Cutting the MedPay and PIP Reimbursement Demand
First-party medical coverage sits at the center of the second fight in every auto file: how much of the settlement the client actually keep…
Categoría
Accidentes de auto
Liability, UM/UIM, MIST defense trends
Apportioning Fault in the Chain-Reaction Collision
In multi-vehicle pile-ups, proving the order of impacts decides who pays and how much. A working guide to sequence evidence, several-liabil…
Freight Broker Liability Peaks at $604M as Auto PI Bar Tracks Key 2026 Shifts
A Dallas County jury returned a $604M verdict against freight broker C.H. Robinson on July 23, 2026, the first major award under the post-M…
The Rear-End Presumption and the Rebuttals That Actually Land
The rear-end presumption is rebuttable, not conclusive. Defense counsel have a settled menu of ways to chip at it, and the data record is w…
Beating the Treatment-Gap Defense in Soft-Tissue Auto Cases
A blank stretch in the treatment timeline is the defense's favorite exhibit. Here is how to document the gap, explain it, and keep it from…
FMCSA Rollbacks and Aurora AV Trucks Reshape Trucking Plaintiff Discovery in 2026
FMCSA Final Rule 2026-12449, effective July 22, 2026, eliminates CDL self-reporting and the in-cab ELD manual, cutting two layers of docume…
Rebutting the Sudden Medical Emergency Defense in Auto Cases
The sudden medical emergency defense can zero out a clean liability case, but it carries a heavy burden. How plaintiffs attack foreseeabili…
Excluding the Defense Biomechanical Expert in Auto Cases
The defense biomechanical engineer almost always reaches past his own competence. How to confine him to physics and keep medical causation…
Adding the Bar: Dram Shop and Social Host Claims in DUI Crashes
In a serious DUI crash, the at-fault driver's policy is often the smallest source of recovery. The establishment or host that over-served t…
Building the Distracted-Driving Evidence Record in Auto Cases
The distracted-driving case is won in the first two weeks. Here is how to preserve the carrier logs, subpoena the timing metadata, and stag…
Freight Broker Negligent-Hiring Liability Opens Nationwide After Montgomery
The Supreme Court's 9-0 ruling in Montgomery v. Caribe Transport II ends FAAAA preemption for freight brokers in state negligent-hiring sui…
Rebutting the Seatbelt Nonuse Defense in Auto Cases
The seatbelt defense is admissible in more courtrooms than plaintiff lawyers assume. Here is how to keep restraint-nonuse evidence away fro…