News & Analysis as of

Trucking Industry Car Accident

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

Bill Caravetta Prevails on Defense of Bad Faith Claim, Judge Rules on Motion for Summary Judgment

This was a workers’ compensation/bad faith lawsuit brought by Plaintiffs Kenneth Ingram and Wiley Harrison, both truck drivers for M3 Transportation. While transporting Department of Defense cargo for M3 Transport, Plaintiff...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

Autonomous Trucking and the Death of Driver Negligence?

by Sands Anderson PC on

The effect of AV technology on the commercial trucking sector will be profound. If Chauffeur were an ordinary truck driver, instead of a collection of lines of code, it would soon be eligible for membership in the coveted...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

Causation Experts Properly Excluded Where The “Leap From Data To Opinion Was Too Great”

by Carlton Fields on

In Hughes v. Kia Motors Corp., No. 13-10922, the Eleventh Circuit recently affirmed the district court’s exclusion of the plaintiff’s expert witness in a motor vehicle product liability case. Allene Hughes, the plaintiff’s...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

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

by LeClairRyan on

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

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 Accidental Criminal Defendant: The Fatal Tracy Morgan Collision Throws Spotlight on the Growing Criminalization of the Traffic...

It came as no surprise that Tracy Morgan sued Walmart last week after the fatal collision on June 7, 2014 between one of the company’s trucks and Morgan’s limousine on the New Jersey Turnpike. Early word that the Walmart...more

Who Is at Fault When a Driverless Car Is in an Accident?

by JD Supra Perspectives on

One author's view on how to determine the answer that may surprise you....more

Removal to Federal Court Based on Diversity Jurisdiction: How Long Do You Have?

Complaints filed in state court routinely allege only damages “in excess of $10,000.” If you’re a defendant considering removal to federal court based on diversity, such an allegation doesn’t meet the $75,000 amount in...more

5th Circuit Holds No Coverage for Trucking Accident

In its recent decision in Canal Indem. Co. v. Rapid Logistics, 2013 U.S. App. LEXIS 3772 (5th Cir. Feb. 22, 2013), the United States Court of Appeals for the Fifth Circuit, applying Texas law, had occasion to consider whether...more

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