News & Analysis as of

Trucking Accident Trucking Industry

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

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

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

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

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

Goldberg Segalla

[Webinar] Handling Trucking Claims: A Primer on Common Liability and Coverage Issues - June 27th, 12:00 pm - 1:00 pm ET

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Attorneys from Goldberg Segalla’s Global Insurance Services and Transportation practice groups will provide a free, interactive webinar on some of the common liability and coverage issues arising from claims involving...more

Morris James LLP

Trucking Accidents on the Rise

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Last week, a tragedy occurred in Southern Delaware involving Freightliner tractor-trailer and a minivan: just after 10:30 PM the Freightliner failed to stop at a posted stop sign on Atlanta Road (Route 30) and drove into the...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

Marshall Dennehey

Trucking Company Was Able to Rebut the Presumption of Ownership of a Vehicle Allegedly Involved in a Motor Vehicle Accident With...

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This matter involved an otherwise standard motor-vehicle action but with an alleged hit-and-run driver. The plaintiff, using a trailer license plate number, claimed the involved tractor-trailer belonged to the defendant,...more

Morris James LLP

What Kinds of Evidence Do You Need in a Trucking Accident Case?

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Trucking accidents are a common occurrence on America's roads, causing serious injuries, property damage, and loss of life. According to the National Highway Traffic Safety Administration, 4,965 people were killed and...more

Benesch

Keeping the Empire Intact: Five Critical Operational Tips on Preventing Nuclear Verdicts

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​​​​​​​Nuclear verdicts in catastrophic motor vehicle accidents litigation (and even not so catastrophic accidents) have been proliferating for motor carriers (and brokers) for the past several years, with no immediate letup...more

Weber Gallagher Simpson Stapleton Fires &...

Pending Revision to NY Wrongful Death Law Will Increase Exposure to Trucking Companies

New York’s “Grieving Families Act,” Senate Bill S74A, has been brought to Governor Kathy Hochul’s desk for approval or veto after passing the New York Senate Assembly. The bill, which is expected to be signed into law, will...more

Weber Gallagher Simpson Stapleton Fires &...

Avoiding the Pitfalls of Last Mile Carrier Claims

As consumers frequently turn to e-commerce for their purchasing products (a trend greatly accelerated by the COVID-19 pandemic), retailers of all sizes have adopted the “last mile” business model to efficiently deliver their...more

Miles Mediation & Arbitration

The Impact of Pandemic – Related HOS Exemptions on Trucking Cases

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

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

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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

Rumberger | Kirk

Automotive and Trucking Accidents in the U.S. with Foreign Defendants: What Insurers Need to Know

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Attorneys Mike Forte and Vince Saccomando discuss defense strategies for automotive and trucking accidents in the U.S. with both foreign and U.S. defendants. They outline what insurers should know in handling these claims...more

Benesch

Shutting Down the Texas Roadhouse Verdict Party (in part); The Texas Legislature Takes Aim at Nuclear Verdicts

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As many are aware, the Nuclear Verdict phenomenon (a “nuclear verdict” is described as a verdict of $10 million or more) - by which plaintiffs’ personal injury counsel, propagating a sophisticated yet simultaneously...more

Bressler, Amery & Ross, P.C.

Trucking Company’s Post Accident Internal Preventability Determination Found Admissible at Trial

Trucking companies and their counsel have struggled to decide whether a carrier should conduct a preventability determination following an accident. Assessing how an accident happened and providing the truck driver with...more

Morris James LLP

Trucking Accident FAQs

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1. What if I've been hurt in a trucking accident? If you have been hurt in a trucking accident, you should first take care of any injuries to yourself and other occupants of your vehicle. Call 911 which will alert the...more

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