Federal Court Finds Violation of FMCSR to be Negligence Per Se
I was retained in a trucking case recently where my clients were injured when a tractor trailer rear ended them. Liability was strongly fought, the trucker's lawyer blaming a wreck 1/2 mile down the road for backing up traffic and even my clients, who were fully stopped. The defendants refused to accept any responsibility for their actions.
The trucker hit my clients because his load shifted. He did not take any steps to secure the load from moving, had told the company before this was dangerous, and was in violation of the FMCSR on cargo securement. We filed a brief requesting the court to find the drivers actions violated the law and the court agreed, granting our motion. The courts memorandum of law is attached: www.truckinjurylawyerblog.com/uploads/file/Neg Per Se on Failing to Secure Load.pdf
This is the first time in TN that the violation of the FMCSR on cargo securement has been found to negligence per se.
Morgan Adams is a trial attorney licensed in Tennessee and Georgia. He is listed as a "2008 Mid-South Super Lawyer" (Limited to the top 5% of the lawyers in Tennessee, Mississippi, and Arkansas), is a member of the Million Dollar Advocates Forum (limited to lawyers who have recovered 1 million dollars or more for their clients), and is the Chair-Elect of the American Association of Justice's Interstate Trucking Litigation Group. He has served as chair of the Tennessee Association of Justice's Trucking Litigation seminars since 2004, and is a frequent speaker at national continuing legal education programs on trucking liability cases.
i was not aware of this hazard until 1 minute ago. it certainly isn't anything i've ever heard ANY of our drivers discussing, nor had i ever considered it. as i sit here now, i'm wondering how i could safely remove ice off the roof of my trailer at 0400 hrs and 13+ feet up. hmmmm...something that needs to be discussed and researched...
thanks.