Menu

Trucking and Transportation Law

Are employees entitled to more than 500 weeks of benefits?

Before June 24, 2011, injured employees were eligible for lifetime Temporary Total Disability (TTD) benefits for the duration of their disability. In 2011, the North Carolina legislature passed revisions to the Workers’ Compensation Act. One of the revisions altered N.C. Gen. Stat. § 97-29(b), which now states: The employee shall not be entitled to compensation […]

Read More  

Increasing Minimum Limits Will Not Prevent Nuclear Verdicts, But You Can

In my previous article, I discussed whether the proposed tort reform for raising minimum liability insurance coverage is the answer for the increasing size of jury verdicts from 2010 to 2018. As a reminder, the average jury verdict against commercial motor carriers increased by approximately 1000% from 2010 to 2018. To combat this issue, proponents […]

Read More  

DOT/FMCSA – Noteworthy Updates

On 2/3/2021, Pete Buttigieg was sworn in as the 19th Secretary of Transportation. On 1/20/2021, President Biden issued an executive order on Protecting Public Health and the Environment and Restoring Science to Tackle the Climate Crisis. On 4/22/2021, in response to PresidentBiden’s executive Order, the National Highway Traffic Safety Administration (NHTSA) proposedwithdrawing the SAFE I […]

Read More  

Is Tort Reform the Answer?

Currently, the Federal Motor Carrier Safety Administration requires commercial vehicles that engage in interstate commerce to maintain a minimum of $750,000 in liability insurance coverage. Congress passed 49 U.S.C. § 31139 in 1994 requiring that $750,000 be the minimum limit. The amount required has not changed in almost 27 years. However, in June 2020, the […]

Read More  

AB5: A New Standard for Worker Classification – Part 2

In our last article, we discussed the status and potential impact of AB5, a law recently passed in California which went into effect on January 1, 2020, addressing the classification of certain workers. By way of review, prior to AB5’s passage, the decision on whether a worker should be classified as an employee or an […]

Read More  

DOT/FMCSA – Noteworthy Updates

The Federal Motor Carrier Safety Administration (FMCSA) reports that the electronic logging device (ELD) mandate has reduced hours-of-service (HOS) violations by 50% since the initial rule took effect in December 2017. Over 8.8 million roadside inspections were conducted since that time with less than 1.25% resulting in citations for HOS violations or for failure to […]

Read More  

AB5: A New Standard for Worker Classification

One issue that has come up numerous times in the setting of the trucking and transportation industries is the classification of workers as either employees or independent contractors. Concerned with workers who werebeing misclassified as independent contractors and who were not getting the benefits afforded to employees, the State of California passed a law, which […]

Read More  

Forward Facing Video Camera Systems – A Double Edge Sword?

In my last article, I explained the benefits forward facing video camera systems may have on litigation expenses for commercial motor carriers and insurance companies. However, as the saying goes, not everything is as good as it seems. Even though the implementation of forward facing video cameras does have its benefits, it also creates the […]

Read More  

DOT/FMCSA – Noteworthy Updates

On 9/29/20, the Federal Motor Carrier Safety Administration’s (FMCSA) final rule updating Hours of Service (HOS) regulations takes effect for normal, nonexempt operation. The key provisions include: Extend on-duty time by 2-hours for adverse weather; Extend the “short haul” exception from 100 air-mile radius to 150 miles and increase allowable drive time from 12 hours […]

Read More  

The Benefits Forward Facing Video Camera Systems Have On Litigation Expenses

“The eye sees all, but the mind shows us what we want to see.” – William Shakespeare The rise of technology forces insurance companies, like other companies,to adapt. Upon first thought, advances in technology should streamline claim handling and the litigation process insurance companies endure. From a 10,000-foot view, technology has already made it easier […]

Read More