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Articles Posted in Trucking litigation

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Victims’ Families Need Time to Grieve, Should Report Ambulance Chasers

The families of the Georgia Southern nursing students killed or injured this week when a tractor trailer ran over them on I-16 bear a huge burden of pain and grief. As a parent, I cannot imagine anything worse than the sudden death of a child who has had you wrapped…

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Ships, Trains, Trucks and Big Boxes — The Complexity of Intermodal Freight

For years, whenever I have visited Savannah, I have loved to sit at the riverfront and watch with fascination the huge ships stream past, with freight containers stacked high like a child’s colorful building blocks, filled with goods shipped to and from distant shores. On Georgia highways – especially I-16,…

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Inflation Adjustment of Interstate Truck and Bus Insurance Moving Forward

Several times recently, I have written about the projected inflation adjustment to minimum liability insurance coverages for interstate commercial vehicles. The process continues. A few days ago, the Federal Motor Carrier Safety Administration issued a 14-page Report to Congress, concluding the following: 1. Current limits are inadequate in covering catastrophic…

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Good truck drivers sound off about rogue trucking companies pushing them to break the law

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…

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Georgia “direct action” law allows suit against insurers in both interstate and intrastate trucking cases

Georgia has long allowed people hurt in wrecks with intrastate trucking companies to sue the trucking company’s insurer directly, either alone or in the same lawsuit with the trucking company and truck driver. But it is necessary to have independent grounds for venue as to both in order to sue…

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What are the duties of a commercial truck driver?

Drivers of commercial tractor trailers, semis and big rigs are responsible for piloting an 80,000 pound rocket down highways shared with you and your family. You may pray that they are well-trained, well-managed, safe and responsible. Most are. Some are not. The duties of a commercial truck driver are spelled…

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What are the qualifications for a tractor trailer driver?

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…

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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…

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Where can the victim of an interstate truck or bus crash file suit?

When there is a catastrophic crash involving an interstate commercial motor vehicle, there can be a broad range of places to consider filing suit. The usual state rules strictly limiting venue options are preempted by the federal Motor Carrier Act which provides: A motor carrier or broker providing transportation ……

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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…

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