Morgan Adams is Board Certified as a Tractor Trailer Litigation Specialist* by AITLA

Morgan Adams was board certified as a tractor trailer specialist* by the Association of Interstate Trucking Lawyers of America on Friday, October 24, 2008. The exam, administered by a judge, consisted of essay, multiple choice and other relevant questions on commercial motor vehicle litigation. The comprehensive test covered the commercial drivers license manual, the federal motor carrier safety regulations, other regulations involving commercial vehicles as well as legal issues unique to tractor trailer and other commercial vehicles. There are only a handful of lawyers certified as tractor trailer/bus/commercial motor vehicle specialists* in the nation.

 

*Certification as Tractor Trailer Litigation Specialist is not currently recognized by the state of Tennessee and has not been approved by the Tennessee Commission on Continuing Legal Education and Specialization

Bus Crash in California Leaves Ten Dead and Colusa Casino Possibly Liable Under Both Broker Liability and Negligent Hiring Theories

 

This is the type of matter my firm handles on a nationwide basis. I hope the families read my posts on how to hire a qualified lawyer for this type of case. It is clear they will need legal help, and someone with experience.

 

This bus crash, and the fatalities, should never have happened. First there were apparently no seat belts on the bus, a subject I have posted on extensively. Failure to have a seat belt means that passengers will be ejected from the bus, most likely resulting in a fatality. Secondly, the bus had false DOT numbers and other problems that clearly made it a danger. Given the DOT numbers were false we know a few things:

First we know that there is probably no insurance.

Second we know that the Casino is responsible for the wreck under a theory of negligent hiring and/or broker liability. The leading case in this area is Schramm v. Foster, 341 F.Supp.2d 536 (D.Md. 2004) Essentially those that hire folks to drive have a duty to check them out and make sure they can drive safely. Had the casino or broker checked out this bus company it is clear they would have found the sham and never hired this bus and driver. The Casino failed to do so, hired an unsafe, unregistered, and unknown driver because they were cheap. 10 people paid with their lives.

GOOD TRUCKING LAWYERS LEARN FROM THE BEST

From time to time I have posted on the necessity of learning from the best and the importance of continuing legal education. A few weeks ago I was lucky enough to have been able to attend a Gerry Spence Trial Lawyers College in Wyoming. Gerry is a master of the profession and he celebrates his 80th birthday shortly. Those that have attended his seminars can honestly say they learned from the best and I am pleased to be counted in their number.

Fatigue Apparently Kills Seven Prison Guards In Alabama

An October 2008 has killed seven in Alabama, a tragedy that appears to have been preventable. The truck driver, who was in charge of the approximately 80,000 pound tractor trailer,  crossed the center line to strike a van of prison guard applicants. Seven were killed. So what can cause a tractor trailer to cross a center line and never break before hitting another vehicle? Fatigue. I have posted on this topic repeatedly. Trucking companies run their driver too hard, for money, and then mouth the words "I am sorry" as if all can be forgiven. The final verdict is not in, and certainly it could have been drugs, improper use of a cell phone, or some other offense that caused this wreck, but if you want my 2 cents it was a fatigued driver.  The evidence form the investigators to date shows the following: 

At the scene, Trooper John A. Reese described the investigation as ongoing. He agreed, however, that investigators probably will focus on the lack of skid marks from the truck, which apparently crossed the center line before striking the van. He identified the truck driver as Andrew David Carter, 31, of Tifton, Ga., who was taken to Baptist Medical Center South where he was treated and released.

For more, to include video, see:www.montgomeryadvertiser.com/apps/pbcs.dll/article

My prayers are with the families during this difficult time.

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Con-way Freight's David May is 2008 ATA National Driver of the Year

 

 

The American Trucking Association has named David May the American Trucking Associations 2008 National Truck Driver of the Year. The announcement came this weekend at the ATA Safety and Loss Prevention Management Council's Fall Conference in Nashville, Tenn. I should point out that while Mr. May has driven 1.4 million accident free miles, there are many professional defensive drivers that have driven over 3 million accident free miles. When true truck driving professionals are behind the wheel, accidents simply don't happen.

The announcement from ATA went on to say: 

 

May has driven over 1.4 million accident-free miles in his 27 years on the road. He competed for the national title, considered the highest honor a professional truck driver can receive, against professionals nominated from the 50 state trucking associations.

 

“David May embodies the professional who delivers America’s goods safely and efficiently everyday,” said ATA President and CEO Bill Graves. “In addition, he goes above and beyond, working to educate the public about the necessity of the trucking industry and the importance of safety. We are proud to have David represent us on the road.”

 

Among May’s many accomplishments, he was selected as an America’s Road Team Captain in 2005, where he was asked to share his impressive driving experience with the public and his colleagues to improve highway safety. As an extension of this role, he has talked to groups as diverse as school children and legislators. In 2007, May was requested to serve as the driver representative on the CDL Advisory Committee in Washington, D.C. to help shape the FMCSA’s policy for commercial driver requirements. He was invited to the 2007 National Conference of State Legislatures Legislative Summit to share his first-hand knowledge as a professional truck driver with state representatives. Additionally, May spends a few days each month talking to the motoring public on how to stay safe around tractor-trailers and what they can do to be better drivers on our nation’s highways.

 

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