Tag Archives: Atlanta Georgia

Causal link between violation of trucking safety rules and truck crashes

In order to use Federal Motor Carrier Safety Regulation violations to support liability or punitive damages, it is essential to establish that the violation was a proximate cause of the crash.
Some judges don’t easily grasp the obvious connection between extreme driver fatigue and driver error. For example, in one Georgia case the court failed to … Continue Reading

Federal Motor Carrier Safety Regulations set minimum national safety standards for trucking

The framers of the U. S. Constitution recognized in 1787 that no individual state could adequate deal with regulation of interstate commerce, so that was made one of the core functions of the federal government along with national defense and a few others.
The Supremacy Clause of the Constitution provides that any state law that conflicts … Continue Reading

Safersys a valuable resource in trucking litigation

Safersys.org is a web site maintained by the Federal Motor Carrier Safety Administration. Through this site, one may obtain extensive basic information about motor carriers within moments after learning of the potential case. A “Carrier Snapshot” search includes the company’s legal name, address, phone number, USDOT number, numbers of power units and drivers, inspection and … Continue Reading

Rapid response essential after a trucking crash

When a significant motor carrier collision happens, the pattern response is for the truck driver to immediately call the dispatcher, who calls the risk manager even at home in the middle of the night, who in turn calls in a “rapid response team” – a defense lawyer in the state where the crash occurred in … Continue Reading

Commercial trucking crashes are not just big car wrecks

Any lawyer who assumes that a large commercial truck crash is just a bigger car
wreck is dangerously naive. Investigation, discovery, technology and law involved in the
crashes of large commercial trucks are substantially different from other motor vehicle
accident cases.
Counsel must be familiar with a national body of trucking law based primarily on the Federal Motor Carrier … Continue Reading

Elected to national board of Interstate Trucking Litigation Group

As a trucking safety attorney in Atlanta, Georgia, I have found it is extremely important to network with other attorneys doing the same kind of work throughout the United States.
At the American Association for Justice convention in San Francisco last Saturday, I spoke at the Interstate Trucking Litigation Group seminar on Saturday and had dinner with … Continue Reading

Fatal road crashes decline in Georgia

Fatal crashes decline with economy, increased fuel prices, improved safety features.
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Court awards attorneys fees of $1.4 million where client got $183,000

$1.4 million for lawyer whose client got $183,000????
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Driver killed striking rear of parked semi on road shoulder at night

Federal trucking rule requires driver of commercial truck stopped on shoulder of road to activate hazard flashers and place reflective warning triangles within 10 minutes.
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Tractor trailer crashes through median barrier, kills man in opposite lanes, on I-69 in Indiana

Federal rule requires “extreme caution” when in operating a commercial truck or bus in “hazardous conditions, such as those caused by snow, ice, … adversely affect visibility or traction.”
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