Transportation Law › Personal Injury

Massive Minnesota Oil Spill Raises Questions about Safety of Transporting Oil by Rail

As oil exports from Canada to the United States expand, so do the risks associated with rail transport. Early in the morning of March 27, 2013, a mile-long Canadian Pacific train hauling Canadian crude oil went into...more

A Discussion on Vehicle Safety and Deterring Drunk Drivers

There have been two high-profile drunken driving accidents in the Puget Sound area in the past couple of weeks. The first, an already-highly-publicized crash in the Wedgwood area in which Mark Mullan was driving drunk and...more

Jury Awards $10M for Fatality at Unsafe Intersection

The family of a mother killed in a California crash won a $10 million jury award against the state transportation department for not building a left-turn lane at the dangerous intersection. ...more

NY State Appellate Court Sides with Airlines, Dismisses Tarmac Delay-Related Claims

The Second Department in Biscone v. JetBlue Airways Corporation recently dismissed airline passengers’ tort claims against an airline based on the failure to provide food, water and facilities during an 11-hour tarmac delay,...more

FANE LOZMAN v. THE CITY OF RIVIERA BEACH, FLORIDA

U.S. Supreme Court Decision

The U.S. Supreme Court has now ruled that Lozman’s houseboat was a "floating home" and has ruled that his floating home is not a vessel. ...more

Government Relations And Lobbying Insight: Legislature Opens For Business

After a dramatic November general election, the Minnesota Legislature convened the 2013 session this week with the DFL party firmly in control of state government for the first time in 22 years....more

Are You In Danger From A Counterfeit Airbag?

When you unknowingly buy a counterfeit handbag, you have been scammed out of your money. But if your car has been outfitted with a counterfeit airbag, you have been robbed of your safety, and possibly your life....more

How Does the National Transportation Safety Board (NTSB) Help Families After Airplane Accidents?

The aftermath of an airplane accident involves action by numerous organizations, including the involved airline, federal, state and local agencies, and volunteer associations. In addition to ensuring that survivors receive...more

Hitting someone in the Cross Walk is not an Option

You may have noticed since July throughout the City of Chicago as part of an ongoing effort to increase pedestrian safety and reduce the number of crashes, the Chicago Department of Transportation (CDOT) has begun installing...more

Preventable Injuries to Disabled Airline Passengers

There are rules in place that are meant to protect disabled passengers, but with pressure on their profits, U.S. Airlines typically contract with outside companies for wheelchair services at airports. These contractors often...more

Atkins v. SMART

Michigan Supreme Court Overturns Court of Appeals and Rules Claims Against Public Transportation Authority Were Barred by...

I argued this case for SMART in the Supreme Court on March 7th, 2012 on my application for leave to appeal. Rather than grant, the Court issued an opinion in favor of SMART, reversing the Court of Appeals decision, which I...more

Accident Attorneys' Guide to Buying a Safe Car

These are considerations when deciding the best vehicle to buy for your family, certainly. However, something that should be read by anyone thinking of getting a new family vehicle, even before the glossy brochures at the...more

Based On Economic Loss Rule and Consequential Damages Clause, Supreme Court Holds That Plaintiff Had No Tort Claim

In El Paso Marketing, L.P. v. Wolf Hollow I, L.P., the Texas Supreme Court decided that the economic loss rule and a consequential damages clause eliminated a power plant owner’s claim against a pipeline company for...more

Impact of NSW Workers Compensation Changes on the Maritime Sector

Changes to the NSW workers compensation insurance scheme have just been passed which substantially restrict the range and reduce the level of compensation available to injured workers in NSW. The changes are not only...more

Transportation, Distribution and Logistics Alert Newsletter -- July 2012: Recent Cases Illustrate Possibility of Substantial...

Since the Schramm v. Foster, 341 F.Supp.2d 53 (D. Md. 2004), transportation companies have been aware of the possibility of suits and verdict against transportation brokers. This is significant because many carriers also...more

Rejecting the Rejections: Pennsylvania State and Federal Courts Strictly Construe UIM Rejection Forms

In this article, Daniel E. Cummins of the Scranton, Lackawanna County, Luzerne County, Northeastern Pennsylvania insurance defense firm of Foley, Comerford & Cummins analyzes recent decisions from Pennsylvania courts strictly...more

6 Reasons to Hire Personal Counsel

Many small to medium-sized business purchase commercial general liability insurance or some other type of business insurance to protect the business against claims or lawsuits. In exchange for premium payments by the...more

Six Reasons to Hire Personal Counsel

Many small to medium-sized business purchase commercial general liability insurance or some other type of business insurance to protect the business against claims or lawsuits. In exchange for premium payments by the...more

Oregon Laws for Pedestrian Right of Way

The laws surrounding pedestrian right of way can be complicated. You need to know 1) when to cross as a pedestrian and 2) when to yield as a motor vehicle driver. Violating any of these laws can cost you big - in both...more

The Myth of the Low Impact Car Accident

Insurance adjusters are always looking for reasons to deny your personal injury claim. One of the most common problems people face is that the extent of their injuries is much greater than the damage done to their car. The...more

Government Liability in Car Accident Claims

Sometimes a car accident really ISN'T your fault. Sometimes road signs are unreadable, sometimes intersections are poorly designed - all of these can contribute to your accident and are the responsibility of public entities...more

Train and Railroad Workers at Risk from Asbestos Exposure

Railroad employees who worked onboard trains or in a railyard may be at an increased risk of developing mesothelioma or other diseases caused by asbestos exposure. Research has found that railroad workers are significantly...more

Are insurers ready for driver-free cars?

Many of us fondly recall the Jetsons cartoon from our childhoods. It was a show that still seems incredibly futuristic, and yet many of the inventions envisioned in the Jetsons aren’t yet a part of our reality. But one...more

Deal in the works to keep Avondale Shipyard open past 2013

Several media sources in the New Orleans area have reported that a deal is in the works to keep the nearby Avondale Shipyards open past its proposed 2013 closure date. According to a story published by Fox News 8, the deal...more

Commercial Truck Insurance Claims

Commercial truck accidents are generally more serious than regular auto accidents - there is more property damage and more life-threatening injuries. Because of this, commercial truck and trucking companies are required to...more