Trucking Litigation

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truck2“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 Federal Motor Carrier Safety Administration (FMCSA) launched a new trucking safety initiative called the Compliance, Safety, Accountability (CSA) program.  At the heart of this program was a Safety Measurement System (SMS) designed to analyze violations from inspections and crash data. The idea was…

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 injury case resulting from a tractor trailer crash.

Alchemist-Cropped

The approaches to finding significant additional insurance coverage are not really legal alchemy or voodoo.  But they do involve a critical knowledge of subtle complexity gathered over 38 years in law practice that does not appear in…

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 the organization’s annual convention in Montreal on July 14, 2015.

ken_shigley_coverWith over 2,500 members nationwide, the section includes specialized litigation practice groups on Trucking Litigation, Bus Litigation, Traumatic Brain Injury, Spinal Cord Injury, Motorcycle Litigation, Bicycle Litigation, Resort Torts Litigation and…

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 family.

Getting that UM/UIM coverage information from the trucking company and its insurer prior to litigation can be tricky. Official Code of Georgia § 33-3-28 does require pre-suit disclosure of insurance coverage information by insureds and insurers. It provides, in part: “Every insurer providing

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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 for $281 million to the family of a man killed by a part breaking off a truck doing oil shale fracking work. The family was represented by Ron Rodriguez of Laredo, Texas, with whom appeared on Trucking Litigation Group seminar faculties.

On May, 29,…

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 in debt, I am very sensitive to those questions.

The short answer is that in handling personal injury and wrongful death cases for individuals and families, I do not require any money up front from clients whose cases I accept. I evaluate the merits of…

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 windshield of a Chevy Blazer.

That flying transmission part sliced off the arm of a young mother, Jemeka Malone, and killed her 8-year-old son, Cameron McIlwain. Ironically, the husband and father, Quantaine Malone, is himself a long-haul truck driver. This incident was featured in the…

ABCO Transportation, Inc., a refrigerated freight haulder based in Dade City, Florida, has had for several years an unsatisfactory record of unsafe driving violations with the Federal Motor Carrier Safety Administration. When a trucking company has a record as bad as ABCO, often there are issues of management turning a blind eye to safety, in my experience as a trucking trial attorney.

ABCO’s poor safety record culminated July 2012 when an ABCO truck driver ran a red light on Thornton Road in Douglas County, Georgia, causing a tragic crash that took the lives of two AutoTrader.com employees and injured…

A tractor trailer’s excessive speed in a curve was blamed for the big rig tipping over May 2012, killing a woman en route to pick up the diploma of her daughter who had graduated from high school earlier that week, according to a report by Robert Salonga in the San Jose Mercury News.

In San Jose, California, taking an exit on I-680, Hieu Huynh was  riding in a Toyota Camry driven by her daughter. The daughter saw a truck coming and tapped her brakes to create some space.  She didn’t see the rig tipping over, but her mother did. …

In the past 10 days this plaintiffs’ trial lawyer, in the capacity of State Bar of Georgia president, has co-presided over a joint meeting of the State Bar Executive Committee and the Georgia Supreme Court, had a joint press conference with the Attorney General of Georgia and spoke at a lunch meeting that included general counsels of some of Georgia’s leading corporations. In 75 days, I will complete my term as State Bar president and get back to practicing law full-time.

I do not expect any favoritism from anyone as cases must be decided on their merits.  But if a…