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Fatal Wal-Mart Truck Crash Case in NJ Case Moving Forward

In June, a Wal-Mart truck driver who had been awake 24 hours caused a deadly pileup in New Jersey. The Wal-Mart truck driver’s Twitter profile included the phrase, “move or get hit.”
Since that crash, most of the attention has been centered on comedian Tracy Morgan because he is most well-known. However he is not the … Continue Reading

Inflation Adjustment of Interstate Truck and Bus Insurance Moving Forward

Several times recently, I have written about the projected inflation adjustment to minimum liability insurance coverage for interstate commercial vehicles. The process continues.
A few days ago, the Federal Motor Carrier Safety Administration issued a 14-page Report to Congress, concluding the following:
1.    Current limits are inadequate in covering catastrophic crashes.
2.    Simply adjusting existing limits to adjust … Continue Reading

FMCSA Should Require Uninsured / Underinsured Motorist Coverage for Truck Drivers

Trucking has inherent dangers, both for other motorists hit by big trucks and for truck drivers who are underpaid and underinsured for their labor in one of the most dangerous of occupations. More truckers and delivery men, die on the job than any other vocation, according to the Bureau of Labor Statistics.
 
The current proposal to … Continue Reading

What Is a Chameleon Trucking Company and How Does It Keep Doing Dangerous Stuff?

Safety records matter, especially in the trucking industry in which 80,000 vehicles share the highway with your family and mine. If a trucking company builds a deplorable safety record there can be consequences in terms of fines, suspension, loss of operating authority, insurance rates, etc.

So what happens when a persistently unsafe trucking company encounters the … Continue Reading

Blood Alcohol Scores After Death Can Be “False Positive” Up To 0.20

In handling wrongful death and life insurance claims for clients, I learned years ago that blood alcohol tests after a person dies may not be reliable. Due to postmortem fermentation when a body is not kept cool after death, there can be “false positive” blood alcohol reports up to 0.20 grams/% — 2 ½ times … Continue Reading

The challenges of a long haul trucker: another 4 AM Spaghetti Junction truck crash

Most long haul truck drivers are decent, hardworking folks who chose truck driving as a way to support their families even though it keeps them on the road away from home most of the time.

At my childhood home in rural Alabama, a lot of my friends’ dads were over the road truck drivers because it … Continue Reading

Summer Break: Shigley’s Swimming Hole in Alabama

Folks, this post has nothing to do with law.  Appreciating the simple joys of a Southern summer, I just want to share a video someone posted of the “Shigley Hole,” an old swimming hole on land my great-grandparents homesteaded in the late 1800s near Little River Canyon in northeast Alabama.

I can just imagine my late … Continue Reading

9 Tips to Prevent Child Heat Stroke

Recent news stories of tragedies when young children were left in hot cars have generated passionate debate in metro Atlanta and across the country.
Certainly any parent who intentionally leaves a child in a hot car to suffer and die should be prosecuted and harshly punished. As a former prosecutor, I find myself wondering whether, if … Continue Reading

“Move or get hit” reported on Wal-Mart truck driver’s Twitter profile after fatal crash

The Atlanta Journal-Constitution has reported that the Twitter profile of Kevin Roper, the Wal-Mart truck driver who had been awake 24 straight hours before a fatal crash in New Jersey, had included the phrase, “move or get hit.”
This illustrates what my friend Andy Young in Ohio pointed out to me last year about the practical … Continue Reading

Georgia Supreme Court holds that plaintiffs’ attorney fees under O.C.G.A. § 9-11-68 can’t be based solely on contingent fee agreement

The Georgia Supreme Court on June 16, 2014,  in the case of Department of Corrections v. Couch, held that attorney fees awards for plaintiffs under the Officer of Judgment / Offer of Settlement statute (O.C.G.A. § 9-11-68) cannot be based solely upon the plaintiff’s contingent fee agreement. Just what would be sufficient remains somewhat unclear.
The … Continue Reading