtaining equitable and expedited settlements. Mr. Napier will provide his clients with guidance during the Discovery process through the Trial, providing litigants with the analysis, consulting, expert opinions as well as expert witness testimony. (see Curriculum Vitae)
Contributing Factors & Preventability Analysis
Whenever an accident occurs, involving a commercial vehicle, or tractor/trailer (otherwise may be called “semi’s” or “big trucks”), it seems that a lawsuit becomes the rule rather than the exception. Notwithstanding the litigiousness of our society, a couple of external factors contribute to this pattern.
One external contributing factor is the “deep-pockets” of the motor carrier, which is often backed by the company’s equity, insurance companies (its policies) or trusts; with coverage’s that often range from $750,000.00 to $10,000,000.00. This will sometimes make undeserving motor carriers subject to expensive litigation.
However, some motor carriers have exposed themselves to expensive lawsuits, as well as, damage and punitive awards because of their failure to comply with the Federal Motor Carriers Safety Regulations (FMCSRs). Many times this failure is due to a willful and wantonness of the owners to avoid the expense associated with compliance; training; and even apathy with regards to their obligations for safe operation.
Need for a Safety & Compliance Expert
In either case, the Defense or Plaintiff’s attorney will need to involve an objective expert in order to proceed through the complex and voluminous discovery process. Mr. Napier specializes in trucking operations and safety/compliance issues with all commercial vehicles. His hands-on involvement with commercial vehicles and in the trucking industry, makes him one of the most insightful and sought after experts in this field. Mr. Napier has served in almost every capacity in this industry, spanning over forty years. As such, he has obtained a comprehensive knowledge and understanding of the standards promulgated in the Federal Motor Carrier Safety Regulations (FMCSRs) as well as numerous other federal, state and local regulations or laws, which combined, regulate commercial vehicle and trucking industry. Additionally, Mr. Napier has come to possess a keen insight as to the accepted industry standards of care and the myriad of issues which seem to be addressed in almost every trucking litigation case. These include, but are not limited to, corporate governance, organization, maintenance, risk management, operations, accounting, safety, sales and numerous other compliance issues. The overriding goal is to provide clients with a honest and forthright assessment of the highest quality.
Mike Napier’s Education & Experience
Mr. Napier spent twenty years serving in the United States Marine Corps. During this time he received extensive training regarding the Code of Federal Regulation (Title 49 CFR) as it may relate to domestic and foreign transportation. He served during the Vietnam conflict, culminating his career with a deployment to the Persian Gulf War. During his career, he supervised numerous aspects of both foreign and domestic transportation. He retired, honorably, as a Master Sergeant from the United States Marine Corps in 1993.
His transition into the private sector began by starting a trucking company prior to his retirement, AA Quality Transport, Inc,. Mr. Napier successfully and profitably operated and subsequently sold this company after four years. In 1993 he took positions with International Transit, Inc. (ITI) and International Transit Company (ITC), as the company’s’ Director of Safety Compliance. Within two and one half years, Mr. Napier was promoted to the Senior Vice President of Risk Management and Corporate Administration. His duties included, but were not limited to, operational and risk management of ITC. He played an integral role in the sale of ITI and ITC to the Florida East Coast Industries, Inc. (parent corporation of the Florida East Coast Railway Company). In 1998 he left these companies and started two others, Semper Fi Logistics, Inc., a logistics and brokerage company, and Semper Fi, Inc., a regional truckload motor carrier. In April of 2002, these companies were sold after four years of successful and profitable operation.
Mr. Napier’s unique experience differs dramatically from nearly all other commercial vehicle or trucking regulation and safety experts in that he has first hand knowledge and understands trucking company organizational structure, has a firm command of regulatory and industry standards of care, and he has held a multitude of positions in the industry ranging from a commercial driver to the duties of a chief executive officer.
This diverse experience includes, but is not limited to, the following issues:
Corporate Financial Statements
Drug and Alcohol Testing
Safety and Health Standards
Brokers of Property
Preservation of Records
Levels of Financial Responsibility
Out of Service Violations
Registration and Insurance
Process Agent Designation
Exempt Commodity Carriers
Hazardous Material Regulations
Lease and Interchange of Vehicles
Driver Skills Testing
Commercial Driver Licenses
Electronic Command Modules
Truck and Trailer Inspections
Company Compliance Reviews
Truck Accident Causations
Truck Driver Qualifications
Inter and Intrastate Commerce
Equipment Inspection, Repair Maintenance
Federal Motor Carrier Safety Regulations
Title 49 CFR
Hours of Service
Truck Driver Duties on the road
Fuel Tax Reporting
Physical Fitness Requirements
Safety Fitness and Ratings
and much more
Retaining You Expert
Whether the task involves a complex lawsuit, a claim for benefits, or simple analysis of specific documents, integrity and the best interest of the client always comes first. Mr. Napier will discuss every case with you and personally analyze the merits of your case. His involvement will help you take the most appropriate action for all parties involved.
There are numerous documents that the motor carrier must generate, review, maintain and keep current in order to ensure driver and motor carrier compliance. When patterns of noncompliance and negligence are identified, those conclusions can be instrumental in outlining the case to the court. In contrast, expert witness testimony can be helpful to any motor carrier found to be in compliance when allegations are made to the contrary.
Mr. Napier provides prompt and accurate assessments, whether it is regarding how the industry interprets the regulations or simply answering the numerous questions that arise with each case. This is the attribute which has become the hallmark of his business. Mr. Napier is a resourceful and cost-effective leader committed to excellence. The retention of Mr. Napier, as either an analyst, consultant or expert witness, will put years of valuable trucking and commercial vehicle experience on your team.
About the Expert
With over 40 years of Transportation Industry Experience, ranging from truck driver to CEO, Michael K. Napier Sr. can provide the analysis neccesary to assist you.
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