Hubert Hamilton’s Comments in Opposition to Proposed Changes in Federal Rules of Civil Procedure

Posted to Regulations. gov on February 26, 2014, in opposition to the proposed changes in the discovery rules: These changes seem designed to tilt the playing in favor of defendants in personal injury cases. The proposed changes appear to ignore the fact that the plaintiff bears the burden of proof, and often starts a case […]

New Mexico’s Smart Roadside Program used to identify problem trucks and truck drivers receives Innovations in American Government Award

From the Santa Fe New Mexican (by GUSSIE FAUNTLEROY), 2/8/14: It was clearly an idea whose time had come. For decades, the state Motor Transportation Police Division relied on the instincts of inspection officers to identify high-risk commercial vehicles on New Mexico’s roads. That meant frequent screening stops, an increasingly difficult task with fewer inspectors and […]

Can a Claim of Negligent Entrustment, Hiring or Retention Survive Motion for Summary Judgment if the Carrier Admits Respondeat Superior?

In Kelley v. Blue Line Carriers, 300 Ga. App. 577, 580-581 (2009), the Georgia Court of Appeals held: “”. . . when an employer admits the applicability of respondeat superior, it is entitled to summary judgment on claims for negligent entrustment, hiring, and retention. The rationale for this is that, since the employer would be liable […]

Case can be removed to Federal Court more than one year after commencement, if Plaintiff acts in bad faith.

In an interesting trucking case from Georgia, Cameron v. Teeberry Logistics, 920 F. Supp. 2d 1309 (2013 N.D. Ga.) the district court permitted removal of a case filed in Troup State Court over a year after it was filed alleging that the amount in controversy was less than $50,000.  Through discovery it was revealed that […]

Finding More Insurance Coverage in Trucking Cases

“If you have a situation where the trailer owner is different from the tractor owner, be sure to secure the insurance policy for the trailer owner because the driver/owner of the tractor may be an insured under the trailer owners policy.  Under either the Motor Carrier’s Policy version or the old Truckers policy version will […]

What is a Preventable Collision (or Accident)?

The National Safety Council (www.nsc.org) (NSC), defines a preventable collision as one in which the driver failed to do everything that they reasonably could have done to avoid it. The American Trucking Association, (www.truckline.com) (ATA), uses the following rule to determine the preventability of a collision: “Was the vehicle driven in such a way to […]

Driver Fatique A Significant Factor in Truck Wrecks

A 1995 National Transportation Safety Board (NTSB) study determined that driver fatigue is a contributing factor in as many as 30-40 percent of all heavy truck crashes. An Insurance Institute for Highway Safety (IIHS) survey in 1992 showed that almost 75 percent of drivers polled had violated hours of service regulations. Such evidence can prove […]

‘Underride Guards’ On Big Trucks Save Lives

New evidence that those “underride guards” that have been on the back of 18 wheelers for about a decade now can save lives, in some crashes. But, a new round of crash tests from the Insurance Institute for Highway safety show that there is room for improvement. “The latest round of testing shows, yeah, they […]

Avoiding Apportionment of Fault to Nonparties in Georgia Trucking Cases

Georgia abolished joint and several liability in the latest wave of “tort reform” in 2005. Juries are allowed to apportion fault among defendants and non-parties in all tort cases. A defendant is allowed to give “notice not later than 120 days prior to the date of trial that a nonparty was wholly or partially at […]

What is the Safety Management Cycle?

The Safety Management Cycle (SMC) is the signature tool behind the Federal Motor Carrier Safety Administration’s (FMCSA) investigative process. FMCSA designed the SMC to help Safety Investigators (SIs) and motor carriers improve safety by identifying and correcting safety performance and compliance issues. How Is the Safety Management Cycle Used? The SMC provides SIs and motor […]