Trucking Accident

News & Analysis as of

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

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...

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

“Physical Contact” is required in order to make an Uninsured Motorist Claim!

Los Angeles Uninsured and Underinsured Motorist attorney Barry P. Goldberg is regularly confronted with issues which implicate the use of Uninsured/Underinsured Motorist Coverage. It is very common that an unidentified “hit...more

Gambrell v. IDS Prop. Cas. Ins. Co.


Truck Accidents Are On The Rise, Here’s Why…

Accidents involving commercial or “big rig” trucks are on the rise, largely due to the tires installed on big rig trucks. Most tires on big rig trucks are not designed to function properly at speeds over 75 miles per hour and...more

The Tenth Circuit rejects excess insurers’ implied duty to investigate and initiate settlement negotiations

Interpreting Oklahoma law, the US Court of Appeals for the Tenth Circuit recently held that the duty of good faith and fair dealing does not require that an excess insurer, unlike a primary insurer, affirmatively investigate...more

Liability for Highway Trucking Accidents- Who Is To Blame?

Truck accidents on U.S. highways frequently result in life-threatening and fatal injuries. The Federal Motor Carrier Safety Administration (FMCSA) emphasizes that the sheer weight of most big rigs—often 10,000 pounds or...more

How Driver Negligence in an Accident Lawsuit is Determined in Court

What is negligence? In any auto, truck, bus or other kinds of on-road collision, it is an act or failure to act that causes an accident. Negligence is failure to follow the rules of the road, which might include running a...more

Bringing Punitive Damages to the Forefront of Florida Trucking Litigation

Having punitive damages imposed against a trucking company is often a source of great anxiety for defense attorneys and their trucking company clients. Florida attorneys skilled in the handling of truck accident cases...more

Tracy Morgan Truck Accident Settlement

Last year, comedian Tracy Morgan and his friend James McNair were involved in a serious truck accident. Tracy suffered severe injuries and McNair was killed when a Walmart truck collided with the limo bus that was carrying...more

Supreme Court of Tasmania reminds insurers how to interpret common exclusion clauses

In Hammersley v National Transport Insurance, the Full Court of Tasmania’s Supreme Court examined the authorities on the meaning of “accidental”, “recklessness” and “used in an unsafe or unroadworthy condition” – terms which...more

The Increasing Visibility of Driver Health [Video]

In the transportation industry, driver health has grown into a highly visible issue. Both through regulatory initiatives and with respect to civil litigation, there are ongoing attempts to identify the scope of driver health...more

Are leasing companies exempt from negligent truck drivers’ actions?

The Federal Motor Carrier Safety Administration reports that truck crashes have increased in the past few years. According to Illinois statistics, there were over 5,500 collisions involving large trucks in 2012....more

Motor Carriers Are Liable For Injuries to Drivers of Leased Vehicles Who Are Classified As Independent Contractors

Jose Vargas v. FMI, Inc. et al. - In Vargas, California’s Second Appellate District held that the Privette doctrine does not shield a motor carrier operating under a federal franchise from liability for tort injuries...more

Summary of California Appellate Decisions - March 2015

HOW TO USE THIS CASE SERVICE - When you receive your summaries, each page will have an alphabetical letter located in the upper right-hand corner. Each alphabetical letter corresponds to a separate subject matter...more

Distraction a common problem with truckers

Driver distraction is currently one of the greatest threats to motorist safety in Illinois. This has never been more apparent that when the drivers of large commercial trucks cause accidents because they were distracted....more

Los Angeles Metrolink Hit & Run Accident

The recent news of a serious hit-and-run collision between a produce truck and a MetroLink train in Southern California has prompted many to ask: what are a driver’s obligations after an accident? How is someone charged with...more

Trucking companies can be held responsible for a truck accident

When Chicago drivers take to the roads, they put an immense amount of trust in the other motorists with whom they are driving. A negligent individual can make a choice that results in serious injury for those around them at...more

FMCSA studying CDL training programs and truck accidents

Due to a truck’s large size, trucking accidents are usually some of the most devastating roadway collisions that can occur. Unfortunately, many car accident attorneys have seen the number of trucking accidents increase in...more

Will proposed drug, alcohol clearinghouse for truckers make our roads safer?

A recent report from the Illinois Department of Transportation indicated that in 2013, 10 percent of all fatal crashes involved tractor trailers. While the factors playing a role in these crashes vary, many Chicago truck...more

Federal agency launching commercial driver clearinghouse

According to the National Highway Traffic Safety Administration, 3,921 individuals were killed and 104,000 were injured in 2012 during collisions involving commercial trucks on U.S. roadways. Out of those fatal crashes, two...more

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