Trucking Litigation

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Ken Shigley earns third national board certification – in Truck Accident Law

Ken Shigley of Shigley Law LLC, based in Atlanta, Georgia, recently earned his third national board certification, in Truck Accident Law, from the National Board of Trial Advocacy. Certification is based upon exhaustive testing, documentation of extensive experience in the field of trucking accident litigation, writing samples, and professional recommendations from lawyers and attorneys familiar … Continue Reading

Why it is important to immediately hire a real trucking trial attorney after a catastrophic truck crash

When a family member is killed or seriously injured in a crash with a tractor trailer, a normal human instinct is to wait a decent interval before consulting an attorney. Then one may be inclined to take one’s time talking with a hometown lawyer who handles an occasional car wreck case along with divorces, criminal … Continue Reading

Why it is important to immediately associate a trucking litigation specialist when you are called about a catastrophic truck crash

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 … Continue Reading

Death by decapitation when big trucks park on the roadside

Rear underride crash test
Death by decapitation due to trailer underride  can  result when tractor trailers park on the roadside.
The kneejerk response of most people seeing pictures of these incidents is to simply blame the dead person. But it’s not that simple. When an innocent passenger is killed or maimed, some portion of fault is normally apportioned … Continue Reading

When may a jury award damages for a decedent’s pain and suffering before death?

In handling Georgia wrongful death cases in which the victim had very little conscious survival time, we often have to address the question whether to make a claim for pain and suffering before death.
In Georgia, wrongful death cases may include two separate claims.
First is the wrongful death claim for “full value of the life” which … Continue Reading

What is the law in Georgia on negligent entrustment of a commercial motor vehicle?

In catastrophic truck crashes that kill or catastrophically injury innocent people, the root cause of the tragedy is often not the momentary carelessness of a truck driver. Rather, the root cause is very often the systemic mismanagement by a company that puts behind the wheel of an 80,000 bomb a person who never should have … Continue Reading

What is the law in Georgia on negligent hiring and retention of a truck driver?

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 … Continue Reading

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 … Continue Reading

Outgoing text messages admissible in evidence

 
The Georgia Supreme Court ruled on 11/7/2016 that outgoing text messages found in a cell phone are admissible in evidence as admissions of the person who sent them. However, incoming text messages are inadmissible hearsay, though their admission in evidence was “harmless” under the circumstances of the case. Glispie v. State, decided November 7, 2016.
This … Continue Reading

Tractor trailer merging from shoulder in darkness kills motorist on I-95

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 … Continue Reading