News & Analysis as of

Commercial Truck Drivers Negligence

Benesch

Carmack Amendment Liability: Reminder of the Basic Legal Principles

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We regularly receive questions about motor carrier liability under the Carmack Amendment. This standard has been ubiquitous with interstate motor carriage since its enactment in 1906. Still, misunderstandings abound and can...more

Searcy Denney Scarola Barnhart & Shipley

Understanding the Role of Negligence in Truck Accidents in Florida

Being hit by a semi-truck can leave a victim seriously injured and unsure as to what they should do next. Understanding how the law applies to your situation can quickly become complicated. This is, in part, due to the fact...more

Searcy Denney Scarola Barnhart & Shipley

The Worst Truck Accidents in the U.S.

The vast majority of traffic accidents are minor, with smaller amounts of damages and less serious injuries. However, every once in a while, there is an accident that garners national attention because of its size and/or...more

MG+M The Law Firm

The Growing Risk of Liability for Freight Brokers, Direct Shippers and Third-Party Logistic Providers in Motor Carrier Collisions

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Negligence claims arising from motor carrier collisions have typically focused on the driver, owner and/or operator of the subject vehicle involved in the accident. This traditional model allowed freight brokers, direct...more

Console and Associates, P.C.

Stay Safe Sharing the Road With Semi-Trucks in Winter Conditions

Driving in icy conditions is never ideal, but if you must make the trek during winter weather, you’re likely to share the roads with tractor-trailers. True snow days are few and far between for the semi-truck driver, who...more

Ward and Smith, P.A.

North Carolina Trucking Accident Law

Ward and Smith, P.A. on

Tractor trailers and other large commercial vehicles travel the highways and our local roads daily to deliver consumer goods around the country. With so many trucks, including 18-wheelers, semis, flatbeds, dump trucks, and...more

Seyfarth Shaw LLP

U.S. DOT FMCSA Update on Distracted Driving

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Seyfarth Synopsis:  The Federal Motor Carrier Safety Administration (FMCSA) recently rolled out Our Roads, Our Safety, a national safety campaign to raise awareness about sharing the road safely with large trucks and buses....more

Amundsen Davis LLC

Brokers Beware: Findings Of Vicarious Liability May Nullify Ability To Seek Contribution

Amundsen Davis LLC on

Freight brokers have been on notice in Illinois since the Sperl v. C.H. Robinson decision came down in 2011 that they may be held liable for the actions of a motor carrier and its drivers. In Sperl, an Illinois Appellate...more

Benesch

From the Benesch Transportation Archives: To Delivery....And Beyond!: The Boundaries of Carrier Liability for Unloading (A Clear...

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Introduction: Carmack Boundaries and the Blurring of Unloading Functions - Under the Carmack Amendment, a carrier is liable for the actual loss of goods which “arrive” damaged 49 U.S.C. §4706(a)(1). But when does that...more

Haight Brown & Bonesteel LLP

Statutory Violation Does Not Establish Causation in Wrongful Death Action

In Anthony Toste v. CalPortland Construction, et al. (No. B256946, filed 3/2/16), the California Court of Appeal for the Second Appellate District affirmed the power of the jury to determine causation as an issue of fact in a...more

Benesch

Shipper Liability (If Any) to Carriers’ Drivers for Allegedly Improperly Loaded Freight

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In most of the situations of injury and damage that are a result of allegedly improperly loaded freight, the damage is to third parties, who fall victim to freight careening from trucks on public highways, or falling off, or...more

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