Articles Posted in Trucking Litigation

A jury in Shelby County, Alabama, has given a $29 million verdict for wrongful death in a crash caused by a dump truck driver who tested positive for methamphetamines. The defendant hauling company the company had failed to test the driver for drugs at any time during his employment and had no records of any…

Courts often have been reluctant to allow claims for punitive damages for what some judges have perceived as mere technical violations of hours of service, log book requirements, and other Federal Motor Carrier Safety Regulations. See, e.g., Pittman v. Clay, 2001 WL 1352914 (E.D.Pa.,2001). However, a recent case illustrates how to lay the foundation for…

The long-haul trucking industry is facing a shortage of 20,000 drivers, according to the American Trucking Associations (ATA). And it will just get worse: By 2014, the industry group predicts, the shortage may increase to 111,000 if trends continue. The trucking industry hauls nearly 70 percent of the freight that is moved in the U.S.…

Liability insurance is required for motor carriers in order to assure independent financial means to pay for injuries to members of the public arising out of trucking operations. Travelers Ins. Co. V. Transport Ins. Co., 787 F.2d 1133, 1139 (7th Cir. 1986). The minimum levels of liability insurance coverage required for interstate motor carriers depend…

The Interstate Commerce Commission Termination Act of 1995 (ICCTA), while reducing the scope of regulation, creates a cause of action for “private enforcement of the Motor Carrier Act in court.” 49 U.S.C. §§ 101 et seq.; 49 U.S.C. § 14704; H. Rep. No. 104-222, at 221-22 (1995), reprinted in 1995-2 U.S.C.C.A.N. 850, 906-07. A private…

A Continental Express truck driver whose negligent driving in July 2004 killed a Nashville, TN, police officer may have been legally disqualified from driving due under the Federal Motor Carrier Safety Regulations due to prior incidents of speeding and reckless driving. See news story. The Shigley Law Firm represents plaintiffs in wrongful death and catastrophic…

4/12/05 – U.S. Senate members heard testimony that if electronic on-board recording devices are not eventually required, stronger deterrents are necessary to deter “egregious” hour-of-service violations. Kenneth Mead, U.S. Transportation Department inspector general, testified April 5 before the Senate Commerce Committee on transportation safety programs. “We have conducted criminal investigations of egregious cases in which…

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…

Sleep apnea is a sleeping disorder which can leave people with excessive tiredness, and lethargy. An Austrailian news report discusses research on sleep apnea as a cause of road crashes. See story. The Shigley Law Firm represents plaintiffs in wrongful death and catastrophic injury cases statewide in Georgia, and in other states subject to the…

Not even Wal-Mart could sell the idea of a 16-hour work day for truck drivers. The sponsor, a congressman whose district includes the home offices of Wal-Mart and J. L. Hunt Transport, withdrew this proposed amendment to the transportation reauthorization bill on 3/10/05. The current HOS rules — which are being reworked by Federal Motor…