Trucking Law

The words "Conditional Payment Reimbursement" strike fear in the trucking industry. OK, scratch that. Maybe not fear, but the issue induces insomnia for some. Everyone knows Medicare may collect double damages plus interest from parties when conditional payments are not reimbursed. But does this priority right of recovery apply evenly to past medical expenses as well as to future medical expenses? Does this priority right of recovery apply evenly to defendants as well as plaintiffs?

Currently, the United States Congress is considering legislation that would require every interstate motor carrier to install and utilize an Electronic On Board Recorder (EOBR) to record the hours of service for its drivers. This would only apply to long-haul drivers currently required to fill out paper logs, not to drivers that operate in a 100 mile radius of their terminal. The concept of requiring EORBs in all tractor-trailers is not new, but the current legislation represents the closest this idea has come to law.

"The court does not believe that a company of such substantial size and means could

inadvertently make so many mistakes."

Alegria v. AAA Cooper Transportation, Inc., No. 10-CV-10597-1, Superior

Court of DeKalb County, GA (Jan. 20, 2012).

"The facts and circumstances surrounding the Defendants' destruction of the truck and its tires and the Qualcomm data manifest bad faith."

Ashton v. Knight Transportation, Inc., 772 F.Supp.2d 772 (N.D. Tex.

2011)

As anyone who has defended a trucking case knows, you basically start out with one -- if not two -- strikes against you.  Generally speaking, jurors have negative opinions of defendant trucking companies.  Plaintiff's attorneys know this, and can usually find something (e.g,. a DOT violation, previous tickets or accidents involving the driver in question, etc.) to attempt to inflame the jury.  These difficulties can be compounded by the venue in which the case is pending.  Generally speaking, this is determined by either the location of the accident or where the defendant resides or does business.  Depending on the venue, the facts of the case may not matter in some places as much as they do in others.  As an example of this, there was recently a case tried in the state in which I practice (Alabama) involving a minor rear-end collision, only $2,500 of retail medical bills and absolutely no "heat" in the case.  After deliberating briefly, the jury returned a verdict in favor of the plaintiff in the amount of $250,000.  On the other hand, it is important to note that some of even the more rural venues depend on trucking companies as being vitally important to the local economy, and thus are more friendly towards trucking companies than one would assume.

A driver involved in an accident involving personal injury has a duty to: 

• Stop at the scene of the accident and remain until providing information;
• Provide the driver's name, address, registration number and owner of the vehicle and, if requested, present their driver's license;
• Provide reasonable assistance to any injured person, including transportation to hospital;
• Immediately provide notice of the accident to the local police department; and
• Within ten days of the accident complete report in writing to the Illinois Department of Transportation

As part of its campaign to end distracted driving, the Federal Motor Carrier Safety Administration (FMCSA) has already issued a rule prohibiting commercial drivers from texting while driving. Handheld cell-phone bans are now being proposed by two of DOT's operating agencies – FMCSA, and the Pipeline and Hazardous Materials Safety Administration (PHMSA) – that  would restrict the use of hand-held mobile telephones (specifically cell phones) by truck and bus drivers while operating a commercial motor vehicle (CMV).