Transportation Personal Injury

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

National Push for Speed Limit Increase a Bad Idea

Lawmakers who are pushing for speed limit increases nationwide aren’t listening to the research about how dangerous this is — as the combination of speed and distracted driving means more deaths on the road....more

Auto Dealership Liability for Accidents Occurring During Test Drives: How to Protect Your Dealership

Prospective car buyers are no different than the drivers we encounter daily on the road: some are skilled, some are not so skilled. Add to that the prospective buyer’s unfamiliarity with the vehicle they are test-driving,...more

California Expands Factors in the Vicarious Liability Control Test

Although a company is generally not liable for the negligence of its independent contractors, companies required by the government to exert control over independent contractors may be held vicariously liable for the...more

Fourth Circuit Holds Zone of Danger Test Does Not Apply to Award of LHWCA Benefits

In January, a panel of the Fourth Circuit considered whether the “zone of danger” test outlined by the U.S. Supreme Court in Consolidated Rail Corp. v. Gottshall, 512 U.S. 532 (1994) is applicable to a longshoreman’s claim...more

The Federal Railroad Safety Act — An Employer’s Nonretaliatory Reasons for Discharging an Employee Must Be Considered in Context...

The Federal Railroad Safety Act (FRSA) prohibits a rail carrier from retaliating against an employee because the employee engaged in certain activities protected by the statute, including the reporting of a workplace injury....more

When Ubering Goes Wrong: A Lesson for Both Drunks And Employers

Uber is a wonderful invention that has a primary function of driving intoxicated people from point A to point B. Sometimes, however, getting from point A to point B becomes an issue. This week, a lawsuit was filed in...more

Was Negligence the Cause of the Fatal Hoboken Train Crash?

Tragedy recently struck the New Jersey Transit’s Hoboken Terminal when a speeding train crashed through several safety barriers before ultimately smashing into the passenger depot. One person was killed and over 100 were...more

Did You Know That Your Insurance May Not Apply If You Injure a Bike Rider Opening a Taxi Cab Door?

Did You Know That Your Insurance May Not Apply If You Injure a Bike Rider Opening a Taxi Cab Door? Take this scenario. You live in New York City. You get into a taxicab. You reach your destination. You open the...more

Drone Laws and Privacy in Canada

‘Drones’ were first known by the military as unmanned aerial vehicles, and later by the International Civil Aviation Organization as remotely piloted aircraft systems. Drones come in various shapes and sizes and can be...more

Autonomous Safety Technologies: Lowering the Bar for the Alert and Safe Driver

In 2013, The National Highway Traffic Safety Administration (NHTSA) released a ‘Preliminary Statement of Policy Concerning Automated Vehicles’ (the “Policy”). The Policy includes a classifications system partitioning vehicle...more

Indiana Court of Appeals Finds that Post-Accident Reports Do Not Constitute Subsequent Remedial Measures

In a matter of first impression, the Indiana Court of Appeals recently decided that a post-incident investigation is not an inadmissible subsequent remedial measure under Indiana Rule of Evidence 407....more

Courts Continue to Reaffirm Preemptive Effect of Statute Protecting Aircraft Lessors

A decision out of the U.S. District Court for the District of Hawaii joins a growing list of holdings reaffirming the proposition that an owner, lessor or secured party not in actual possession or control of an aircraft is...more

Will Fatal Self-Driving Crash Put the Brakes on Autonomous Vehicles?

The National Highway Traffic Safety Administration is handling a full load of safety recalls and investigations these days, including the investigation of a fatal crash involving Tesla’s Autopilot system. On May 7, a man was...more

UAS in the USA: An Overview of the FAA's New Drone Rules

On June 21, 2016, the FAA announced its new rules to govern non-hobbyist small UAS (“sUAS” or “drones”) operations. Gluttons for punishment can read the entire 624-page FAA document here; others can read a summary of the...more

Prom, Graduation and the Dangers of Under-Aged Drinking. Who is Liable?

It’s the season for proms and graduation parties, which means increased underage drinking and serious safety concerns. What many adults do not know, is that they can be found liable when a teen consumes alcohol on their...more

How an Injury Attorney in Chicago Proves Negligence

When someone sustains an injury or loses a loved one because of the negligent actions of another, an injury attorney in Chicago can help establish legal liability. The Insurance Institute for Highway Safety reports that...more

Many Illinois Roads Rated in Poor Condition

While it is a fact of life for most Chicago residents, driving on Illinois roads can be perilous. Crumbling roads and bridges cause damage to vehicles and can lead to serious accidents. When it comes to damaged roads,...more

When Drowsy Driving Leads to Accidents

According to the National Sleep Foundation, approximately 100,000 police-reported accidents each year are due to drowsy drivers. According to a nationwide poll conducted by this institution, 37 percent of people admit to...more

Alarming Number of Bystanders Injured in Chicago-Area Police Pursuits

Police shootings have dominated the headlines, however, police pursuits have injured and killed more individuals over the last several years, and the Chicago-area statistics are shockingly high....more

The Role of Our Cities in Upholding Pedestrian and Cyclist Safety

American cities play an important role in helping to maintain the safety of cyclists and pedestrians. Fortunately, the United States Government Accountability Office (GAO) reports that numerous cities and states around the...more

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

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

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