Personal Injury Transportation

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New Campaign Raises Awareness of Railroad Intersection Dangers

In the wake of the Amtrak derailment in Pennsylvania earlier this month, Operation Lifesaver is promoting a new public awareness campaign dedicated to “changing people’s behavior around railroad tracks and crossings.” While...more

Miscommunication leads to many railway and train accidents

An Amtrak train collided with a maintenance vehicle in Chester, Pennsylvania, killing two Amtrak employees, Backhoe operator Joseph Carter Jr., and supervisor Peter Adamovich in the early morning of April 3, 2016. About 30...more

Senate Version of Federal Aviation Administration Reauthorization Preempts Local Drone Regulations

On March 17, 2016, the Commerce, Science and Transportation Committee of the United States Senate approved amendments to the most recent funding legislation for the Federal Aviation Administration (“FAA”), the FAA...more

Number of Airline Accidents Dropped in 2015

It is common for those who need to travel by airplane to be concerned about their safety while up in the air. With worries ranging from mechanical failures to terrorism, fliers have a right to be concerned. However, there is...more

Save the MAMILs - Cyclist Injury & Death Statistics

According to a recent government report, MAMILs (Middle Aged Men In Lycra) are the likeliest of all age groups and genders to be killed or seriously injured while riding a bicycle....more

Torts – Negligence Per Se and Causation/CCP 998 Offers

Anthony Toste v. CalPortland Construction et al. - Court of Appeal, Second Appellate District (March 2, 2016) - In many tort actions, plaintiff will argue that the defendant violated some statute or ordinance and...more

Know Your Rights in the Case of an Aviation Accident

An Air Passenger’s Rights Individuals board a plane without the knowledge of the rights that they have. In the event of an unexpected air crash, it pays to know what legal actions can be done in order to keep a passenger...more

Statutory Violation Does Not Establish Causation in Wrongful Death Action

In Anthony Toste v. CalPortland Construction, et al. (No. B256946, filed 3/2/16), the California Court of Appeal for the Second Appellate District affirmed the power of the jury to determine causation as an issue of fact in a...more

Distracted Truck Drivers Continue to Cause Accidents

Plenty of people check their phones during their work day. According to one study, people check their phones an average of 85 times per day, and this does not exclude time in the office. But when someone’s office is the cab...more

District Court Holds Contractor Not Liable for Army Helicopter Pilot's Paralysis and Confirms Continuing Viability of Government...

In Linfoot v. McDonnell Douglas Helicopter Co., the United States District Court for the Middle District of Tennessee granted McDonnell Douglas Helicopter Co.’s (“MDHC”) motion for summary judgment dismissing failure to warn...more

Inadequate Training a Major Cause of Large Truck Accidents

According to the American Truckers Associations (ATA) there is a shortage of approximately 50,000 truck drivers in the United States. In a country that is so dependent on the transportation industry for such a wide variety of...more

FMCSA Proposes New Rules for Trucking Industry

What is Changing with SFD? The existing system, which has been in place since 1982 used ratings of satisfactory, conditional or unsatisfactory to rate motor carriers. The new system proposes to use a single “unfit” rating...more

Supreme Court Approves Public Entity Design Immunity Defense

Randall Keith Hampton, et al. v. County of San Diego - Supreme Court of California (December 10, 2015) - In California, a public entity can be liable for injuries caused by dangerous conditions of public property...more

Legal Issues Raised by the Driverless Vehicle Revolution – PART 2

Part 1 of this article, published in the December 2015 Business Litigation Report, described emerging driverless vehicle technology and related patent and patent ligation issues. Part 2 continues this discussion with the...more

Uber-Complicated: Insurance Gaps for Rideshare Vehicles Can Create Uncertainty for Passengers and Drivers

Many of us have come to enjoy the convenience of summoning a ride via our Smartphones with a rideshare service company such as Uber, Lyft, or Sidecar. However, significant issues exist over whether rideshare vehicles have...more

When Accidents are Deliberate

2015 was among the safest years in history for airline passengers. Globally, the industry experienced 1 crash for every 5 million flights. This is the lowest it has been in 70 years. While the decreased fatality rate is...more

Chicago personal injury lawyer

Chicago, IL. (PRWEB) December 30, 2015 – Recent changes to commercial driver logging rules have resulted in requirements for drivers of trucks and buses to record their driving time electronically. The change comes as part of...more

Rome II – Applicable law to tort claims and indirect consequences – clarification from the ECJ

In a decision handed down last week (10 December 2015), the ECJ has ruled that the law applicable to any claim for indirect consequences of a tort will generally be governed by the law of the country where the direct damage...more

Aviation Happenings - Winter 2016

Court Holds that Seating a Passenger Behind an IFE Box Does Not Constitute Montreal Convention “Accident” - The United States District Court for the Eastern District of Pennsylvania recently held that seating a...more

The World in US Courts: New Decision of the US Supreme Court Limits Suits Against Non-US Governmental Entities

The US Foreign Sovereign Immunities Act (“FSIA”) codifies the doctrine of sovereign immunity and generally prohibits lawsuits in US courts against non-US sovereigns. But the FSIA has an exception where, among other things, a...more

Supreme Court Clarifies the Scope of Application of Commercial Activity Exception to Foreign Sovereign Immunity

On December 1, 2015, the United States Supreme Court issued its decision in OBB Personenverkehr AG v. Sachs a case presenting important questions concerning the types of commercial activities that may strip foreign states and...more

Supreme Court Update: OBB Personenverkehr Ag V. Sachs (13-067) And Order List

If you blinked, you might have missed it, but the Court handed down its first signed opinion of the Term this week in OBB Personenverkehr AG v. Sachs (13-1067), unanimously holding that an Austrian railroad was immune from...more

Study on Tired Truckers Part of New Transportation Legislation

A bill approved by federal lawmakers Dec. 3, 2015 calls for a Federal Motor Carrier Safety Administration study on truck drivers’ long commutes and the safety hazards they present. The $305-billion Fixing America’s...more

Truck-trailer Accidents – Getting to the basics

Those involved in trucking litigation have become all too familiar with catastrophic injury and loss of life resulting from 18 wheelers (tractor trailers) being operated by drivers impaired by chronic fatigue. Why do we...more

The Supreme Court: OBB Personenverkehr AG v. Sachs

The Supreme Court of the United States announced the following decision today: OBB Personenverkehr AG v. Sachs, No. 13 1067: Respondent Carol Sachs, a California resident, purchased a Eurail Pass over the Internet...more

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