motor carrier

Subscribe to motor carrier via RSS

You are a great lawyer in your area of practice. You are also smart enough to know when a big case may require prompt action outside your comfort zone.

Just as a trial lawyer may not feel comfortable handling a complex real estate, divorce or estate planning matter, a great lawyer in those fields may not want to risk a client’s rights by trying to figure out how to handle a catastrophic truck crash case.

When you get a call from a friend or client that a family member has been killed or seriously injured in a crash with a…

An approaching driver’s view of a tractor trailer pulling from breakdown lane into traffic in the dark

A tractor-trailer pulled from the highway shoulder in front of an approaching SUV on I-95 in Jasper County, SC, just north of Savannah, about 9:30 PM Wednesday night, August 8, 2018. The impact killed Raymond Jackson, Jr., driver of the approaching vehicle, a 1999 Ford Expedition. This happened about 3 miles north of the Georgia-South Carolina line, between the Savannah River and Hardeeville.

Initial news reports  of this crash involving vehicles emerging from Georgia do not identify…

Much of our Atlanta-based litigation law practice is based upon referrals from other attorneys around Georgia and North America for catastrophic injury and wrongful death cases in Georgia. Most of these are not simple, slam-dunk cases. Often we have to contend with a rat’s nest of convoluted, multi-layered liability defenses. Among those is often the “independent contractor” defense. The company that is the prime mover in an activity may cloak itself behind an “independent contractor” shell game, capturing most of the profits while trying to outsource all the risks of harm to others.

Here is a paper I presented on…

Independent contractor shell game

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 is not liable for the negligence of an independent contractor, but there are many exceptions.  While not comprehensive, this paper seeks to outline major theories for overcoming the independent contractor defense.

  1. Interstate Motor Carriers.

Prior to 1956, interstate motor…

Undercover investigators for the Government Accountint Office have found that it is surprisingly easy to cheat on random drug tests designed to catch truck drivers who use drugs.  Using bogus truck driver’s licenses to gain access to 24 drug-testing sites, the investigators  found that 75 percent “failed to restrict access to  items that could be used to adulterate or dilute the [urine] specimen, meaning that running water, soap, or air freshener was available in the bathroom during the test.”
While the FMCSA estimates that fewer than 2 percent of truck drivers test positive each year for controlled substances,  when Oregon conducted its own tests, 9 percent of truck drivers tested positive.
Dozens of products on the Web are marketed to truckers as fail-safe ways to defeat the mandatory drug tests. The GAO team  bought drug-masking products over the Web and was able to mix them with real specimens at the drug-testing sites “without being caught by site collectors,” the agency said in a report scheduled to be made public Thursday.
(Thanks to alert reader David Warren in Florida for calling my attention to this article.)