Transportation law
Cargo is lost, damaged, or delivered late, and a claim for compensation soon follows. We advise carriers, freight forwarders, shippers, and consignees, prepare demands and court claims, and represent clients in disputes over cargo, insurance payments, and vehicle confiscation.
Legal services for carriers, freight forwarders, and cargo owners
Legal advice and document preparation for international and domestic road freight. We review carriage and freight forwarding agreements, transport orders, and consignment notes, and assess the basis and limits of carrier and freight forwarder liability under the CMR Convention, the Road Transport Code, and the Civil Code.
Preparing demands, court claims, defenses, appeals, and cassation appeals concerning lost, damaged, or delayed cargo. We represent carriers, shippers, and consignees at every court level, including in claims involving successive carriers.
Representing clients in disputes over coverage and payments under carrier liability and cargo insurance, and in insurers’ recourse and subrogation claims to recover payments from the party responsible for the loss.
Representing carriers and drivers in administrative offense proceedings involving driving and rest periods, tachographs and driver cards, cabotage, and dangerous goods requirements, including challenges to the grounds and proportionality of vehicle confiscation.
When to seek help with a freight dispute
Cargo has been lost or never delivered
The carrier is liable for total or partial loss from the time it takes over the goods until delivery to the consignee (CMR Convention, Article 17). Goods may be treated as lost without further proof if they have not been delivered within 30 days after the agreed delivery deadline or, if no deadline was agreed, within 60 days after the carrier took them over (Article 20).
Cargo arrived damaged or late
Reservations made when accepting the goods affect the evidence available later. Visible loss or damage must be recorded no later than delivery. Non-apparent loss or damage must be reported in writing within 7 days, excluding Sundays and public holidays. Delay must be reported in writing within 21 days after the goods are made available to the consignee (CMR Convention, Article 30).
A claim has been made against the carrier
We assess whether the carrier is liable for the loss at all. We examine whether it resulted from the fault or instructions of the person entitled to dispose of the goods, a defect in the goods, or circumstances whose consequences the carrier could not avoid. We also consider special risks relating to packaging, loading, or the nature of the goods (CMR Convention, Article 17). The carrier must prove those circumstances (Article 18).
It is unclear whether the carrier or freight forwarder is responsible
The basis and limits of liability depend on whether the agreement is for carriage or freight forwarding (Civil Code, Articles 6.808, 6.824, and 6.826). We look beyond the document’s title to the obligations actually undertaken, the consignment note, and the parties’ correspondence.
The insurer has denied coverage
Insurers often rely on policy exclusions relating to parking locations, cargo types, transshipment, or subcontractors. We check the policy wording in effect when the agreement was made and whether the cited exclusion actually covers the circumstances of your loss.
A truck or trailer has been confiscated
Confiscation is an administrative measure imposed alongside an administrative penalty (Code of Administrative Offenses, Article 29). A challenge can therefore address both whether the offense was established and whether losing the vehicle is proportionate, particularly where the owner did not commit the offense.
What to know about freight disputes
Time limits are short and do not start when the dispute begins. For international carriage, the limitation period is one year, or three years for willful misconduct or equivalent fault. It runs from delivery for partial loss, damage, or delay; from the 30th day after the agreed delivery deadline, or the 60th day after takeover, for total loss; and from three months after the carriage contract was made in all other cases (CMR Convention, Article 32). A written claim suspends the period only until the carrier rejects it in writing and returns the supporting documents. Keep proof of submission and receipt of the response. Domestic carriage has a two-year period (Road Transport Code, Article 56), as the Civil Code refers freight claims to the codes governing each mode of transport (Civil Code, Article 1.125(12)).
Carrier liability is limited, and that limit is often noticed too late. Compensation for lost goods is based on their value at the place and time they were taken over, but cannot exceed 8.33 units of account per kilogram of gross weight lost. Carriage charges, customs duties, and other carriage-related costs are also reimbursed; other losses are not compensated (CMR Convention, Article 23). Compensation for delay cannot exceed the carriage charge. The standard limit does not apply where a higher value was declared in the consignment note against an agreed surcharge (Article 24), or where the loss resulted from willful misconduct or equivalent fault (Article 29). Standard carrier liability coverage is generally insufficient for high-value cargo.
Carriers also face administrative liability. Driving time, breaks, and daily and weekly rest periods are governed by Articles 6, 7, and 8 of Regulation (EC) No 561/2006. Tachograph use is governed by Regulation (EU) No 165/2014. In Lithuania, Articles 452 and 454 of the Code of Administrative Offenses set penalties for violations involving rest periods, tachographs, and driver cards. Tachograph data and company working-time records are central to these cases. No more than three cabotage operations are permitted within seven days after international carriage, followed by a four-day restriction on cabotage by the same vehicle in the same member state (Regulation (EC) No 1072/2009, Article 8). Dangerous goods must be carried in accordance with ADR and the Law on the Transport of Dangerous Goods by Road, Rail and Inland Waterways. Confiscation is imposed alongside a penalty (Code of Administrative Offenses, Article 29), so its proportionality can also be challenged.