Pin It

Causal link between violation of trucking safety rules and truck crashes

Here is A Truck and Trucking Accident article by Atlanta Personal Injury Attorney, Ken Shigley regarding Trucking Safety rules and Truck crashes. This Truck Accident article was reviewed and approved by Rhode Island Truck Accident Attorney, David Slepkow 401-437-1100.

In order to use Federal Motor Carrier Safety Regulation violations to support liability or punitive damages, it is essential to establish that the violation was a proximate cause of the crash.

Some judges don’t easily grasp the obvious connection between extreme driver fatigue and driver error. For example, in one Georgia case the court failed to recognize driver fatigue and extremehours of service violations as proximate causes of a crash, limiting proximate cause to a stop sign violation only.

Therefore, one must consider the most effective methods to explain the connection between violation of safety rules and the predictable results.

With adequate support to educate the judge and build the record for appeal, Georgia law on causation is favorable.

A legal or proximate cause of injury, damage, loss or harm is any act or omission that is a contributing factor in bringing about the injury, damage, loss or harm.

What

amounts to proximate cause is undeniably a jury question and is always to be determined on the facts of each case upon mixed considerations of logic, common sense,justice, policy, and precedent.

It is axiomatic that questions regarding proximate cause are `undeniably a jury question’ and may only be determined by the courts `in plain and undisputed cases.

Legal Notice per Rules of Professional Responsibility: The Rhode Island Supreme Court licenses all lawyers and attorneys in the general practice of law, but does not license or certify any lawyer / attorney as an expert or specialist in any field of practice. While this firm maintains joint responsibility, most cases of this type are referred to other attorneys for principle responsibility.

Comments are closed.