News & Analysis as of

Trucking Accident

“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

Drunk Driving and Truck Accidents

Driving under the influence of drugs or alcohol is against the law in California, yet drivers continue to put others at risk by engaging in this unlawful and risky behavior. Every day, 28 people across the country die in...more

Defendants Cannot Compel Plaintiff to Receive a Vocational Rehabilitation Examination

by Low, Ball & Lynch on

Mohammed Haniff v. The Superior Court of Santa Clara County - Court of Appeals, Sixth Appellate District (March 18, 2017) 9 Cal.App. 5th 191 - When a personal injury plaintiff claims he or she can no longer perform...more

How Do I Know When I Need to Hire a Personal Injury Attorney?

Many innocent San Fernando Valley residents are injured in accidents that are not their fault but, for one reason or another, they fail to reach out to an experienced injury attorney to discuss their legal rights and...more

Spoliation of Truck Evidence Precludes Plaintiffs’ Use of That Evidence “As a Sword”: eDiscovery Case Law

by CloudNine on

In Below v. Yokohama Tire Corp., No. 15-cv-529 (W.D. Wisc. Feb. 27, 2017), Wisconsin District Judge William M. Conley, deciding on several pre-trial motions, granted (to an extent) the defendants’ motion for relief due to...more

Is the Proposed Safety Fitness Determination Rule in Jeopardy?

by Holland & Knight LLP on

The Federal Motor Carrier Safety Administration (FMCSA) published a notice of proposed rulemaking (NPRM) in the Federal Register on Jan. 21, 2016, designed to enhance the agency's ability to identify non-compliant motor...more

Is There an Opening to Withdraw or Modify Electronic Logging Device Rule?

by Holland & Knight LLP on

The Federal Motor Carrier Safety Administration (FMCSA) published its final electronic logging device (ELD) rule on Dec. 16, 2015, which the FMCSA claims, "is intended to help create a safer work environment for drivers, and...more

Will the Trump Administration Hit the Brakes on the Speed Limiter Rule?

by Holland & Knight LLP on

One controversial rule proposal that many expect will not become final under the new Trump Administration is the Speed Limiter rule proposed by two agencies of the U.S. Department of Transportation (DOT), the National Highway...more

Eighth Circuit Upholds Trucking Company's Sleep Study Requirement Based on Driver BMI

by Littler on

On October 12, 2016, the U.S. Court of Appeals for the Eighth Circuit found in favor of a large transportation employer’s driver sleep study testing requirement in a lawsuit challenging the practice under the Americans with...more

Measuring Brain Waves May Get Drowsy Drivers Off the Road

by Howard Ankin on

Drowsy driving is a huge problem on American roads. Some safety experts suggest that measuring brain waves could prevent drowsy driving among truckers....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

When Truck Accidents Cause Fires

What happens when a large truck or big rig crashes and starts a fire, injuring innocent victims? Who is responsible for the damage caused? After the recent raging fire in Calabasas, where residents were forced to evacuate...more

Distracted Truck Drivers Continue to Cause Accidents

by Howard Ankin on

Plenty of people check their phones during their work day. According to one study, people check their phones an average of 85 times per day, and this does not exclude time in the office. But when someone’s office is the cab...more

Inadequate Training a Major Cause of Large Truck Accidents

by Howard Ankin on

According to the American Truckers Associations (ATA) there is a shortage of approximately 50,000 truck drivers in the United States. In a country that is so dependent on the transportation industry for such a wide variety of...more

Can Technology Help Prevent Trucking Accident Fatalities?

by Howard Ankin on

Inattentive drivers cause accidents every day. When a truck is involved, those accidents often result in heavy property damage, serious injuries or fatalities. Recent annual Illinois crash data shows that tractor trailers...more

New Hampshire Supreme Court Holds Excess Insurer Has No Duty to Defend

In its recent decision in Old Republic Ins. Co. v. Stratford Ins. Co., 2016 N.H. LEXIS 8 (N.H. Jan. 26, 2016), the Supreme Court of New Hampshire, addressing a question certified by the United States Court of Appeals for the...more

Transportation Newsletter - January 2016

by Wilson Elser on

Illinois Appellate Court: A Contingent Automobile Liability Policy Is Not an Excess Policy - The Appellate Court of Illinois, First Judicial District, was recently confronted with the interpretation of a Contingent...more

Study on Tired Truckers Part of New Transportation Legislation

A bill approved by federal lawmakers Dec. 3, 2015 calls for a Federal Motor Carrier Safety Administration study on truck drivers’ long commutes and the safety hazards they present. The $305-billion Fixing America’s...more

Truck-trailer Accidents – Getting to the basics

Those involved in trucking litigation have become all too familiar with catastrophic injury and loss of life resulting from 18 wheelers (tractor trailers) being operated by drivers impaired by chronic fatigue. Why do we...more

Commercial Trucking Accident – The tragedy of driver fatigue

There are few things more disturbing when traveling on Americas highways than passing by a horrible accident scene involving an 18 wheeler. The images of a minivan, crushed and twisted to the point of being barely...more

How to Protect Yourself from Truck Accidents During the Holiday Season

With the holidays just around the corner, more and more shipping trucks will be on the roads delivering food, presents, decorations, and more. Combine that with more cars on the road, as many of travel to visit family and...more

Virginia Supreme Court Expands Scope of UM/UIM Coverage

by Sands Anderson PC on

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

Second Circuit Holds Auto Collisions Caused by Multiple Occurrences

In its recent decision in Nat’l Liab. & Fire Ins. Co. v. Itzkowitz, 2015 U.S. App. LEXIS 16763 (2d Cir. Sept. 22, 2015), the United States Court of Appeals for the Second Circuit, applying New York law, had occasion to...more

Hit By a Delivery Truck? Who Do You Sue?

For many Woodland Hills residents, the ease of online shopping has saved them time, money, and the stress of navigating crowded parking lots and busy retail stores. As online shopping becomes more of the norm, the number of...more

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

by Cozen O'Connor on

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

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