In trucking accident cases in Georgia, one interesting legal twist is that punitive damages are tried in the second phase of a bifurcated trial, are subject to a “clear and convincing evidence” standard and are generally capped at $250,000. But the same conduct that would support punitive damages can support…
As a trucking accident trial lawyer, I occasionally see trucking companies try to evade responsibility for their driver. Generally, that is covered adequately by 49 C.F.R. § 390.5 which in the interstate trucking context defines “employee” to include “an independent contractor while in the course of operating a commercial motor…
Trucking accident trials often revolve around Federal Motor Carrier Safety Regulations and evidence of how they were violated. Some of the regulations often referred to in cases where tired truckers wreck include the following: 49 C.F.R. § 392.3, Driver Impairment. No driver shall operate a commercial motor vehicle, and a…
As a Georgia attorney litigating hard-fought trucking accident cases, I often get into cases after the trucking company claims to have discarded driver logs and other records that they are only required to routinely keep for six months. Then when we try to get driver logs, trip receipts, inspection and…
As a lawyer handling both sides of injury and death cases for decades, I can’t count the times I have searched for sufficient insurance coverage to cover a client’s loss. In trucking, there is at least an endorsement on the trucking company’s insurance policy that protects the public, even though…
As Georgia attorney working on trucking accident cases, I often seen why truck drivers’ paper logs are often called “comic books.” In one recent case, for example, a truck driver from Croatia who was trained by some unidentified Russian guy in North Carolina, worked for a trucking company owned by…
As a Georgia attorney handling trucking accident cases, I often see cases where crashes occurred in bad weather. While most state laws define the standard of negligence liability as “ordinary care,” when a motor carrier driver is driving in adverse weather, an “extreme caution” standard under 49 C.F.R. § 392.14…
For attorneys representing plaintiffs in trucking accident cases in Georgia, the claim for punitive damages is an important but not always crucial part of the case. Punitive damages under Georgia law are designed to “penalize, punish or deter” conduct that shows “willful misconduct, malice, fraud, wantonness, oppression, or that entire…
As a Georgia trucking attorney, I sometimes see motor carriers create a shell game in which they claim after a tragic accident happens, to have been acting as a broker or logistics company, rather than as a motor carrier. Of course, when you dig into their marketing materials, they usually…
As a trucking accident trial attorney in Georgia, I’ve become acutely aware of how often a truck driver’s medical condition and even perfectly legal prescription medications can impact safety. Recently the Federal Motor Carrier Safety Administration issued a warning on the anti-smoking drug Chantix, advising medical examiners “to not qualify…