Truck Injury Lawyer Blog

Truck Injury Lawyer Blog

Pubished By Law Offices of Morgan Adams

Public Safety Decreased as Congress Succumbs to Trucking Lobby

Posted in Legal, Safety

As of December 4, 2015, pursuant to the FAST Act of 2015, much of the information previously available on the Federal Motor Carrier Safety Administration’s (FMCSA) website related to a trucking company’s safety performance will no longer be displayed publicly. This will prevent easy access to the public and to others who want to know about a company’s safety rating.

This also applies to information provided to the public through the QCMobile app.

FMCSA is working to return the website and app to operation as quickly as possible, but that will be “never” if the trucking company lobby has its way.

Now, instead of simply looking for what has been free, public safety information, you will have to pay for the records to find out how safe a trucking company is and wade through the labyrinth of regulations to do a formal request for information to the government.

The government protected the trucking companies, not the people on this one. Looks like yet another reason to hire a lawyer for your truck accident case but in this instance you shouldn’t have to.

Morgan Adams Selected as 2015 MidSouth SuperLawyer for Truck Accident Litigation

Posted in Uncategorized

I am pleased to announce that I have once again been selected to the 2015 MidSouth Super Lawyers list. This is an exclusive list, recognizing no more than five percent of attorneys in Tennessee, Arkansas, and Mississippi.

Super Lawyers, part of Thomson Reuters, is a research-driven, peer influenced rating service of outstanding lawyers who have attained a high degree of peer recognition and professional achievement. Attorneys are selected from more than 70 practice areas and all firm sizes. The process compares all lawyers against one another. It doesn’t matter if you are in a small firm or a big firm, a small town or a big city,  what matters is your results. Every lawyer is compared against the others in three states, on a level paying field of objective criteria, to chose the best of the best. This process is accomplished by Thomson Reuters using a patented multiphase process that includes:

• Peer nominations

• Independent research by Super Lawyers

• Evaluations from a highly credentialed panel of attorneys

The objective of Super Lawyers is to create a credible, comprehensive and diverse listing of exceptional attorneys to be used as a resource for both referring attorneys and consumers seeking legal counsel. The Super Lawyers lists are published nationwide in Super Lawyers Magazines and in leading city and regional magazines and newspapers across the country.

Morgan Adams Selected Top 100 Tennessee SuperLawyer

Posted in Hiring A Truck Accident Lawyer

I have been staying on the road for my clients and have not had a lot of time to write. However that hard work has been paying off, both for my clients and professionally. While confidentiality clauses and common sense prevent me from talking about my clients’ recoveries,  I am pleased to announce I was just selected as a Top 100 Tennessee SuperLawyer for 2014.

SuperLawyers is a rating service of outstanding lawyers from more than 70 practice areas who have attained a high-degree of peer recognition and professional achievement. The selection process includes independent research, peer nominations and peer evaluations.  

The Top 100 is a listing of the Tennessee lawyers who "ranked top of the list in the . . . nomination, research and blue ribbon review process." I was one of two lawyer in Chattanooga to be selected as a Top 100 SuperLawyer.  

I have also been Board Certified as a Civil Trial Advocate by the National Board of Trial Advocacy. 

I have been in Florida, Texas, Wisconsin, Delaware, Alabama, and Georgia for clients. I have also given seminars in Nevada, Illinois, and Florida on various truck accident topics. 

I have promised to slow down for the holidays.

My best to all the Veterans. Semper Fidelis.



CDL Drivers Must Now Use a Certified Medical Examiner for Medical Card

Posted in Driver Problems

DOT Reminds Commercial Drivers that Physicals Must Now Be Performed by Certified Medical Examiners

 National Registry Will Improve Safety for Travelers, Health of Commercial Drivers

 WASHINGTON – The U.S. Department of Transportation’s Federal Motor Carrier Safety Administration (FMCSA) is reminding interstate truck and bus drivers that beginning today, all new USDOT physicals must be performed by a qualified health professional listed on the National Registry of Certified Medical Examiners.

“Safety is our highest priority and it is vital that every commercial truck and bus driver be qualified, alert, and focused when they are behind the wheel,” said Secretary Anthony Foxx.  “Medical examiners equipped with a thorough understanding of DOT fitness standards will be able to ensure that commercial drivers meet the health requirements necessary to operate on our highways and roads, thereby strengthening safety for every traveler.”

The new program, which was required by federal law and addresses four National Transportation Safety Board recommendations, sets baseline training and testing standards for medical professionals who perform commercial driver physicals and for tracking of driver medical certificates. 

Today, approximately 22,000 medical professionals have completed the coursework and testing and are listed on the National Registry and another 27,000 have begun the certification process.  Current medical certificates held by commercial driver’s license (CDL) holders will continue to be valid until the expiration date that is shown on the card.  Only then will the driver need to seek a certified medical examiner to perform their new examination.

“We have certified thousands of health professionals to conduct driver exams – with more being added every day,” said Federal Motor Carrier Safety Administrator Anne S. Ferro. “The online database is easily searchable so drivers can schedule their medical certification exam with a qualified healthcare professional wherever they might be – coast to coast, including Hawaii and Alaska.”

A USDOT medical exam looks at a range of conditions to assess a driver’s ability to safely operate a commercial vehicle, including cardiovascular disease, respiratory and muscular functions, vision, and hearing.

All interstate commercial truck and bus drivers must pass a USDOT medical examination at least every two years in order to obtain a valid medical certificate, maintain their CDL, and legally operate a commercial motor vehicle.

Medical examiners on the National Registry will also be required to maintain and demonstrate competence through periodic training and recertification testing and those that fail to maintain federal standards will be removed.

FMCSA developed the National Registry of Certified Medical Examiners program as part of the agency’s commitment to enhancing the medical oversight of interstate drivers, and preventing commercial vehicle-related crashes, injuries, and fatalities.  To learn more, visit


National Registry of Certified DOT Medical Examiners Goes into Effect May 21, 2014

Posted in Sleep Apnea

In 2012 a final rule was published in the Federal Register requiring DOT medical examiners to be certified, and complete minimum education, on the medical standards required for CMV drivers. The rule goes into effect two years after the Final rule was published, in this case the new rule will go into effect May 21, 2014. It is about time!

I have handled a number of cases where the medical provider clearly didn’t know what they were doing and provided a medical card to an unsafe, unqualified driver. A trucking company could require use of one of these certified examiners now, but in my experience they don’t. Unsafe CMV drivers remain on our roads.

I anticipate LOADS of CMV drivers will be trying to get a 2 year medical card from their "favorite" medical provider on May 20, 2014. Since they wont have to re-certify for two years, don’t expect safer roads until at least May 21, 2016!

You can learn more HERE.

For the dangers of, and prevalence of, sleep apnea see my prior blog HERE

MAP-21 Change: Companies MUST Prevent Bad Truck Drivers from Driving

Posted in Safety

MAP-21 made significant changes in the trucking industry regulatory scheme. One change is that Section 32307 of MAP-21 was amended to prohibit employers from allowing employees to drive when the employer knows or should reasonably know that the the driver is disqualified,or when the employee’s driver’s license was suspended, revoked, or canceled. This final rule, issued October 1, 2013, amends 49 CFR 383.37

Sleep Apnea Trucker’s Bill to President

Posted in Sleep Apnea

Congress, despite a government shutdown, has a sleep apnea bill ready for the President’s signature. While the trucking industry estimates that “the impact of screening, diagnosis, and treatment for obstructive sleep apnea could exceed $1 billion annually.” The industry failed to mention that $1 billion annually is a bargain compared to the death, carnage, and destruction caused by a fatigued truck driver behind the wheel of an 80,000 pound tractor trailer.

The legislation requires the FMCSA to go through a full rule making process which will add years of delay to the implementation of this much needed legislation.

Untreated sleep apnea can lead to fatigued driving and is thus a medically disqualifying condition for truck drivers. FMCSR 391.41(b)(5) see also: FMCSA Medical Advisory HERE 


Spoliation Letter Updated – Version 5

Posted in Spoliation

 Every so often I need to revise and update my standard spoliation letter (a letter telling the trucking company to save evidence that shows who is, and is not, at fault for a wreck). In part because of changes in the trucking industry, in part because it can always be made better.


In this latest update I strengthened some areas and added a request to save documents used in preventability determinations. My thanks to Jen Ojeda, a brilliant Atlanta, GA trucking lawyer,  for the idea which was brought to my attention by Steve Gursten, a superb Michigan tractor trailer lawyer.  For those of you counting, here is version 5!


Do you have a good tractor trailer lawyer? If the lawyer you are considering cant produce a spoliation letter upon demand, even at the initial meeting,  I STRONGLY suggest you consider looking for another lawyer.


If we know the trucking company and driver involved, our firm practice is to send our spoliation letter (often modified for the specific case) out the same day we are hired, or the next day if the mail has run. In some cases our clients are hospitalized – or worse – and we have to wait till the police report is available to identify the trucking company and driver so we know to whom we need to send the letter. Only in rare cases do we find that the spoliation letter shouldn’t be out within the first month of accepting a case.