How a Transportation Attorney Prepares Interstate Cargo Claims

Compare the bill of lading with packing lists, pickup receipts, and scans. Check carton counts, weight, seals, and dates. A signed or electronic receipt may show that the carrier accepted goods in apparent good condition.

For sealed freight, a clean receipt may not prove its contents. Loading photographs and inventory logs can establish what was tendered. A pallet count does not necessarily prove the number of units inside each pallet. Preserve originals and timestamps.

Match the delivery receipt to the packing list, identifying missing items by product and quantity. Preserve shortage notations and photographs taken before the recipient breaks down the pallets.

If delivery never occurred, save tracking events and request the carrier's last reported location. A system status reading "delivered" may still need confirmation against the signed receipt and item count. Warehouse records may reveal a loss outside transportation. If several companies handled the cargo, transportation and logistics law can clarify their roles.

A shipper ordinarily shows that goods entered the carrier's custody in good condition, arrived damaged or failed to arrive, and caused actual loss. The carrier may avoid liability by proving an excepted cause and showing that its negligence did not contribute. Recognized causes include an act of God, a public enemy, a public authority, a shipper's act, or the goods' inherent vice.

The receiving or delivering carrier may face statutory liability even when another company hauled part of the shipment. Check the bill of lading and delivery records before deciding which party to pursue.

A motor carrier transports freight. A broker arranges carriage, while a freight forwarder may assume statutory carrier duties. Carmack generally does not impose carrier liability on a company acting solely as a broker.

Review booking emails, rate confirmations, and service agreements. Actual commitments may differ from the company's label.

When goods arrive by sea before trucking inland, review the ocean through bill and any separate domestic contract. Maritime terms may reach the inland leg; a distinct domestic shipment may be governed differently.

Customs clearance confirms regulatory release, not the quantity a trucking company received. Match import records with pickup evidence. A purely intrastate haul may instead require state-law or contract analysis.

Identify the shipment number, carrier, transportation dates, missing goods, and amount demanded. State clearly why the carrier is responsible, and attach records supporting the calculation.

A delivery receipt marked "four boxes missing" is not, by itself, a compliant claim. An investigation request may be equally insufficient. A claim may be filed with the receiving or delivering carrier, the carrier issuing the bill of lading, or the carrier on whose line the loss occurred. Submit it within the applicable period and retain delivery confirmation. Supporting documents can be requested later, but the timely filing must contain the minimum required elements. Do not delay filing solely because every supporting record is not yet available.

Actual property loss is the general measure, subject to applicable limitations. Compare the goods tendered with the quantity delivered and support their value with records.

A legally effective released-value agreement may cap recovery below the invoice amount, but its enforceability requires review. A loss calculation should distinguish cargo value from incidental business expenses, which are not automatically recoverable. If an invoice lacks a price, 49 CFR § 370.7 provides for other evidence of destination value during claim investigation. Cargo insurance may provide another avenue, but an insurance coverage review should consider separate policy notice requirements.

Read the bill of lading or transportation agreement for the filing period and when it begins. The starting point may differ for delivered and undelivered freight.

A customer-service inquiry does not automatically preserve the claim. Check the stated notice address and any longer period allowed by the contract. Submit a compliant written demand on time and keep the transmission record. Acknowledgment of receipt does not decide liability.

The two-year minimum is calculated from the carrier's written notice disallowing all or part of the claim. A compromise offer counts as disallowance only if the carrier identifies the rejected portion in writing and gives reasons. An insurer's denial must also provide written reasons and state that it acts on the carrier's behalf.

Before suing, review the contract, denial, proper defendant, and venue. A transportation attorney can assess transportation litigation options and whether Carmack preempts state claims for the same cargo loss.

Under 49 CFR § 370.5, a carrier generally must acknowledge a proper written claim within 30 days unless it pays or denies the claim sooner. Section 370.9 requires written disposition within 120 days or a status notice then and every 60 days while the claim remains pending.

These rules do not extend filing or lawsuit deadlines. A delayed response does not itself establish acceptance of the claim. Keep the claim number and responses.

Potentially. Section 14706 states that failure to issue a bill of lading does not eliminate carrier liability. Electronic receipts, scans, invoices, and correspondence may establish the shipment, but the claimant still needs evidence of the loss and a compliant written claim.

Closure does not automatically erase a claim. Recovery may depend on remaining assets, insurance, bankruptcy proceedings, and other legally responsible carriers. Bankruptcy may also introduce a separate proof-of-claim process. Preserve cargo-claim deadlines while assessing collection options.