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Atlanta Injury Law Blog

Truck Accident Records Destruction and Duty to Preserve Evidence
Johnson & Ward Team

As a Georgia attorney litigating hard-fought trucking accident cases, I often get into cases after the trucking company claims to have discarded driver logs and other records that they are only required to routinely keep for six months. Then when we try to get driver logs, trip receipts, inspection and maintenance records, etc., in discovery,…

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Trucking Accident Victims Protected by Mcs-90 Endorsement on Truckers’ Insurance Polcies
Johnson & Ward Team

As a lawyer handling both sides of injury and death cases for decades, I can’t count the times I have searched for sufficient insurance coverage to cover a client’s loss. In trucking, there is at least an endorsement on the trucking company’s insurance policy that protects the public, even though the insurer may have a…

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Truck Driver Logs May Be Electronic … “in the Year 2525, If Man Is Still Alive”
Johnson & Ward Team

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…

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Truckers in Bad Weather Must Exercise “Extreme Caution”
Johnson & Ward Team

As a Georgia attorney handling trucking accident cases, I often see cases where crashes occurred in bad weather. While most state laws define the standard of negligence liability as “ordinary care,” when a motor carrier driver is driving in adverse weather, an “extreme caution” standard under 49 C.F.R. § 392.14 should preempt any lower standard…

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Truck Accident Facts May Support Punitive Damages Claims
Johnson & Ward Team

For attorneys representing plaintiffs in trucking accident cases in Georgia, the claim for punitive damages is an important but not always crucial part of the case. Punitive damages under Georgia law are designed to “penalize, punish or deter” conduct that shows “willful misconduct, malice, fraud, wantonness, oppression, or that entire want of care which would…

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In Trucking Accidents, Consider a Claim Against a Freight Broker or Logistics Company
Johnson & Ward Team

As a Georgia trucking attorney, I sometimes see motor carriers create a shell game in which they claim after a tragic accident happens, to have been acting as a broker or logistics company, rather than as a motor carrier. Of course, when you dig into their marketing materials, they usually represented to shipping customers they…

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Truckers Warned of Safety Risks of Anti-Smoking Drug Chantix
Johnson & Ward Team

As a trucking accident trial attorney in Georgia, I’ve become acutely aware of how often a truck driver’s medical condition and even perfectly legal prescription medications can impact safety. Recently the Federal Motor Carrier Safety Administration issued a warning on the anti-smoking drug Chantix, advising medical examiners “to not qualify anyone currently using this medication…

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Trucking Accidents May Be Documented by Drivecam — If They Save the Video
Johnson & Ward Team

As a trucking accident trial lawyer in Georgia, frequently lecturing at trucking litigation seminars around the country, I try to keep up with the latest in trucking safety technology. One recent development is DriveCam, about which my friend Morgan Adams in Tennessee recently wrote on his blog. DriveCam utilizes a camera mounted in a truck…

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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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