Trucking Litigation

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TV law firm “settlement mills” blasted in legal ethics journal

Lawyers and paralegals who had previously worked at personal injury firms that advertise heavily on television, billboards and bus placards have told me many tales about the business model of those firms.
They have told me how lawyers may be responsible for 600 cases at a time, with 100 or more in litigation.
They have told me … Continue Reading

16 Ways to Overcome the Independent Contractor Defense

Effective representation of the plaintiff in a case of serious injury or wrongful death often requires that counsel overcome an “independent contractor” defense.  That frequently involves solving a shell game of independent contractor business relationships used to evade financial responsibility. Sometimes lawyers refer to this as getting “beyond the monkey to the organ grinder.”
The general rule is that a defendant … Continue Reading

A year of bright ideas in advocacy

No matter how many years a lawyer has practiced, there is no end to the need for exposure to bright new ideas from the best lawyers around the United States.
Over the past year, I had the opportunity to serve as chair of the Motor Vehicle Collision, Highway and Premises Liability Section of the American Association … Continue Reading

Trucking safety measurement system falls to industry lobbying

“TMI” for “too much information” is a common, joking expression for overdisclosure of personal details in conversation or social media.
Now it appears that trucking companies with bad safety records yelled “TMI!” loudly enough, and spent enough money on “K” Street lobbyists and campaign contributions to impede public access to their safety records.
Five years ago, the … Continue Reading

Legal alchemy? Turning lead into gold by finding adequate insurance

If we have a nearly unique niche in our law practice it is the search for vastly more insurance for catastrophic truck crash cases where the visible insurance coverage is terribly inadequate. Other law firms — in Georgia and elsewhere — call us in to handle that part of a wrongful death or catastrophic personal … Continue Reading

Shigley Leads Section of American Association for Justice

Ken Shigley of Atlanta, who was president of the State Bar of Georgia in 2011-12, is now chair of the largest practice area section in the American Association for Justice (AAJ), the national organization of plaintiffs’ trial attorneys. Shigley took the helm of the Motor Vehicle Collision, Highway & Premises Liability Section of AAJ and … Continue Reading

When truck drivers are hurt by other drivers in Georgia, check uninsured motorist coverage on the truck

When a commercial truck driver is killed or seriously injured due to the negligence of the driver of a smaller vehicle, it is important to find out whether the insurance policy on the commercial truck includes uninsured / underinsured (UM/UIM) coverage. If so, that UM/UIM coverage would be available to compensate the truck driver or his/her … Continue Reading

$281 million verdict when drive shaft flies off truck, kills driver of following vehicle

In our Atlanta personal injury and wrongful death law practice, which includes many accidents involving large commercial trucks, we sometimes encounter instances of parts flying off trucks and striking other vehicles. Fortunately, it is rare for cases like one in Texas that occurred in 2012. In that case, a South Texas jury returned a verdict … Continue Reading

How do you handle fees and expenses in a personal injury or wrongful death case?

Many prospective clients in serious personal injury and wrongful death claims ask questions about legal fees and litigation expenses in handling their cases. As an Atlanta personal injury trial attorney handling serious injury and death cases across Georgia, and as an individual who remembers very well what it is like to be flat broke and … Continue Reading

Garbage hauler’s poor maintenance leads to death of 8 year old, loss of mom’s arm

CW Transport, LLC is a four-truck garbage hauling company in metro Atlanta. Though small in size, it is large in vehicle maintenance and unsafe driving violations. That bad record culminated in an incident in which the transmission parts from a CW Transport truck flew off the truck, across the median of I-20 and through the … Continue Reading