Trucking Accident

News & Analysis as of

Tennessee Insurance Legal News: Volume 3, Number 3

Declaratory Judgment Action Interpreting the "Land Motorized Vehicle" Exclusion - In Tennessee Farmers Mutual Insurance Co. v. Simmons, No. E2013-01419-COA-R30-CV (Tenn. Ct. App. July 15, 2014), the Tennessee Court of...more

Court Nixes Litigation Standards Set by Pathologists

What if a truck drivers' union tried to set standards for when juries could conclude that a driver was negligent in causing a motor vehicle wreck? Or what if a trucking company could defend its driver falling asleep at the...more

Vehicular Homicide

Several states have laws referred to as an assault by auto or vehicular homicide as it is considered in Illinois. As the driver of a truck, there is a lot of responsibility; the greatest concern is safety and keeping fatigued...more

New Hampshire Court Dismisses Negligent Hiring and Retention Claims as Redundant of Motor Carrier’s Vicarious Liability

A New Hampshire trial court recently ruled that negligent hiring and retention claims asserted against a motor carrier on behalf of persons seriously injured in a multi-vehicle accident are redundant of the motor carrier’s...more

Rules for Rail Transport of Crude Oil and Ethanol Still a Work in Progress

In response to rail accidents over the past several years involving crude oil and ethanol, the U.S. Department of Transportation (“DOT”) has been working with industry stakeholders and the National Transportation Safety Board...more

Treating Physician Testimony May Establish Reasonable Value of Medical Bills

Joaquin Ochoa, et al. v. Jesus Felipe Dorado, et al. - Court of Appeal, Second Appellate District, Division Three (Shasta) (July 22, 2014) - Joaquin Ochoa and Imelda Moreno (“Plaintiffs”) were traveling in a...more

Capital Thinking: Energy

DOT PUBLISHES NOTICE OF PROPOSED RULEMAKING FOR NEW RAIL SAFETY STANDARDS - On Wednesday, July 23, the Department of Transportation (DOT) released a proposed rule designed to enhance the transportation safety of oil...more

Auto Accidents Caused by Trucks

Unfortunately for drivers in the San Fernando Valley and their passengers, truck accidents are a fact of life on the 101 -- and elsewhere. In fact, according to the U.S. Department of Transportation (USDOT), there are...more

The Court of Appeal’s Most Recent Comment on Jurisdictional Issues

In Tamminga v. Tamminga [2014 ONCA 478], the Court of Appeal considered whether an Ontario resident, who was injured after falling off a truck in Alberta, could maintain a claim in Ontario. Both owners of the truck were...more

Highway Safety: Rules Requiring Rest for Tired Truckers at Risk

A renewed debate about trucker safety is rolling down America’s highways following a vote by the Senate Appropriations Committee that weakens the rest regulations of those who operate 18-wheelers....more

OSHA Supports Drivers Who Refuse to Violate the Law

Hours of service (HOS) regulations are intended to prevent truck drivers from driving while they are dangerously tired. Other Federal Motor Carrier Safety Administration (FMCSA) rules require sick leave for ill drivers and...more

Why Trucking Is a Heavily Regulated Industry

The sheer size, weight and momentum of large trucks create tremendous impact in a vehicle collision. Truck accidents are some of the most devastating crashes on the roads today. Consequently, for safety reasons, truck drivers...more

Truck Accident Injuries & Statistics

Truck accidents are all too common in the San Fernando Valley. With the number of semi-trailers, garbage trucks, and crane trucks heading to and from construction jobs, it is hard to travel on our highways without seeing one....more

Florida Truck Drivers Ignoring Safety Regulations A Growing Problem

Recently a jury voted in favor of a mother of 2 and start track and field athlete who's live was forever altered by a truck driver who had not slept in more than 24 hours. While I applaud the jury's decision this case...more

New York Court of Appeals Sustains Delay in Disclaimer Based on Insured’s Lack of Cooperation

Will a New York court excuse an insurer’s delay in disclaiming coverage based on an insured’s failure to cooperate, when the facts confirm that it did so as soon as reasonably possible after it determined that the insured...more

Trial Court Dismisses Negligent Hiring, Retention Claims Against Motor Carrier

A New Hampshire trial court recently ruled that negligent hiring and retention claims asserted against a motor carrier on behalf of persons seriously injured in a multi-vehicle accident are redundant of the motor carrier's...more

Weekly Law Resume - February 2014: Insurance Coverage – “Mobile Equipment” Exception to Auto Exclusion

American States Insurance Company v. Travelers Property Casualty Company of America - Court of Appeal, Second Appellate District (January 27, 2014)- Most commercial general liability policies exclude liability for...more

Special Issues In Truck Accidents

Although they are an essential part of our transportation infrastructure, large cargo trucks can pose a significant hazard to other motorists. Whether through poor maintenance, driver error or improper loading and routing,...more

Truck Accidents Can Get Complicated

Robert Sauer, a resident of Fort Myers, died and his wife Marilyn is in critical condition after the SUV in which they were traveling collided with a dump truck. Mr. Sauer was attempting to make a left turn while traveling...more

Is That Covered? Tanker Fire

On May 9, 2013, a tanker truck carrying thousands of gallons of diesel fuel, overturned and caught on fire on a ramp near Interstate 81 and route 322 in Harrisburg....more

Woman Injured in Chain Reaction Crash on 405

A chain reaction crash between a commercial truck and four cars on the southbound 405 in Seal Beach has injured a woman, according to a news report. ...more

Wilson Elser and NTSB General Counsel Co-Author Guide to NTSB Accident Investigations

In This Guide: - 1 Abstract - 1 The NTSB - 2 Initiation and Nature of NTSB Investigations - 3 On-Scene Organization - 3 NTSB Investigation Groups - 4 Parties to the Investigation - 5...more

Third Circuit Addresses Insured Status for Lessor of Commercial Auto

In its recent decision in Koons v. XL Insurance Company, 2013 U.S. App. LEXIS 5870 (3d. Cir. Mar. 25, 2013), the United States Court of Appeals for the Third Circuit, applying Pennsylvania law, had occasion to consider...more

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