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 …
MAP-21, the Moving Ahead for Progress in the 21st Century Act (P.L. 112-141), was signed into law by President Obama on July 6, 2012. It is the first long-term highway authorization enacted since 2005. It sets highway safety as a national goal.
The changes brought about by MAP-21 are extensive and impact almost every area …
Recently I was asked whether a truck driver could have unopened beer and alcohol in his truck. I took a look at the safety regulations and determined the driver could not. The regulation states:
§ 392.5 Alcohol prohibition. (a) No driver shall— (3) Be on duty or operate a commercial motor vehicle while the driver possesses …
I post frequently on the danger of impaired drivers, and specifically the dangers from impaired truck drivers. Not much surprises me anymore, this one did:
The Courier-Journal
August 18, 2011
A Mississippi truck driver was arrested Thursday morning after Kentucky State Police found two active methamphetamine labs in …
One of the most common injuries for survivors of a truck accident is a Traumatic Brain Injury (TBI). These are actually traumatic brain damage cases because people don’t get well from these injuries. As a result of handling large numbers of these cases for clients I have developed a sub-specialty in the area of TBI. Recently…
Every so often I need to revise and update my standard spoliation letter (a letter telling the trucking company to save evidence). In part because of changes in the industry, in part because it can always be made better.
In this latest version I fix some typo’s, add in some FMCSR cites, and I added a section about the…
Knight Transportation was sanctioned by the Federal District Court in Texas for the destruction of evidence, called spoliation in legal circles. This happens frequently in trucking cases after accidents, and is major reason why you should hire a lawyer as soon after a wreck as you can find an experienced tractor trailer lawyer (See my…
I frequently see cases that make it clear the lawyers do not understand the term "intrastate" and "interstate" as used in the trucking industry. Probably because the terms are used in everyday conversation, the lawyers fail to check on the whether the load in question is actually inter or intrastate. Also many lawyers handling trucking cases …
Andrew Wolfson wrote an excellent article for the Louisville, Kentucky Currier-Journal on the dangerous trucking company that was responsible for putting truck on the road that killed eleven people in Kentucky. The company, identified as Hester, Inc. DOT number 1222388, had horrible safety scores, putting it in the bottom percentages of all trucking companies its size in America.
Landra Reid, 69, underwent surgery Friday at a Virginia hospital to stabilize injuries from a broken neck she suffered in the traffic accident. Virginia State Police say Landra and her 49-year-old daughter were traveling northbound on I-95 near Washington Thursday when their minivan was rear-ended by a tractor-trailer loaded with rolls of plastic. The Reid’s…