When is Summary Judgment Appropriate in a Georgia Civil Lawsuit?
When is Summary Judgment Appropriate in a Georgia Negligence Action? Summary judgment is a final decision by a judge that resolves a lawsuit. A litigant is entitled to judgment when there’s no dispute about the facts. A motion for summary judgment is designed to eliminate the delay and expense of litigating an issue when there’s… read moreRead More
Which Insurance Policy Must Pay First in a Commercial Vehicle Accident?
Which Insurance Policy Must Pay First in a Commercial Vehicle Accident? Insurance companies don’t like to pay on claims. Why would they? If they can take the premiums, deny the claims, and then keep the money, they’re profitable. Sometimes, if they have to pay the claim, they try and get other carriers to pay before… read moreRead More
If a Court Says a Plaintiff Adequately Alleged a Claim for Negligent Hiring and Retention Against a Trucking Company, Why was Her Case Dismissed?
Negligent Hiring and Retention Against a Truck Company Peter Gauthier was killed after his vehicle collided with a tractor-trailer. Total Quality is a shipment broker who used Hard to Stop (a common carrier) and Ronald Shingles (one of Hard to Stop’s employees) to pick up a load of cargo from a poultry plant in Claxton,… read moreRead More
Is a Truck Company Liable for a Driver’s Injuries from a Faulty Trailer Part?
Is a Truck Company Liable for a Driver’s Injuries from a Faulty Trailer Part? Mark Moorehead sued Ryder Truck Rental for injuries he sustained when a metal rail used to secure cargo inside the trailer came loose from the wall, causing the cargo to fall on him. Background Moorehead worked as a truck driver for… read moreRead More
Can a Non-Party Join an Already Filed Case
Can you join in a lawsuit that is already under way? Not long ago, we discussed an earlier facet of this case, where a Georgia federal district court held that a “shotgun” pleading violates the Federal Rules of Civil Procedure and doesn’t have enough clarity to provide the other side with fair notice of the… read moreRead More
Spoliation: What Happens if a Truck Company Erases a Driver’s Tracking Data After an Accident?
What Happens if a Truck Company Erases a Driver’s Tracking Data After an Accident? “Spoliation” refers to the destruction or failure to preserve evidence that’s necessary to a possible or pending lawsuit. If a court determines that spoliation has occurred, the judge can impose a penalty on that party. After a truck accident, your personal… read moreRead More
Drunk Driving, Truck Accidents, and Intervening Causes
Is a Drunk Driver’s Actions an Intervening Cause? An intervening cause is an event that happens after a party’s improper or dangerous action and before the damage that could otherwise have been caused by the dangerous act. In effect, it “breaks the chain” of causation between the original act and the harm to the injured… read moreRead More
Does a Truck Driver Have a Duty to a Person Who Jumps on His Trailer?
A federal court in Georgia examined whether the non-party truck driver had a duty to a plaintiff who ran after a semi and jumped onto the truck’s ICC bar. What is an ICC Bar? This is the reflector-taped metal bar hanging down on the end of a tractor-trailer. It’s also known as a “Mansfield bar.”… read moreRead More
Was a Truck Driver “Working” When He Abandoned His Truck 80 Miles From His Destination and Caused an Accident?
A man suffered injuries in a multi-vehicle collision that he said resulted from the negligence of a trucking company and its employee, a truck driver who ran on foot into traffic on I-75 North in Henry County—setting off a chain of events that culminated in the collision. The truck driver was employed by the trucking… read moreRead More
A Semi Driver Sues a Trucking Company, But Will He Succeed When He Was Potentially Also at Fault?
A lot of personal injury lawyers in Georgia hold themselves out as “trucking lawyers”. But what separates the trucking lawyers from the self-proclaimed ones is their depth of knowledge and experience in helping truck accident victims. A recent Georgia case arose from a big rig collision that injured a man working as a jockey truck… read moreRead More