A recent case will have significant impact on truck accident attorneys and lawyers litigating insurance coverage in trucking cases. In Carolina Casualty v. Yeates, 584 F.3d 868 (10th Cir. 2009) (en banc), the court held that the MCS-90 Endorsement applies as surety coverage when the underlying insurance policy to which it is attached provides no coverage
Truck Accident
Injured by a Swift Transportation Truck? Why it is Critical to Hire an Experienced Lawyer Immediately in All Swift Transportation Cases!
By Morgan Adams on
Posted in Spoliation
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…
Evidence Vanishes, Send a Spoliation Letter
By Morgan Adams on
Posted in Spoliation
Evidence in a trucking case vanishes quickly. There are several computers on-board a tractor trailer these days and all have critical information which helps determine the extent of liability and what happened in a truck wreck. One of the computers is called an event data recorder (EDR). This computer records the speed, time of braking, time…
Driver Factors in Truck Wrecks
By Morgan Adams on
Posted in Driver Problems
The federal government has listed the reasons that truck drivers are involved in collisions. According to the FMCSA 2007 report on the 2005 crash results, the top 10 causes of truck accidents, where the truck driver is a fault, are:
- Failure to keep in proper lane
- Driving too fast for Conditions
- Fatigue
- Failure to yield
…
Bad Drivers on the Road Due to Driver Shortages
By Morgan Adams on
Posted in Driver Problems
The American Trucking Association estimated in 2005 that by 2014 there would be a shortage of 111,000 drivers. This shortage of drivers frequently causes trucking companies to hire drivers that are unqualified rather than having to turn down lucrative trucking contracts.
It is critical in a trucking case to have the Driver’s Qualification File…