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Debunking NHTSA myths in trucking litigation
Allan J. Kam
Trucking companies often contend that if they meet federal safety regulations, they’ve done everything necessary to ensure that their trucks are safe and roadworthy. And much of the public has been led to believe the same thing. The former chief enforcement officer for the National Highway Traffic Safety Administration gives an insider’s perspective on just how faulty those beliefs are.
In the eyes of the beholder
Dan Christensen
At first glance, it looks like a hopeless case: Your client crashed her car into a stopped vehicle on a dry road in clear driving conditions. But looks can be deceiving. New studies of the human perception-reaction process show that for many reasons, the driver may have had no way to avoid the collision. A thorough understanding of the science of seeing can help you show that your client was not at fault.
Saving negligent entrustment claims
Scott Beal
Once a trucking company admits agency, your negligent hiring claim is dead, right? Not so fast: In the 46 states that apply some form of the comparative-fault rule, plaintiff lawyers can argue that admission of agency does not bar negligent entrustment claims. Preserving your claim is not easy or certain; you’ll need a solid grounding in the case law and the right set of facts. But the potential rewards—justice for your client and greater safety on the roads—are worth the effort.
The ‘smart’ air bag case
Lawrence Baron
Air bags are getting “smarter.” They can vary their force of deployment depending on a vehicle’s speed, or not deploy at all if they detect a child in a seat. Unfortunately, automakers are still trying to cut corners, and crash victims are still being needlessly hurt. The author reviews the latest advances in air bag technology and recent rulings in relevant cases.
How to challenge a black box
report
Stephen E. Van
Gaasbeck
Defendants in auto-crash cases will often download information from a vehicle’s crash data recorder, or “black box,” to show that the driver, not the car, caused an accident. But these reports are frequently marred by missing or erroneous data and are subject to wildly inaccurate interpretation. To help jurors understand what really happened, you must learn the limitations of this technology and monitor how the defendant handles and interprets the data.
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Feature
Civil liability for identity theft
Jeffrey R. Dion and James A. Ferguson
Each year, millions of Americans discover that their private
financial information has been stolen. Even long after the identity
thief is convicted, the repercussions—including monetary
loss, embarrassment, and wrecked credit ratings—continue
to plague them. Civil litigation against responsible third parties
can help victims regain part of what has been stolen from them.
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News & Trends
“Sick” courthouses spur suits
Judge rejects preemption in heart device
case
Experts can’t cite talks with colleagues
at trial, Florida high court says
Health insurance act affords privacy,
but not private actions
Insurers must cover Katrina water damage,
federal judge holds
Georgia asbestos law ruled unconstitutional
Departments
President’s page
A good first step
Supreme Court review
When are anticipatory search warrants
valid?
Good counsel
Hearsay
Justice in motion
Special interests thwart Ohio consumer-rights
bill
Time to learn—on your own schedule
For auto crash cases, here’s help
Straight talk about torts and business
Books
Guantánamo and the Abuse of
Presidential Power by Joseph Margulies
Indefensible by David Feige
Experts & Professional Services
Classifieds
Lawyer Networking
Products & Services
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