All too often we see the results of vehicular crashes that occur when one driver attempts a left turn across the oncoming traffic lane without yielding to oncoming vehicles. The Georgia Driver’s License Manual, at page 40, paragraph 4, includes the following instruction: When making a left turn at an intersection, alley or driveway, yield…
Continue reading ›A charter bus carrying members of a baseball team from Bluffton University, a Mennonite college in Ohio, crashed onto I-75 from an overpass at Northside Drive about 5:30 AM Friday morning, killing six people and closing the southbound lanes of the interstate for 5 hours. A witness who was driving alongside the bus said it…
Continue reading ›A leading case on punitive damages regarding systemic failure to manage drivers’ hours in the interstate commercial driver fatigue context is Came v. Micou, 2005 WL 1500978 (M.D.Pa.,2005), in which the plaintiff overcame summary judgment on a claim for punitive damages. Among the several factors considered in determining that the defendants’ conduct constituted “reckless indifference…
Continue reading ›The Federal Motor Carrier Safety 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 or permit a driver to operate a commercial motor vehicle, while the driver’s ability…
Continue reading ›Punitive damages are designed to “penalize, punish or deter” conduct that shows “willful misconduct, malice, fraud, wantonness, oppression, or that entire want of care which would raise the presumption of conscious indifference to consequences.” Such conduct must be proven by “clear and convincing evidence.” Therefore, we pursue a punitive damages claim at trial only…
Continue reading ›Kudos to State Rep. Robert Mumford (R-Conyers) who on Tuesday introduced the Medical Malpractice Insurance Reform Act . The bill wouldrequire the Insurance Commissioner to hold medical malpractice insurers tothe same rate-filing standards that auto and homeowner insurers have to meet. “We need to do everything we can to make sure people are able to…
Continue reading ›The Truck Safety Coalition is hosting its 2007 Sorrow to Strength Conference at Arlington, VA, on March 10-13, 2007. Sorrow to Strength is designed for survivors of truck crashes and families/friends of those who have died or been injured. The conference allows survivors to come together for a weekend of sharing, remembrance, workshops and public…
Continue reading ›Allen Smith, a former truck driver who publishes the TruthAboutTrucking.com blog, has listed the “Top 10 Causes of Truck Accidents” as follows: 1. Prescription Drug Use 26% 2. Traveling Too Fast 23% 3. Unfamiliar with Roadway 22% 4. Over-the-counter Drug Use 18% 5. Inadequate Surveillance 14% 6. Fatigue 13% 7. Illegal Maneuver 9% 8. Exterior…
Continue reading ›New York courts have amended lawyer advertising rules to allow attorneys to tout their “bona fide professional ratings” — another example that New Jersey could be out of step if it adopts a proposed ban on services like “Super Lawyers.” Florida, Arizona and Philadelphia have said Super Lawyers or Best Lawyers ads are ethical. Such…
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