Trucking Litigation

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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

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 … Continue Reading

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, … Continue Reading

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 … Continue Reading

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 … Continue Reading

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 … Continue Reading

16 Ways to Overcome the Independent Contractor Defense

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 … Continue Reading

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 … Continue Reading

Trucking safety measurement system falls to industry lobbying

“TMI” for “too much information” is a common, joking expression for overdisclosure of personal details in conversation or social media.
Now it appears that trucking companies with bad safety records yelled “TMI!” loudly enough, and spent enough money on “K” Street lobbyists and campaign contributions to impede public access to their safety records.
Five years ago, the … Continue Reading