Southeastern Trucking & Transportation Defense Blog
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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Recent Articles
The American Trucking Associations Issue A Response to the New Hours of Service Rule
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 Announces New Hours of Service Rule
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...
Happy Holidays from Southeastern Trucking & Transportation
Warmest wishes for a happy holiday season and a wonderful new year.
US DOT Bans Use of Hand-Held Cell Phones for CMV Drivers
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,...
Charleston Congressman discusses proposed federal truck regulations
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...
Non-Lawyers cannot Answer garnishments for Corporations in Georgia Courts
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,...
Beware the violation of a Rule of the Road and Punitive Damages
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...
South Carolina Enacts Punitive Damages Caps
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...
Will Bus Driver's On Duty Hours Be Reduced to Match Truck Drivers?
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...
Beware Release Language
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...

