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
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Old Spare Tires Can Also Be Dangerous!
By Morgan Adams on
Posted in Tires
I was speaking to my friend Leigh May in Atlanta, a great products liability lawyer who has handled a number of defective tire cases with major results, and she was kind enough to review my blog on old and defective tires. She made an excellent point that the spare tire is often overlooked when people change…
Brain Injuries are Common Injuries in Truck Wrecks. Does Your Lawyer Have Expertise With Brain Injuries?
By Morgan Adams on
Posted in Legal Issues
One of the injuries that is of greatest concern for those involved in a truck wreck is a brain injury. While severe brain injuries are easy to identify, mild traumatic brain injuries are not. Explaining the way the brain was injured, and proving to a jury the long term impact of having a brain injury when…
Preventing Tractor Trailer Rollovers
By Morgan Adams on
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
By Morgan Adams on
Posted in Rollover Accidents
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…