I have a client that was hit by a Swift Transportation Truck in mid-May 2009. Some weeks later, after my client left the hospital, I was hired. I sent a spoliation letter to Swift on June 5, 2009 by fax, mail, and certified mail alerting them to the fact my client was injured and they
Injury
AAJ’S 2008 NATIONAL TRUCKING SEMINAR
I just returned from the American Association for Justice’s 2008 Trucking Litigation Seminar where, with hundred’s of lawyers from around the country, we gathered together to talk about the complicated world of tractor trailer litigation. The program was designed to teach lawyers new to the area of trucking litigation how to handle cases and to…
Preventing Tractor Trailer Rollovers
Training remains the number one way to prevent truck rollovers according to government and industry officials. A 2007 report by Battelle Memorial Institute for the FMCSA found “75% [of rollovers] are attributed to driver error.” The primary cause was running off the road, caused by driver fatigue or inattentiveness.”
Trucking companies could reduce rollovers by…
Responsibility for Truck Rollovers
In a Tractor Trailer rollovers, who is to blame is frequently a major issue. Federal regulations generally require the driver to bear responsibility for the loading, and faulty loading, of the trailer. However an exception is made for loads that are sealed. www.fmcsa.dot.gov/rules-regulations/administration/fmcsr/fmcsrruletext.asp Who then is responsible? Generally speaking it is the company that loaded and…