Author: Laura Ruhl Genson
Publisher: American Bar Association
Release Date: 2006
Written by industry professionals, engineers, reconstructionists, and litigators experienced in the trucking field, this comprehensive guidebook provides a strong knowledge base of the trucking industry and serves as a how to for handling a commercial motor vehicle case from intake to trial. The book covers: the lawyer's role in a truck accident investigation; data collection, site, vehicle, and electronic evidence; spoliation of evidence; driving situations (weather conditions, hazardous materials, human factors); on-board electronics; tires, wheels and brakes; technology (what exists, how to use it, and admissibility in court); the plaintiff and defense perspectives; changes from the engineering perspective with respect to engine configuration, speed, and more; and the trial.
Author: J. Kent Emison
Publisher: Agate Pub Incorporated
Release Date: 2015-08-11
While the number of fatal auto accidents on U.S. highways has dwindled in recent years, truck accidents have remained disturbingly high. Why? The answer lies in the dangerous practices enacted by trucking companies. By choosing profits over people, these companies have overseen an exponential increase in annual trucking accidents and trucker fatalities. Tragedies like these have led to an ever-growing number of Americans seeking justice. Peril on Wheels delivers valuable answers for lawyers who defend the individuals and families affected by these terrible accidents. Attorney and author J. Kent Emison brings more than 20 years of experience in litigating truck accident cases to this book, which addresses the “driver error” and product defects that can dramatically and unalterably change lives. Peril on Wheels is a revealing, straightforward, and comprehensive guidebook to the science and business practices of today’s commercial vehicles. As law firms attempt to cater to this population in need, Peril on Wheels will allow them to vastly improve their understanding and services. Leveraging his experience working with engineers, accident reconstruction specialists, and industry professionals, Emison has created a much-needed manual sure to be a staple of law offices, university curricula, and attorney's libraries throughout the United States.
Author: Josef F. Buenker
Publisher: Multilingual Matters
Release Date: 2004-12-16
Genre: Language Arts & Disciplines
This book familiarizes the judicial interpreter with the vehicular accident lawsuit in the USA. The entire process which an interpreter may encounter is explained from the time of the accident through the final trial. The book provides a comprehensive presentation of the participants, terminology, procedures, documents and regulations to this prevalent area of law.
Author: William E. Kenworthy
Release Date: 2013-12
In 1991 the Federal Highway Administration, which at that time had regulatory responsibility for trucking safety issues published a Commercial Vehicle Preventable Accident Manual with assistance from a contractor, Triodyne, Inc. This manual incorporates and updates much of the advice from that 1991 publication. Since 1991 many changes have been made to the Federal Motor Carrier Safety Regulations, now administered by the Federal Motor Carrier Safety Administration (FMCSA).One of the most significant changes is the adoption of the motor carrier safety fitness rating system. Fitness ratings of Satisfactory, Conditional or Unsatisfactory are assigned to each carrier, based upon a six factor algorithm. The sixth factor in the formula is Accidents, defined as the ratio of recordable accidents per million miles. Prior to amendment of the formula in 1997 the accident factor had been determined by the ratio of recordable/preventable accidents per million miles. The agency decided to use the ratio of recorded accidents because its studies had shown that over time the ratio of recordable/preventable accidents to recordable accidents had been stable. However in making this regulatory change the agency indicated that it might make some allowance in the course of assigning a rating if a carrier demonstrated “compelling evidence” that the recordable rate is not a fair measure in its particular circumstances.For that reason it may be helpful to carriers to have a systematic determination as a part of their safety program as to whether each accident was preventable. More importantly the process of making preventability determinations may tend to highlight areas in which improvement can be made in the overall safety program. It also may reveal areas in which attention should be devoted in the process of driver safety training. Preventability determinations are helpful in according recognition to safe drivers, and conversely they may help to identify drivers in need of retraining or other corrective action. Some carriers have adopted a practice of assessing “deductibles” against drivers when bad driving practices have cost the company money. If any of these practices are followed, it is essential to have some guidelines that are to be followed in making preventability determinations.
Author: William Hart
Publisher: Cengage Learning
Release Date: 2006-07-18
Litigation and Trial Practice for the Legal Assistant, sixth edition provides comprehensive coverage of the civil litigation practice for paralegals. This thoroughly revised text covers the litigation process from the pre suit investigation to the appeal. The text provides detailed information on how to assist the attorney at each phase as well as why each step is important to the clients success. Important topics such as litigation principles, lawyer and client relationship and ethics, gathering evidence, depositions, preparation for a civil trial, structure of a civil trial, judgments, appeals, and more are discussed in detail. A case study feature appears throughout the book and provides valuable opportunities for students to learn the practical, real life application of the concepts presented. The book also provides samples of the documents a litigation paralegal will most often be required to prepare. From the complaint and answer, to responses, to written discovery, to simple motions, this resource provides samples that a paralegal can readily adapt to real situations. Other special features of the text include chapter summaries that provide a quick overview of each topic, but with sufficient detail to really help the reader to understand the big picture of each chapter; and highlighted key terminology unique to litigation. A complete resource for the paralegal student, this book will also serve as a reference legal assistants can keep in their library for years to come. Important Notice: Media content referenced within the product description or the product text may not be available in the ebook version.
"TRB's Hazardous Materials Cooperative Research Program (HMCRP) Report 10: Feasibility Study for Highway Hazardous Materials Bulk Package Accident Performance Data Collection explores methods to collect and analyze performance data for U.S. Department of Transportation (DOT)-specified hazardous materials bulk packages such as portable tanks and cargo tank motor vehicles. The report also identifies and evaluates institutional challenges to data collection, and makes suggestions for overcoming these challenges. In addition, the report offers a methodical approach for developing and implementing a reporting database system to collect and characterize information about damage to U.S. DOT-specified hazardous materials bulk packages involved in accidents, regardless of whether the damage resulted in a leak of contents.
Author: Thomas Koenig
Publisher: NYU Press
Release Date: 2001-08-01
Late night comedians and journalists eagerly seized upon the case of an elderly woman who sued McDonald’s when she spilled hot coffee in her lap as a prime example of frivolous litigation. But as Rustad and Koenig argue, cases such as these are an incomplete and misleading characterization of tort law. Corporations have successfully waged a public relations battle to create the impression that most lawsuits are spurious, when in fact the opposite is true: tort law plays a crucial role in protecting consumers from dangerous and sometimes life-threatening hazards. Without legal remedies, corporations would suffer no penalty for choosing profits over public health and safely. In Defense of Tort Law is the first book to systematically examine the social, legal and policy dimensions of the tort reform debate. This insightful analysis of solid empirical data looks beyond popular myths about frivolous lawsuits, and tackles a variety of contentious issues: Should punitive damages be capped? Who is favored by tort law? Who loses, and why? Koenig and Rustad’s detailed case study analysis also reveals disturbing gender inequities in a legal system that is largely dominated by men. Because women are disproportionately injured by medical products, impermissible HMO cost cutting, medical malpractice and sexual exploitation, restrictions on the rights to recovery in these fields inevitably creates gender injustice. Engaging and up to date, In Defense of Tort Law also identifies aspects of the current law that require further elaboration, including the need for measures to combat cybercrime against consumers.