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…
Continue reading ›Articles Posted in Trucking Litigation
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…
Continue reading ›Sometimes a tractor trailer driver really is an innocent Good Samaritan. In Reid v. Midwest Transp., Case # A04A1821, decided by the Georgia Court of Appeals on 11/19/04, a tractor trailer driver had pulled entirely off the roadway in an emergency lane on I-20, activated flashing lights, and ran into a ravine to render aid…
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