Not all courts are the same. While judges are all supposed to follow the law as it is written, there are situations in which a case does not neatly fit into the laws as they currently stand. In such cases, judges may be required to interpret statutes or give meaning to previous judicial…
Earlier this month, an appellate court in Delaware issued an opinion in favor of a young plaintiff who was injured when she was struck by a car as she was about to board a school bus. In the case, State Farm Mutual Insurance Company v. Buckley, the girl’s family sought…
Earlier this month, the Supreme Court of New Mexico issued a written opinion holding that the statute of limitations in a product liability case filed against a car manufacturer may be tolled if there is a showing that the manufacturer fraudulently concealed information that could give rise to the claim.…
Earlier this month, the First Circuit Court of Appeals issued a written opinion affirming a lower court’s award of $1,200,000 to the family of a woman who was killed in a truck accident. In the case, Quilez-Velar v. Ox Bodies, Inc., the plaintiffs were the surviving family members of a…
Truck drivers have an enormous responsibility. With loaded rigs weighing up to 40 tons, the trucks these drivers operate are massive, difficult to steer, and prone to causing mayhem if not properly controlled. For these reasons, federal and state laws act to regulate the trucking industry, requiring drivers to obtain special…
On April 22nd of last year, a fatal truck accident claimed the lives of five young nursing students from Georgia Southern University. Earlier this month, a settlement agreement was reached with four of the five families of the deceased students. According to one local news source, the exact terms of…
One of the reasons that tractor-trailers and other large trucks are prone to getting involved in serious accidents is the fact that they require a longer distance to come to a complete stop. This is true even with an empty trailer, but when a truck is fully loaded, it can…
Earlier this month, the Maryland Court of Appeals issued a written opinion in a truck accident case, holding that evidence of a defendant’s lack of insurance is not relevant and should be excluded from the jury’s consideration. In the case, Perry v. Asphalt & Concrete Services, Inc., the appellate court…
In most personal injury cases, the judge plays a fairly limited role, leaving the ultimate decision of whether the defendant was liable for the plaintiff’s injuries up to the jury. In the early stages of litigation, a judge also acts as a gatekeeper, ensuring that only meritorious cases reach the…
Commercial carriers, such as buses, trucks, trains, and taxi-cabs, all have a duty to their passengers to operate their vehicles in a safe manner and do everything reasonable to ensure a safe trip. This duty extends to others sharing the road with the common carrier as well. On occasion, however,…