Often in a catastrophic truck crash, the trucking company admits that the truck driver was negligent and was in the course and scope of employment. That is a smart tactic to attempt to focus all blame on two seconds of driver negligence rather than months or years of corporate conduct including negligent hiring of the driver. They may get by with it because of a Court of Appeals decision that bars claims for the company’s corporate negligence that are “merely duplicative” of respondeat superior agency liability for negligence of an employee. Hospital Authority of Valdosta/Lowndes County v. Fender, 342
What is PTSD (Post Traumatic Stress Disorder) and why does in matter in highway crash cases?
When my father’s generation came home from World War II, many of them carried psychological scars about which they kept quiet. My parents married young, at 21 and 18, the week he returned from combat in 1945. My mother said that dad fought the air war over Europe every night in his sleep for at least a decade. The longer-term ramifications of that played out in many ways throughout his life. As he lay dying over six decades later, he began to tell me for the first time the war experiences that had haunted him most through his life.
Recently,
Tractor trailer merging from shoulder in darkness kills motorist on I-95
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
Overcoming the independent contractor defense
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
Four big rig pileup kills woman on I-285 near Camp Creek Parkway exit
A chain reaction crash involving four big rig tractor trailers on I-285 near Camp Creek Parkway in south Fulton County, GA, killed a woman in a passenger car on June 19, 2018.
According to the Georgia State Patrol, A tractor-trailer was traveling northbound when it struck three other big rigs and the rear of a car, pushing the car underneath another tractor-trailer.
News photos showed that at least one truck’s cab was badly crushed and the roof of the passenger car was caved in.
In addition to the one fatality, five others were taken to Grady Memorial Hospital. It
California trucker killed sideswiping truck parked overnight on shoulder of I-16
A young truck driver from California lost his life on the side of I-16 in Laurens County, Georgia, on March 2nd. This tragedy highlights how truck drivers are in one of the most dangerous occupations.
According to news reports, a 22-year-old California truck driver was killed when he sideswiped a disabled semi in predawn darkness on the shoulder of I-16 in Laurens County, Georgia.
Shortly after 5 a.m., an 18-wheeler loaded with tangelos from Delano, California, sideswiped a disabled tractor-trailer on the right shoulder on I-16. The California citrus truck then went off the right side of
Fatality and burn injury in truck crash on I-95 at Richmond Hill, Georgia
A fiery crash on I-95 at Richmond Hill near Savannah in Chatham County on July 26th caused the wrongful death of a woman and sent her husband to a specialized burn unit in Augusta. It appears all too typical of other truck accident cases we have handled throughout Georgia, including those in the Savannah area and along I-95 and I-16.
According to news reports, as a southbound tractor trailer approached the exit the driver moved from the center lane to the right lane. Approaching a line of cars slowed in traffic, the truck driver then tried to get
TV law firm “settlement mills” blasted in legal ethics journal
Lawyers and paralegals who had previously worked at personal injury firms that advertise heavily on television, billboards and bus placards have told me many tales about the business model of those firms.
They have told me how lawyers may be responsible for 600 cases at a time, with 100 or more in litigation.
They have told me how young lawyers in some of those firms are paid only for work on cases they settle before suit, so they have an extreme vested interest in taking whatever an insurance adjuster is willing to offer at that early stage, selling the client’s
A year of bright ideas in advocacy
No matter how many years a lawyer has practiced, there is no end to the need for exposure to bright new ideas from the best lawyers around the United States.
Over the past year, I had the opportunity to serve as chair of the Motor Vehicle Collision, Highway and Premises Liability Section of the American Association for Justice (AAJ). The largest section of AAJ, it encompasses the work of most “meat and potatoes” personal injury and wrongful death lawyers in America.
The section includes over 2,500 trial lawyers in all 50 states and specialized litigation groups on trucking litigation, bus
10 Social Media Instructions for Injured People
Most of us today carry cell phones in our pockets with more processing power than the computers aboard the Apollo moon missions. Frequent news reports illustrate the dangers of thoughtless use of smartphones and social media. It has ensnared politicians and celebrities, sometimes crashing promising careers. This technology has created similar hazards for both plaintiffs and defendants in litigation who are careless about online social media privacy. While we are quick to look for the other side’s vulnerabilities, we must also play defense in protecting our clients from their own electronic blunders.
Many people today, especially younger ones, think