Underride Guard Defects and Fatality Litigation in Truck Cases
When a passenger vehicle slides under a commercial trailer in a rear collision, the federal underride guard standard is often what determin…
Category
Truck & Motorcycle
FMCSR, hours-of-service, lane-share law
Owner-Operator Leases and the Statutory Employee Rule in Truck Cases
When an owner-operator is driving under a lease to a motor carrier, the federal statutory employee doctrine may make the carrier vicariousl…
Negligent Entrustment: The Trucking Claim the Defense Wants Severed
In admission-rule states, a carrier's stipulation to vicarious liability can gut your direct-negligence theories. Negligent entrustment oft…
The Bobtail and Non-Trucking-Use Coverage Gap in Leased-Carrier Crashes
When an owner-operator crashes without a trailer or between loads, the fight over whether he was in the carrier's business decides which po…
The Cargo-Securement Rules Behind the Load-Shift Truck Case
When freight breaks loose, the FMCSA securement rules already supply the standard. Here is how to run the working-load-limit math, sort shi…
The Post-Accident Test the Carrier Was Required to Run
When a motor carrier skips the drug and alcohol test the FMCSA mandates after a serious crash, that gap is evidence. Here is how to build t…
The Maintenance File Wins the Negligent-Maintenance Truck Case
FMCSA Part 396 forces carriers to keep a maintenance paper trail. That file, DVIRs, annual inspections, and vendor invoices, is where negli…
The Left-Turn Motorcycle Case and the Conspicuity Defense
The left-turn collision kills more riders than any other configuration, and it is the case defense counsel most enjoys. How to keep the dri…
The MCS-90 Endorsement: The Coverage Backstop in Truck Cases
The MCS-90 endorsement is the federal financial-responsibility backstop that pays truck-crash judgments the primary policy tries to escape.…
The Driver Qualification File Is Where Negligent-Hiring Cases Are Won
The FMCSA driver qualification file and the Drug and Alcohol Clearinghouse are where negligent-hiring and retention claims against a carrie…
The Admission Rule and the Fight to Keep Direct-Negligence Claims Alive
A carrier's admission of vicarious liability can quietly erase the negligent-hiring claim that carries the largest awards. Here is how the…
Beating the Helmet and Lane-Splitting Defense in Motorcycle Cases
Defense counsel opens motorcycle cases by blaming the helmet and the lane, not the driver. Both are comparative-fault plays, and both weake…