To the uninitiated, the trucking and transportation industy can seem irrelevant and tedious, but nothing could be further from the truth. From the food on our grocery shelves to the gravel and sand in sidewalks, the trucking and transportation industy is responsible for getting the necessary materials to you, the consumer. The attorneys at Carlock, Copeland & Stair realize this, which is why they host the Southeastern Trucking & Transportation Defense Blog where they discuss the regulations and litigation involved in the industry.
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The American Trucking Associations contend that the new final rule governing hours-of-service will do nothing to improve highway safety, and will likely increase the risk of truck-involved crashes. The "announcement of a new rule on the hours-of-service is completely...
U.S. DOT's Press Release WASHINGTON - U.S. Transportation Secretary Ray LaHood today announced a final rule that employs the latest research in driver fatigue to make sure truck drivers can get the rest they need to operate safely when on the road. The new rule by the U.S. Department of...
Warmest wishes for a happy holiday season and a wonderful new year.
The FMCSA and the PHMSA issued a final rule restricting the use of hand-held mobile telephones by interstate commercial motor vehicle drives (CMV) and intrastate hazmat drivers. The rule does not prohibit the use of hands-free devices. The final rule will take effect on January 2nd,...
U.S. Rep. Tim Scott rallied against new federal trucking regulations, such as a new U.S. Department of Transportation rule that could reduce truckers' allowable daily driving hours from 11 to 10, recently in Charleston. He said the rule proposed in December is unnecessary given the industry's...
The Georgia Supreme Court recently ruled that corporations cannot utilize Non-Lawyers to answer or respond to garnishment actions. In UPL (Unauthorized Practice of Law) Advisory Opinion # 2010-1 the Supreme Court of Georgia held that, since businesses are not individual persons,...
In South Carolina, the courts have held that the violation of a statute (Rule of the Road) is sufficient evidence of willfulness, recklessness or wantonness to require the judge to submit the issue of punitive damages to a jury. In Austin v. Specialty Transportation Services, 258 S.C. 298...
Effective January 1, 2012, South Carolina will limit punitive damage awards in most cases. Under Section 15-32-510 et. seq., punitive damage must be specifically prayed for in a complaint and will result in bi-furcated trials. Additionally, damages will be limited to the greater of 3 times...
Recent deadly crashes involving motor coaches, large buses that travel between cities, have heightened concern about driver fatigue.Federal regulations allow bus drivers up to 10 hours behind the wheel followed by a minimum of eight hours rest. That adds up to 18 hours, making it legal for a driver...
In Penn v. Muktar A11A0095 decided May 18, 2011, the Georgia Court of Appeals ruled that a settlement did not occur where the insurer provided a settlement check for its policy limits and a release for all claims against its insured Defendant, rather than just the personal injury claims under...