Potential for Vicarious Liability Under the Graves Amendment
In the intricate landscape of catastrophic trucking cases and the interplay of multiple layers of liability insurance can resemble a precarious game of Jenga. Each move carries the potential to destabilize the structure,...more
Prompt and comprehensive investigation following a truck accident is imperative. It enables the defense to get an advantage on early claim analysis and evaluation and eliminates any future spoliation issues. Any seasoned...more
When lawsuits occur in the trucking industry, the potential for “nuclear verdicts” – verdicts where a jury award exceeds $10 million – is enormous. According to the most recent research on the matter from the American...more
Firm client Covenant Transportation has recently added Level 2 autonomous trucks. The Freightliner Cascadia has electronic steering, adaptive cruise control, lane departure warning, blind-spot warning, pedestrian warning,...more
There are federal regulations in place for truck safety, but they can’t prevent tragic accidents. Legislation related to the trucking industry is implemented and enforced by three major agencies of the U.S. Department of...more
The U.S. Department of Transportation’s Federal Motor Carrier Safety Administration (FMCSA) has published a notice of proposed rulemaking (NPRM) on changes to the hours of service (HOS) rules. Background - First adopted...more
It is difficult to think of a state with more open roads on which to drive a truck than the state of Texas. In fact, Texas has over 300,000 miles of public roads. The runner up, California, only has 169,703 – a distant...more
Hours of Service and when is a driver on duty, how time is tracked (ELDs), and what can a driver do, have been the subject of ongoing regulatory activity, litigation and debate for the past decade and more. One of the issues...more
Winds of change are blowing across Florida – not a scorcher, but instead tropical breezes that bring new hope for residents dealing with snarled traffic and new opportunities for developers, local communities and Israeli...more
• The U.S. Senate has been debating its version of autonomous vehicle legislation, which for the time being does not include autonomous trucks. • The Senate Commerce Committee's marked-up version of self-driving car draft...more
• The release of new federal guidance on autonomous vehicles, as well as the recent consideration of federal autonomous vehicle legislation in Congress, increases the likelihood that the introduction of autonomous commercial...more
While most of the buzz about autonomous vehicles involves passenger vehicles, autonomous trucks soon will become a reality, too. Large driverless trucks! Although it sounds implausible, and perhaps frightening to some, it...more
The Commercial Vehicle Safety Alliance (“CVSA”) has announced that its 30th annual International Roadcheck will occur June 6-8, 2017. This year’s Roadcheck will place a particular emphasis on cargo securement safety....more
On September 19, 2016, the National Highway Transportation Safety Administration (NHTSA) issued a Policy regarding automated vehicles. NHTSA issued the Policy for the purpose of providing guidance to the states,...more
The Graves Amendment is a federal statute that has traditionally shielded commercial motor vehicle leasing companies from most claims of vicarious liability. In August 2014, however, a New York court determined that a...more