Articles Posted in Trucking Accidents and Injuries

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Recently, a state appellate court issued a written opinion in a Georgia car accident case involving the question of whether the plaintiff’s insurance company was responsible for his injuries, based on the policy’s uninsured motorist clause. Ultimately, the court determined that the accident was not within the scope of the plaintiff’s insurance policy because the vehicle involved in the accident was furnished for the plaintiff’s everyday use.

The Facts of the Case

The plaintiff, an employee of a logging company, was provided with a logging truck to help carry out his duties. The truck was owned by his employer, but the evidence suggested that the plaintiff was able to keep the truck overnight at his own residence once he was done working for the day.

One day, the two tires on the truck blew out. The plaintiff pulled over and called his employer, who arrived to assist in changing the tires. However, while the two were changing the tires, one of the tires blew out, injuring the plaintiff.

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Recently, a state appellate court issued a written opinion in a Georgia car accident case requiring the court to determine if the defendant, a local utility company, was entitled to government immunity. Ultimately, the court concluded that the utility was not entitled to immunity because the employee alleged to have caused the accident was not exercising his discretion as a government employee.

The Facts of the CaseThe plaintiff was injured in a car accident when she crashed into a pile of dirt and then into a back-hoe that the defendant utility company was using to replace a pipe underneath the road’s surface. According to the facts as laid out in the court’s opinion, the utility employee had removed the dirt covering the pipe and placed it in a large pile in front of the back-hoe. When the back-hoe was not in use, it was left on the shoulder of the road, partially in the roadway.

The plaintiff testified that she saw a “blur” and was unable to avoid the pile of dirt that was immediately ahead of her. After her car ran into the dirt pile, it then continued to crash into the back-hoe. The plaintiff’s car flipped over onto its side, and the plaintiff was injured as a result.

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The transportation of hazardous materials is highly regulated, and those who violate those regulations are subject to large fines. The federal Hazardous Materials Transportation Act requires all transporters to follow the regulations outlined in the Act.In addition, if a truck is carrying chemicals or explosives that qualify as an “abnormally dangerous activity” and is involved in an accident, the truck owner will generally be subject to strict liability in any subsequent personal injury claim. Strict liability means that the person responsible is liable for the harm caused, even if that person acted with the utmost care in trying to prevent the harm. However, if hazardous materials do not qualify as abnormally dangerous, or if strict liability does not apply, injured parties have to prove negligence in order to recover compensation for their injuries.

When a hazardous spill occurs, there is a safety risk not just to the people who were transporting the materials but also to other drivers, homes, community members, and the environment. And even in a highly regulated industry, some transporters still manage to slip through the cracks.

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The crux of a wrongful death action in Georgia is the homicide of the deceased.  Homicide includes any case where the death of a human being results; for example, from a crime, from criminal negligence or simple negligence, or from a defective product causing death even where there there is no negligence in the manufacture of the property or product.   Continue reading

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In a Georgia personal injury case, the “impact rule” applies.  What this means is that in order to recover for purely emotional damages caused by another person or corporation, the person bringing the claim, the plaintiff, must first prove that there was an impact to his or her body.   Continue reading

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On the New Jersey Turnpike in the early morning hours of June 7, 2014, a truck driven by a Wal-Mart employee rear-ended a limousine bus that was carrying famous actor and comedian Tracey Morgan and four other passengers. As a result of the accident, James McNair, a fellow comedian and friend of Tracey Morgan that was on the limousine bus, was killed. Tracey Morgan sustained multiple injuries including broken ribs, a broken nose and a broken leg.
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In a few short years, social media has become an inescapable addition to our lives. Each day, one of the first and last things we do include browsing and sharing news and photos with our networks. While these habits are part of our daily routine, in the midst of a personal injury case, it’s advisable to pull away from those activities for some time.

Everything on the internet is public, including so-called “private” profiles. Considerable amounts of personal details can be obtained with a quick scroll over your page. Because all this information is available for general public consumption or for purchase, courts are increasingly allowing social media transcripts admission in court.

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On June 7, 2014, former Saturday Night Live comedian Tracy Morgan was traveling in a limo bus near Trenton, New Jersey, when he was involved in a six-car accident on the New Jersey Turnpike. He was returning from a performance in Delaware when he was struck from behind by a tractor-trailer. The crash killed friend and fellow comedian James McNair as well as critically injuring two others. Morgan suffered a broken leg, nose, several ribs and still relies on a wheelchair.

On July 10, 2014, Morgan and three other plaintiffs filed a personal injury lawsuit in the U. S. District Court in New Jersey. The driver was working for Wal-Mart and the company has been named as a defendant. They are seeking compensatory and punitive damages. The driver has pleaded not guilty to vehicular homicide and assault. The police report states that the driver had been awake for 24 hours when the crash occurred. Thus bringing into question the ongoing debate about whether commercial drivers are being pushed to the max and thereby putting the public at risk.

See the link below for tips on how to share the road with large trucks:

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Thanksgiving feasts and days spent with family mark the official start to our holiday season each year. According to the Department of Transportation, Thanksgiving is also the busiest time of the year, with more than 35 million people traveling by car to visit family and friends.

Combine distractions of a family road trip and an increase in traffic, and accidents are bound to happen.

Before you hop behind the wheel this Thanksgiving, check out our 10 tips for travel to ensure a safe and happy holiday:

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In August, Ashley Hollyfield, a mother of two and former Gold Club employee, was killed while driving home intoxicated after leaving the exotic dancing establishment.

On Sept. 30, her parents, Duane and Susan Willis, filed suit against Fannett Entertainment, doing business as Gold Club, in court. Hollyfield’s minor children are also listed as plaintiffs in the suit.

According to the lawsuit, Gold Club allegedly encourages its employees to drink while working to increase its profits. On the night of Aug. 2, Hollyfield was drinking alcohol while in the course and scope of her employment as a waitress.