Articles Posted in Trucking regulations

While my perspective is that of a trial lawyer handling truck and bus accident injury cases in Atlanta, Georgia, it is necessary to keep up with developments nationally. Therefore, I am following how trucking safety issues are on the agenda for the new administration in Washington. Last Monday, the transportation transition team met with representatives…

The Federal Motor Carrier Safety Administration’s Motor Carrier Safety Advisory Committee (MCSAC) announced on November 26th, the day before the Thanksgiving holiday, that it will hold committee meetings on Dec. 1, the day after the holiday weekend, and Dec. 10. The announcement did not include any indication of what will be on the agenda. The…

A few days ago, the Federal Motor Carrier Safety Administration published a final rule adopting the provisions of its 2007 interim final rule, increasing the maximum driving time from 10 to 11 hours per day, out of 14 hours on duty. According to a report by Jill Dunn on e-Trucker.com, the FMCSA and American Trucking…

Today’s issue of the Atlanta Journal-Constitution includes an article by Steve Owings, who founded Road Safe America after his son was killed by a speeding tractor trailer on cruise control six years ago. Having met Steve and learned of his motivation to make the roads safer for everyone, I’m just going to copy his article…

A tractor trailer driver going too fast to see his way through dense fog Monday morning in Fresno, California killed a young woman on her way to work. According to a report by Jim Steinberg and Vanessa Colón of The Fresno Bee, a big-rig drive Martin Nelson, 22, of Fresno, failed to see stopped traffic…

In my trucking litigation law practice, I all too often see fatal truck accidents that happen in bad weather Despite a federal safety regulation requiring “extreme caution” in hazardous weather, and instructions in the Commercial Drivers License Manual to slow down by at least one-third, truckers under economic pressure from employers, shippers, and sometimes their…

As an Atlanta trial lawyer handling trucking accident cases throughout Georgia, and occasionally in neighboring states, I watch doings at the Federal Motor Carrier Safety Administration (FMCSA) with considerable interest. The news about FMCSA coming out of Washington this week was pretty scathing. The Senate Appropriations Committee’s Transportation, Housing and Urban Development report on the…

As a trucking accident trial lawyer, I occasionally see trucking companies try to evade responsibility for their driver. Generally, that is covered adequately by 49 C.F.R. § 390.5 which in the interstate trucking context defines “employee” to include “an independent contractor while in the course of operating a commercial motor vehicle.” But when a really…

Trucking accident trials often revolve around Federal Motor Carrier Safety Regulations and evidence of how they were violated. Some of the regulations often referred to in cases where tired truckers wreck include the following: 49 C.F.R. § 392.3, Driver Impairment. No driver shall operate a commercial motor vehicle, and a motor carrier shall not require…

As Georgia attorney working on trucking accident cases, I often seen why truck drivers’ paper logs are often called “comic books.” In one recent case, for example, a truck driver from Croatia who was trained by some unidentified Russian guy in North Carolina, worked for a trucking company owned by a Bulgarian in Florida, and…