News & Analysis as of

Trucking Accident

Searcy Denney Scarola Barnhart & Shipley

The Impact of Federal Regulations on Tallahassee Truck Accident Claims

Federal government agencies such as the Federal Motor Carrier Safety Administration work vigilantly to research the causes of truck accidents and ways to improve safety for truckers and other motorists on the road. While the...more

Benesch

A Broker Nuclear Verdict Reversal! (And a Very Good Year [In the Courts] for Brokers)

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Suffice it to say that the past year has been a very good year for brokers; in the courts, that is! While there have been several very favorable preemption decisions across the country, the preemption doctrine is not...more

Benesch

Staying in Your Lane on Vehicular Accident Liability

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Accidents on the roadways are an unfortunate reality in the transportation business.  Any carrier that has been in the business long enough, or that has reached a sizeable scale, experiences accidents despite a zealous...more

Marshall Dennehey

Superior Court of Connecticut Dismissed Claim that an Accident Could Have Been Avoided if Trucking Company Had Installed a...

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Hunter v. Daimler Truck North America, LLC, 2024 WL 834592 (Sup. Ct. Waterbury, Feb. 22, 2024) - This matter involved an accident where a box truck driver fell asleep and veered to one side of the road, flipping the vehicle...more

Marshall Dennehey

Ohio Appeals Court Affirms Dismissal of Complaint by the Estate of Decedent Who Intentionally Created Accidents with Tractor...

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Estate of Coumbassa v. Hickle, 2023 WL 8234445, 2023-Ohio-4292 (Ohio App. Nov. 28, 2023) - A fantastic set of facts saw a lower court’s ruling affirmed by the appellate court when a motorist/decedent, whose actions were...more

Marshall Dennehey

Court Dismissed Several Counts Against Transportation “Broker” on Basis of Vicarious Liability, but Held that Issue of Negligent...

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Allen v. Foxway Transportation, Inc., 2024 WL 0478015, No. 4:21-cv-00156 (M.D. Pa. Dec. 7, 2023) - In a tragic, fatal collision between a tractor trailer and a passenger vehicle, which was disabled after striking a deer, the...more

Morris James LLP

Who Can You Sue for a Trucking Accident?

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Trucking accidents can have devastating consequences, often resulting in catastrophic injuries and significant property damage due to the sheer size and weight of the vehicles involved. If you or a loved one has been involved...more

Searcy Denney Scarola Barnhart & Shipley

Understanding Statutes of Limitations for Personal Injury Cases in Florida

Personal injury cases in Florida span the range of injuries from car and truck accidents, medical malpractice, dog bites, trips and falls, and many others. Florida’s personal injury law sets out your legal rights if you have...more

Searcy Denney Scarola Barnhart & Shipley

Seasonal Weather Hazards and Personal Injury in Tallahassee

While we might not get snow in Tallahassee, seasonal weather hazards still play a role in our lives at various points throughout the year. Rather than snow storms, hurricanes and tropical storms are our primary concern—with...more

Searcy Denney Scarola Barnhart & Shipley

FAQs: What You Need to Know After a Truck Accident in Florida

Truck accidents often have serious consequences. If you or a loved one has been seriously injured in a truck accident, you could be facing significant and long-term losses. You may be entitled to financial compensation (the...more

Ward and Smith, P.A.

How Can a Truck Accident Lawyer Help?

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Our economy depends on commercial trucking. In 2021, there were 13.86 million trucks registered, and they traveled a total of 327.48 billion miles in that year alone. In 2022, large trucks transported 72.6% of the total...more

Presley & Presley

Covenant Not To Execute Does NOT Preclude Damages

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Following a coverage denial, many jurisdictions permit insureds and claimants to enter into covenants not to execute and to enforce a resulting judgment against the insurer if coverage is shown to exist. Insurers often argue...more

Weber Gallagher Simpson Stapleton Fires &...

Understanding the Interplay of Punitive Damages and Direct Claims in Trucking Accidents

The recent case of Villagran v. Freightbull, Inc., No. 22-CV-2159 (E.D. Pa. Oct. 12, 2023, McHugh, J.) provides good case law for the trucking industry regarding the interrelatedness of claims for punitive damages and direct...more

DRI

[Event] Trucking Law Seminar - April 10th - 12th, St. Louis, MO

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In a litigation environment hallmarked by increasingly high jury verdicts, the time is now for the trucking industry to act and to re-evaluate what defense strategies and methods will best protect our clients and ensure the...more

Cranfill Sumner LLP

Best Investigative Practices Following a Truck Accident

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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

Marshall Dennehey

Insurance Provider Granted Summary Judgment Based on an “Aircraft Liability Exclusion” Within Its Policy

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Travelers Prop. Cas. Co. of Am. v. H.E. Sutton Forwarding Co., LLC, No. 2:21-CV-719-JES-KCD, 2023 WL 5486746 (M.D. Fla. Aug. 24, 2023)  - This matter involved a petition by Travelers, seeking a declaration that it did not owe...more

Marshall Dennehey

Federal Court Denies Plaintiff’s Motion for Summary Judgment After Further Analysis of “Corporate Liability”

Marshall Dennehey on

Jarka v. Holland, No. CV1301912GCTJB, 2023 WL 4551472 (D.N.J. Jul. 14, 2023) - This matter involved a collision between a train and a tractor-trailer. The plaintiff moved for summary judgement with respect to the defendants’...more

Marshall Dennehey

Southern District Court Limits Admissibility of Statements Made to Plaintiff’s Physicians at the Time of Trial

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D.R. by Rodriguez v. Santos Bakery, Inc., No. 20-CV-3628 (KHP), 2023 WL 3736441 (S.D.N.Y. May 31, 2023) - This decision relates to several motions in limine and the Southern District Court’s determination as to what evidence...more

Marshall Dennehey

Federal District Court Finds that Mental Health Records Are Not Discoverable Under Ohio State Law

Marshall Dennehey on

Jenkins v. Samuels, No. 3:21-CV-229, 2022 WL 20475979 (S.D. Ohio Nov. 17, 2022) - While the plaintiff claimed that, following his motor vehicle accident with the defendants’ semi-trailer truck, he suffered from “head pain,...more

Searcy Denney Scarola Barnhart & Shipley

How To Choose a Florida Truck Accident Attorney

A truck accident can have a devastating impact on the current state of your life as well as your future. Choosing the right lawyer to assist you can make the difference between you receiving the compensation you deserve and...more

Searcy Denney Scarola Barnhart & Shipley

Identifying the Defendants in a Florida Truck Accident Case

Trucking accidents can have a devastating impact on the victim’s life. This is, in part, due to the fact that passenger cars are no match for an oncoming semi. While such accidents often result in greater injuries than a...more

Searcy Denney Scarola Barnhart & Shipley

The Impact of Comparative Fault in Florida Truck Accident Cases

Florida is like most other states in that a victim can still receive compensation even if they were partially liable for a trucking accident. In early 2023, however, our state adopted a system that is known as “modified...more

Searcy Denney Scarola Barnhart & Shipley

How to Protect Yourself and Your Rights After a Truck Accident in Florida

If you have been involved in a Florida truck accident, then your world has likely been turned upside down. It is understandable that you likely do not know what steps to take next. To make matters worse, you are likely to be...more

Marshall Dennehey

Appellate Division Decision Finds Attorney-Verified Pleadings Insufficient From Both Parties, Highlighting Need to Support...

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Pemberton v. Montoya, 2023 N.Y. Slip Op. 02674, 2023 WL 3486551 (2d Dept May 17, 2023) - In a highly regular procedural development, the defendant in a vehicular accident failed to timely answer, and the plaintiff moved for a...more

Marshall Dennehey

Appellate Court Affirmed Trial Court’s Determination That Erroneous Admission of Evidence That Defendant Was Terminated as a...

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The plaintiff, a nursing assistant, was sitting in the front seat of an ambulance that rear-ended a vehicle at a red light in poor weather conditions. The defendant maintained he was driving the speed limit, while the...more

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