Showing 4 posts in Trucking.

Proposed Hours of Service Rules: Balancing Safety and Economy

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The Federal Motor Carrier Safety Administration, citing Congressional and public requests for review of the hours of service regulations, has recently proposed the following changes: More »

Five Words & Phrases Defense Attorneys Should be Mindful of in Trucking Litigation

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Many Americans can name one, two or even more Plaintiff personal injury attorneys in their area. This is no doubt due to the relentless onslaught of billboards, radio, and television ads seducing clients hurt by big bad trucking companies to contact them with promises of a big pay day down the road. Commercial motor vehicle traffic accidents are likewise seen as a payday for Plaintiff attorneys as well. This is because commercial motor vehicle traffic accidents are some of the most difficult cases to defend. When a Plaintiff’s attorney goes to trial against a trucking company, he is not just putting the trucking company named in the complaint on trial, he is putting the whole trucking industry on trial, and it is easy for them to do so due to the misused, misconstrued, and ambiguous language oftentimes associated with the trucking industry. This imprecise usage of language puts attorneys who defend trucking litigation at a clear disadvantage. To achieve equal footing, attorneys who defend commercial trucking clients should identify certain words and phrases that retort a Plaintiff’s theme that improperly places the entire transportation industry on trial. More »

Driver Fatigue: A Leading Cause of Accidents and Death in the Transportation Industry

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Quite often, the news portrays drunk driving as the main culprit of accidents resulting in serious injury, or even death. However, drowsiness and fatigued drivers make up a substantial chunk of injuries resulting from accidents on a yearly basis.

According to a recent review of the serious nature of driver fatigue, anywhere from 100,000 to 328,000 accidents per year are caused by tired drivers. Of those accidents, approximately 6,400 people die annually from an accident caused by a fatigued driver. More »

I Know Where You Were Last Summer: Using More Than Just Facebook to Investigate Pending Claims

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In other articles, we have discussed the importance of obtaining social media data in pre-suit investigations and how to conduct social media discovery in pending litigation. As we discussed there, photographs, video and the like information can all be used for evidentiary purposes to demonstrate state of mind, the existence of mental or cognitive disabilities (or the lack thereof) and the level of activity enjoyed by a litigant.  In those articles, we have focused primarily on recovering such evidence from Facebook since it is one of the most prevalently used social media platforms and permits users to download (at least arguably) the most helpful data. However, Facebook is not the only source of social media data and any thorough investigation should also involve identifying and requesting photographs, video, status updates or comments from other social media platforms. More »

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