The Chartwell Chronicles: Trucking
The Increasing Visibility of Driver Health
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
Colorado's scenic highways and bustling urban centers are home to a constant flow of commercial truck traffic. With this heavy presence of large vehicles comes the need for robust laws and regulations to ensure safety for all...more
The Commercial Vehicle Safety Alliance’s (CVSA) International Roadcheck (Roadcheck) is scheduled for May 14-16, 2024. Roadcheck is an annual high-visibility, high-volume commercial motor vehicle inspection and regulatory...more
In Episode 27 of The Chartwell Chronicles, hosts Colin Davis and Brittany Atkinson are joined by special guest Garner Berry from our Ridgeland, MS office to discuss trucking claims. Colin, Brittany, and Garner cover a variety...more
Beginning January 1, 2024, California intrastate motor carriers and drivers will be required to use an electronic logging device (“ELD”) as generally required by the federal ELD regulations adopted under 49 CFR § 395, Subpart...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
Controversial and sweeping clean-air regulations California was moving to implement on trucking fleets in the state have been put on hold, with a new call for public feedback and the proposed creation of an industry working...more
The U.S. Department of Transportation (DOT) has published regulations overhauling and expanding its regulated employee testing program to include oral fluids drug tests. The new regulations, which update 49 C.F.R. Part 40...more
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
On February 1, 2023, the Federal Motor Carrier Safety Administration (FMCSA) restarted the process it began in 2017, requesting comments from stakeholders in a supplemental advanced notice of proposed rulemaking (SANPRM)...more
Seyfarth Synopsis: The Federal Motor Carrier Safety Administration (FMCSA), an agency of the Department of Transportation (DOT), today published a notice of proposed rulemaking (NPRM) (FMCSA–2022–0028), that would maintain...more
In a regulatory victory, interstate household goods movers recently saw the universe of required paperwork reduce by one key document. In 2017, the Federal Motor Carrier Safety Administration (FMCSA) convened a Federal...more
Many trucks on the freeway already drive themselves -with an operator on board. These trucks operate smoothly and safely with little to no human intervention. Such vehicles are capable of knowing when to make space and move...more
Employers with light fleets, non-owned fleets, and fleets regulated by the Department of Transportation (DOT) all have commercial auto liability exposure. However, with the increase in large verdicts in recent years,...more
In 2019, the federal Department of Transportation (DOT) issued final regulations that changed requirements for commercial motor vehicle drivers’ rest and break times. The new rules said that if a driver was behind the wheel...more
One of the first questions we ask of new for-hire motor carrier clients is: “What are you hauling?” The typical trigger words that cause lawyers and trucking consultants to perk up should not come as a surprise: hazardous...more
On June 10, 2022, the Federal Motor Carrier Safety Administration (“FMCSA”) issued a notice and request for comments in Docket No. 2022-134 to assist the agency in issuing guidance by November 15, 2022, in response to the...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
Over the past decade, the number of motor vehicle lawsuits in Texas has increased significantly, including those involving commercial vehicles and employers, while the number of actual collisions involving a fatality, severe...more
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
On November 12, 2021, a divided panel of the U.S. Court of Appeals for the D.C. Circuit in Truck Trailer Manufacturers Association, Inc. v. EPA, et al. held that the Environmental Protection Agency (“EPA”) cannot regulate...more
The United States Court of Appeals for the D.C. Circuit (“Court”) in a November 12th Opinion addressed a challenge to the Greenhouse Gas Emissions and Fuel Efficiency Standards for Medium- and Heavy-Duty Engines and Vehicles...more
The possibility of a shipper being found liable to a third party who is injured by allegedly improperly loaded freight is an evolving one. Historically, the onus of responsibility, and liability, for loading freight has been...more
The Ninth Circuit Court of Appeals recently upheld the Federal Motor Carrier Safety Administration’s (FMCSA) determination that federal law preempts California’s meal and rest break requirements as to drivers of...more
The U.S. Department of Transportation (DOT) historically has been less prone to large shifts in policy between presidential administrations. Although President Donald Trump and President-Elect Joe Biden each nominated a...more