Transportation Personal Injury

Read need-to-know updates, commentary, and analysis on Transportation issues written by leading professionals.
News & Analysis as of

Virginia Supreme Court Expands Scope of UM/UIM Coverage

In an opinion issued on September 17, 2015, Est. of Slone v. Selective Ins. Co. of America, et al., the Virginia Supreme Court effectively expanded the scope of UM/UIM coverage in Virginia. Slone was filed as a declaratory...more

FAA Weighs in on Preemption in Product Liability Litigation

Courts across the county have long struggled with the scope of federal preemption in aviation safety and with how an aircraft type certificate issued by the Federal Aviation Administration (FAA) affects aircraft product...more

Texas Supreme Court Declines Opportunity to Review Appellate Decision Clarifying Insurer’s Settlement Obligations In...

Last year in Patterson, et al. v. Home State County Mut. Ins. Co., 2014 Tex. App. LEXIS 4460, 2014 WL 1676931 (Tex.App., Apr. 24, 2014), the Texas First Court of Appeals (Houston) held that an insurer was not obligated to...more

Limiting tort liability for cannabis: Dram shop-type laws

As more states enact laws legalizing the sale of medical and recreational marijuana, cannabis businesses may start to question whether they could be held liable if customers cause injury or harm to others while using their...more

Uber’s Battle with its Excess Carrier

In a lawsuit filed this week, Evanston Insurance Co. sued Uber Technologies Inc. alleging that it is not required to cover Uber's settlement of a lawsuit involving a fatal car collision that involved a family and an Uber...more

Shipper Liability (If Any) to Carriers’ Drivers for Allegedly Improperly Loaded Freight

In most of the situations of injury and damage that are a result of allegedly improperly loaded freight, the damage is to third parties, who fall victim to freight careening from trucks on public highways, or falling off, or...more

Jeep Hack Drives Cyber, Crisis, Liability and Supply Chain Coverage Issues

A recall notice to fix critical control software on 1.4 million vehicles should raise concerns for companies, brokers and insurers across several business lines. The vulnerability of vital control systems to a remote hacking...more

Construction-Related Auto Accidents

As any driver in Southern California can attest, our roads and highways are always “under repair”. While these construction zones not only slow down traffic, adding to your already slow drive home from work, they can also be...more

(US) Limiting the Sky: Is There Space for Drones in Real Estate Law?

Real property is generally conceived of as tangible and two dimensional. We acquire land described by courses and distances in a deed, depicted by lines on a survey. The laws respecting that land are well-formed; most in the...more

Driverless Cars Have Come to Virginia: Considerations for Automated Vehicles

How does the law apportion responsibility when someone is injured by an automated machine? In the past, this question has come before courts only rarely, and in the context of accidents involving elevators or airplane...more

Bringing Punitive Damages to the Forefront of Florida Trucking Litigation

Having punitive damages imposed against a trucking company is often a source of great anxiety for defense attorneys and their trucking company clients. Florida attorneys skilled in the handling of truck accident cases...more

Eastern District of Pa. Again Recognizes Montreal Convention Exclusively Governs Claims

Action Item: Until there is appellate resolution of the preemptive effect of the Montreal Convention, airlines sued in state court over damages allegedly arising during the course of international transportation should...more

PIPEDA Amendments In-Force

Amendments to Canada’s Personal Information Protection and Electronic Documents Act (PIPEDA) are frequently proposed but just as frequently die on the order paper. Bill S-4, which proposed the most significant amendments to...more

Court Reaffirms Preemptive Effect of Statute Protecting Aircraft Lessors

The District Court for the Northern Mariana Islands has reaffirmed the proposition that an aircraft lessor is shielded from liability for injuries to persons on board an accident aircraft when the lessor is not in possession...more

Paul Watler Speaks: Save the Plane – Or Save Yourself From a Libel Suit?

Fear of liability may match fear of flying for many Americans. We all know that commercial aviation is one of the safest forms of modern transportation. But it only takes a gut-wrenching drop of an aircraft in the...more

Follow-up cognitive study looks at voice in-vehicle systems

The American Automobile Association’s Foundation for Traffic Safety has recently been involved in a series of studies aimed at determining the effects of cognitive, or mental, distraction on motorists....more

No Article 17 Accident in Passenger Slip-and-Fall

In Vanderwall v. United Airlines, Inc., __ F. Supp. 3d __, 2015 WL 309094 (S.D. Fla. Jan. 26, 2015), a federal district court in Florida granted summary judgment to the airline dismissing personal injury claims by a passenger...more

California Restricts Principles of “General” Personal Jurisdiction

In BNSF Railway Company v. Superior Court (Kralovetz) (Filed 3/27/2015, No. B260798), the California Court of Appeal, Second District, held a Delaware railroad corporation, with its principal place of business in Texas, was...more

Court Rules on “Principal and Permanent Residence” Under MC Article 33

In personal injury or death cases, Article 33 of the Montreal Convention provides five jurisdictions in which an action against the airline can be brought: (1) an air carrier’s place of domicile; (2) an air carrier’s...more

Florida Court Holds That Engineering Company Cannot be Held Liable for Third Party Injury Despite Open and Obvious Design Defect

Vanessa Cruz was tragically killed on July 15, 2008, in a single vehicle accident on the Florida Turnpike. Vanessa was the front seat passenger in a vehicle when the driver lost control, left the roadway, and struck the end...more

Florida Appeals Court Holds Contractor and Engineering Firm Entitled to Summary Judgment on Personal Injury Claim Where Owner...

The Florida Department of Transportation (“DOT”) hired Transportation Engineering, Inc. (“TEI”) to design, and D.A.B. Constructors, Inc. (“DAB”) to install, median guardrails along the Florida Turnpike. After the...more

Cracking Down on Hit and Run Via Social Media

About 80 percent of hit and run cases between 2008 and 2012 in the Los Angeles area were never solved, according to the Los Angeles Times. Compare that to the city of Denver, whose police force actually resolves about 78...more

Trucking companies can be held responsible for a truck accident

When Chicago drivers take to the roads, they put an immense amount of trust in the other motorists with whom they are driving. A negligent individual can make a choice that results in serious injury for those around them at...more

Can platooning technology prevent trucking accidents?

A Chicago truck accident lawyer understands that thousands are killed every year due to accidents with large trucks. According to the National Highway Traffic Safety Administration, over 104,000 individuals were injured and...more

Study: Voice-activated vehicle systems cause distraction for drivers

When drivers opt to put hands-free devices and technology in their vehicles, they often do so under the impression that they are increasing safety for them and all those around them....more

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