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Articles Posted in Trucking Accidents

8 Die Due to Bus Driver’s Sleep Apnea and Trucking Company’s Poor Brake Maintenance
Johnson & Ward Team

The Federal Motor Carrier Safety Administration has determined that bus driver fatigue combined with poor brake maintenance by a trucking company tired driver to kill eight on a Texas church bus in 2003. As is commonly the case, the church that owned the bus was never informed that it was required to comply with Federal…

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Sealed Load of Bell Peppers Overturns in Alabama, Beer Cans in Truck Cab
Johnson & Ward Team

Nearly 23,000 pounds of bell peppers en route from El Salvador to Canada spilled Wednesday when a tractor-trailer flipped, forcing authorities to close northbound lanes of Interstate 65 in northern Alabama for 15 hours. Alabama state troopers confiscated beer cans from the scene. See Decatur Daily article and WAFF News story. 49 CFR § 382.201…

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Fatal Crash with Trailer That Got Stuck Across Highway in U-Turn
Johnson & Ward Team

In San Luis Obispo, at 1:49 AM on 3/22/05, a local radio personality was killed when his vehicle struck the side of a tractor-trailer rig that got stuck over an hour earlier in the middle of a U-turn, blocking all lanes. Police were setting out flares, but had not yet set flares on the side…

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Preventing Truck Driver Fatigue & Accidents
Johnson & Ward Team

Research indicates that fatigue can play a major role in accidents, particularly for older drivers and for drivers on the road for 12 hours or more. What causes fatigue? According to Amerisafe workers compensation administrators, normal fatigue can be caused by three categories of stress factors: – Physical environment such as temperature and vibration. –…

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Truck Driver Fatigue, and How the New Rules Do and Don’t Help
Johnson & Ward Team

Each year truck crashes kill over 5,000 people and injure almost 150,000 more on our nation’s roads and highways. Nearly one in four passenger vehicle deaths in multiple-vehicle collisions involve a large truck. In 1998, 98% of the fatalities in two-vehicle crashes involving passenger vehicles and large trucks were occupants of the passenger vehicles. When…

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Trucking Companies Liable for Injury Even to Unauthorized Passengers
Johnson & Ward Team

Federal Motor Carrier Safety Regulations requiring the trucking company to bear financial responsibility to members of the traveling public for operation of trucks under their authority preempt contradictory state laws of agency. A number of these cases involve injuries to “unauthorized” passengers, including truck stop waitresses. Ken Shigley represents plaintiffs in wrongful death and catastrophic…

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“Extreme Caution” Standard of Care in 49 C.f.r. § 392.14 May Preempt Any Lower Standard Under State Laws
Johnson & Ward Team

State tort laws generally define the duty of drivers as ordinary care under an ordinary negligence standard. Occasionally, state laws set a different standard such as requiring proof of “willful or wanton” conduct in order to hold a defendant liable. However, when a motor carrier driver is driving in adverse weather, an “extreme caution” standard…

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Truck Driver Training, Long Hours, Poor Conditions, High Turnover
Johnson & Ward Team

An article in the Denver Post on 3/7/05 describes the inadequacy of truck driver training, pressure to falsify log books and drive far in excess of the legal hours of service, numbing fatigue, monotony, loneliness and fatigue that are all too common in the trucking industry. The Shigley Law Firm represents plaintiffs in wrongful death…

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Client Reviews

Attorney Ken Shigley - did his lawyer thing - and increased my "take home amount" of settlement - the amount after paying core medical & legal fees - by over 3000% (three thousand percent) more than what some other law firms could do. He and courtney (his assistant) were like family! True blessings.

Louise W., Client

My mother was a passenger in a horrible car crash in Georgia when the car in which she was passenger was hit by an ex-convict who had no insurance, and who later died from a cocaine overdose. When I learned of mom's injury, I immediately flew in from California. As I work in Silicon Valley, I...

John P., Client

After my parents were killed in a tractor truck accident on December 2013, he fought hard against the insurance companies to help my brother, sister, and I. He was honest and always available to answer any questions I had. Ken went out of his way to meet with my brother and I while on vacation in...

Joan M., Client

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