Truck Accident Litigation, Second Edition (Paperback)
by Laura Ruhl Genson, Anita M. Kerezman
Published by The American Bar Association
ISBN-10: 1590317602
ISBN-13: 978-1590317600
504 pages

This second edition of the ABA bestseller is a comprehensive guidebook and how to manual for handling truck accident cases from point of entry to trial. The book was written by industry experts, accident reconstruction consultants, engineers and trial lawyers.

In the recent decade there have major changes in the trucking industry. From the rules and regulations governing the trucking industry to advances in the technology found in the vehicles on the road, this updated second edition of Truck Accident Litigation treats the large number of changes that have occured.

A truck accident is very complex and involved from the viewpoint of the investigation and the trial. With comprehensive topics ranging from computer simulations and the introduction of on-board electronics to the most recent Federal regulations on motor carrier responsibilities, alcohol testing programs and the admissibility of technology in court.

This one of a kind reference material focuses on the unique nature of the trucking industry and provides step-by-step guidance of a truck accident case from beginning to end.

The book covers the following topics in depth:

• Why the Commercial Motor Vehicle Case Is Different
  • An Overview of Trucking
  • Truck Styles
  • Truck Dimensions
  • Various commercial truck configurations

• Federal Motor Carrier Safety Regulations-Transition of ICC to FMCSA
• Federal Motor Carrier Safety Regulations-DOT versus OSHA
• Federal Motor Carrier Safety Regulations-Interstate versus Intrastate
• The Truck Accident Investigation
  • The lawyer's role

• Data Collection: Site, Vehicle, and Electronic Evidence
  • Assembling the Record
  • Documenting the Crash Site
  • Crash Site Evidence

• Spoliation of Evidence
• Special Driving Situations-Various Driving and Hazardous Conditions
  • Night Driving
  • Fog
  • Winter Driving
  • Hot-Weather Driving
  • Mountain Driving
  • Railroad Crossings
  • Hazards

• Human Factors: Driver Response
  • Truck Driver Fatigue

• On-Board Electronics
  • Mobile Communications and Global Positioning Systems ( GPS)
  • Use of Mobile Communications and Tracking Data in Truck Accident Litigation
  • Use of GPS in Trip Recorders or Electronic On-Board Recorders (EOBRs)

• Tires and Wheels
• Brakes Inspection
• Technology: What Exists, How to Use It, and Admissibility in Court
• The Plaintiff's Perspective
  • Handling a Plaintiff's Truck Crash Case-What You Don't Know Can Hurt You...and Your Client

• The Defense Perspective
  • Can You Protect the Investigation
  • Spotting the Issues and Navigating the Conflicts in a Catastrophic Trucking Loss
  • Defending the Dangerous Trucking Case
  • Loss Allocation in Light of the MCS-90 Endorsement
  • Potential Vicarious and Independent Liability for Acts of Drivers: Theories and Defenses

• Changes from the engineering perspective with respect to engine configuration, speed, and more

• The Trial
  • Developing and Utilizing the Theme
  • Perspectives on Cross-Examination
  • Admissibility of Computer-Generated Evidence
  • The Psychology of Jury Verdicts in Catastrophic Motor Vehicle Accidents

• Insurance Coverage Issues

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