News & Analysis as of

Transportation Personal Injury

Read need-to-know updates, commentary, and analysis on Transportation issues written by leading professionals.

Deadly Crash in Canoga Park Sheds Light on Impaired Driving

Recently a high-speed crash in Canoga Park, California took the life of young driver Steven Rodriguez, just two weeks after his 21st birthday. Authorities believe than an excessive rate of speed combined with possible...more

“Some Truckers Say the Darndest Things”

In a time where companies are getting better at documenting and keeping track of incidents, we are faced with a dilemma in the trucking field with these incident reports pinning the driver, and ultimately the company, to...more

Washington Court Finds Port District Liable for Worker’s Severe Injuries at Airport and Rejects Federal Aviation Preemption...

by Lane Powell PC on

The Washington Court of Appeals recently affirmed a $40 million verdict in favor of a worker seriously injured at SeaTac International Airport while performing ground services for a contractor on the airplane ramp. The...more

National Push for Speed Limit Increase a Bad Idea

by Michigan Auto Law on

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

by Jaburg Wilk on

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

by Selman Breitman LLP on

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

by Lane Powell PC on

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...

by Lane Powell PC on

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?

by The Rothenberg Law Firm LLP on

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?

by Melito & Adolfsen on

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

by Field Law on

‘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

by Rumberger Kirk & Caldwell on

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

by Reminger Co., LPA on

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

by Holland & Knight LLP on

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?

by Foley & Lardner LLP on

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

by Brooks Pierce on

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?

by Howard Ankin on

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

by Howard Ankin on

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

by Howard Ankin on

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

by Howard Ankin on

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

by Howard Ankin on

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

by Howard Ankin on

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

by Howard Ankin on

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

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