Who’s at Fault in a “Chain Reaction” Crash?
You’ve heard of a chain reaction. In science, it’s a chemical reaction in which the products themselves promote or spread the reaction, which under certain conditions may accelerate dramatically. Or it’s a series of events, each caused by the previous one. It’s that second definition that occurs frequently on Atlanta roadways. Recently, a Georgia National… read moreRead More
Do the Federal Motor Carrier Rules Apply to Shippers Who Hire Independent Contractors?
Do the Federal Motor Carrier Rules Apply to Shippers Who Hire Independent Contractors? That was the question in a recent Georgia court case. In 2015, Christopher Hinson was driving a Southern Oil tanker truck when he collided with a car traveling at 79 mph. Three people in the car were killed. Hinson was an employee… read moreRead More
Truck Spills Manure and Closes Lanes by I-75 On-Ramp in Macon
“S—t” happens. It’s a vulgar saying and you’ve undoubtedly heard that saying before, and when a semi or large commercial truck loses its load, accidents can happen. Recently, an accident on I-16 westbound at US 129/Georgia 11 involved a large manure spill that blocked all lanes. Thankfully, no one was hurt. A large amount of… read moreRead More
Does Georgia Permit Direct Actions Against a Trucking Company’s Insurance Carrier?
Does Georgia Permit Direct Actions Against a Trucking Company’s Insurance Carrier? This was the question in a recent appeal, and the answer is “it depends.” The Georgia Court of Appeals was asked whether Georgia law authorizes the direct actions of a car driver and her passenger against the insurer of an interstate motor carrier. One… read moreRead More
Can I Recover Punitive Damages in an 18-Wheeler Accident?
Can I Recover Punitive Damages in 18-Wheeler Accident? The answer depends on the actions of the trucking company and its driver, and a recent case provides an explanation. In a case arising from a 2016 accident involving an accident victim (Plaintiff) who was driving a car and Yevgeny Garkusha who was driving a semi for… read moreRead More
“Act of God” No Defense in Truck Killing Pedestrian Case
A Georgia jury took 40 minutes to decide that an insurance company was responsible in a fatal truck-pedestrian personal injury lawsuit and awarded the victim’s family $21 million. The insurance company argued that the crash was an Act of God, and therefore, they weren’t legal (or financially) responsible. But U.S. District Court Judge Richard W…. read moreRead More
Are Federal Motor Safety Regulations Enough to Keep Our Roadways Safe
FMCSA regulations and the increase in accidents caused by commercial vehicles The Federal Motor Carrier Safety Administration is in charge of establishing the rules and regulations that govern the trucking and busing industries. They have taken criticism for not doing enough to ensure carriers implement stringent risk mitigation practices to reduce the number of accidents… read moreRead More