Monthly Archives: January 2007

Truck Safety Coalition sponsors Sorrow to Strength Conference

The Truck Safety Coalition is hosting its 2007 Sorrow to Strength Conference at Arlington, VA, on March 10-13, 2007.
Sorrow to Strength is designed for survivors of truck crashes and families/friends of those who have died or been injured. The conference allows survivors to come together for a weekend of sharing, remembrance, workshops and public … Continue Reading

Top 10 Causes of Truck Wrecks

Allen Smith, a former truck driver who publishes the blog, has listed the "Top 10 Causes of Truck Accidents" as follows:
1. Prescription Drug Use 26%
2. Traveling Too Fast 23%
3. Unfamiliar with Roadway 22%
4. Over-the-counter Drug Use 18%
5. Inadequate Surveillance 14%
6. Fatigue 13%
7. Illegal Maneuver 9%
8. Exterior Distraction 8%
9. Inadequate Evasive Action … Continue Reading

Tort Deform
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“Super Lawyer” listings permitted in New York

New York courts have amended lawyer advertising rules to allow attorneys to tout their "bona fide professional ratings" — another example that New Jersey could be out of step if it adopts a proposed ban on services like "Super Lawyers."  Florida, Arizona and Philadelphia have said Super Lawyers or Best Lawyers ads are ethical.  Such … Continue Reading

Medical malpractice expert witness qualification rule eroded

When the Georgia General Assembly rushed two years ago to pass Senate Bill 3,  the sponsors could not be bothered with the tedious and time consuming committee work of careful legislative drafting, reflection, discussion and revision.  The result is the legislation is being picked apart piece by piece. The Court of Appeals has dissected a … Continue Reading

Survey reports 77% of commercial truckers deliberately violate hours of service rules

A recent confidential survey of commercial truck drivers reports that 77 percent admitted to deliberately violating the hours of service regulations in the past, and that 55 percent said they were still breaking the rules.  Drivers report that the most common violation is logging time as off-duty when actually on-duty (78 percent). … Continue Reading

Another sleepy trucker wrecks. Ex-FMCSA adminsitrator shills for industry, says rules don’t mean what they say.

Fortunately no one was injured when the driver of an 18-wheeler mail truck fell asleep on I-75 near Macon at 3:30 AM, over-corrected when he woke with a start, and went over an embankment.  However, two of three northbound lanes were closed several hours and the GA DOT will have to replace a guard rail.  … Continue Reading

Delayed service in Fulton State Court Lexis File & Service online filing system

George Washington said that "eternal vigilance is the price of liberty."  Eternal vigilance is also required in litigation to avoid being blindsided by late hits.
Since late last night I have learned that service through the Lexis File & Serve system in Fulton State Court may be delayed as much as a day and a half.  … Continue Reading

Proposed legislation on wireless communication use while driving

Representative Mary Margaret Oliver of Decatur has introduced in the General Assembly HB 5 regarding use of wireless communication devices while driving.  It would amend OCGA 40-6-241 to include the following:
(a) For purposes of this Code section, the term:

(1) ‘Device’ means a cellular, hands-free, or mobile telephone, wireless communication device, personal digital assistant, … Continue Reading

Spoliation of truck driver logs

Richard Miller at Maryland Injury Lawyer Blog this week posted a commentary on the adverse inference from spoliation (loss or destruction) of truck driver logs, referring to case law including a Georgia case.  It’s a topic of continuing interest in trucking litigation.