NOTE TO TRUCK DRIVERS: Our law practice focuses on representation of people who are seriously injured, and families of those killed, in crashes with large commercial vehicles. While those are often truck drivers, we do not handle truckers’ employment law matters. For legal advice on issues with your employer, see…
Articles Posted in Trucking regulations
Attorney fee award under § 13-6-11 is question of fact, not merely question of law
In trucking accident personal injury litigation in Georgia, plaintiffs often assert a claim for attorney fees and expenses of litigation including attorney fees under O.C.G.A. § 13-6-11, which was enacted as part of the Code of 1863. A decision this week by the Georgia Court of Appeals relied on existing…
Truck wrecks – what is a commercial motor vehicle subject to truck and bus safety rules?
Large truck operations are governed by the Federal Motor Carrier Safety Regulations and largely identical state trucking safety rules. Sometimes people are surprised that these safety rules no not apply to tractor trailers only. Under 49 CFR 390.5, a commercial motor vehicle is defined to include any self-propelled or towed…
Uncertain progress toward electronic trucking logs
Truck driver fatigue is one of the most common cause of catastrophic trucking crashes that I see in my law practice. Many times we have combed through the paper logs maintained by truck drivers, sometimes referred to as “comic books,” and meticulously compared them to other records generated in the…
Truck crash in heavy rain may show failure to exercise “extreme caution” as required by trucking safety rules
“Sunday storms blamed for I-85 semi collision,” shouted a headline in the Atlanta Journal-Constitution last Monday. The accompanying article stated that heavy rain …could be to blame for a tractor-trailer crash near Spaghetti Junction. Driving rain may have caused two tractor-trailers heading north on Interstate 85 to crash and overturn…
FMCSA bar use of hand held cell phones by commercial truck drivers
For years we have explored cell phone distraction as a factor in the cause of motor vehicle accidents, including commercial trucking accidents. Discovery of cell phone records has become routine in litigation. We have read all the studies, deposed the experts and argued about the legal ramifications. I won’t rehash…
Truck driving hours trimmed just a little
Truck driver fatigue is a chronic issue in the causation of commercial truck accidents. Now the Federal Motor Carrier Safety Administration has tweaked the rule yet again, but only at the outer margins of the hours of service rules. Effective February 27, 2012, the FMCSA revises the hours of service…
8.7% increase in trucking fatalities
Fatalities in large truck accidents increased 8.7% in 2010, according to a report released last week by the National Highway Transportation Safety Administration. NHTSA said in its annual report that 3,675 people died in trucking related accidents in 2010, an increase of 295 over the 3,380 fatalities in 2009. The…
Illinois law upgrades GPS information on safe truck routes
New ideas for trucking safety don’t pop up very often. Thanks to fellow trucking safety trial lawyer Michael Leizerman in Ohio for bringing this one to my attention. Earlier this month, Illinois enacted a law to improve the GPS data available to truck drivers. The goal is to provide better…
Truck-only lanes cut from metro Atlanta transportation plans
Plans for truck-only lanes on metro Atlanta expressways are among the aspirations cut from the Atlanta Regional Commission’s transportation long-range plans released this week. The ailing economy and strapped government budgets led the ARC to ax or defer beyond my likely lifetime: – optional toll lanes alongside I-75 and I-575…