The Law of Commercial Trucking: Damages to Persons and Property
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With regulations by local, state and federal governments, and with heavy insurance coverage as required by law, the trucking industry will continue to generate legal issues of ever-increasing complexity, requiring focused study and understanding.
The encyclopedic coverage provided in the Third Edition of The Law of Commercial Trucking: Damages to Persons and Property is necessary for any legal or corporate professional handling a commercial trucking case, regardless of whether it is a personal injury accident case, a freight claim, a products liability/warranty case or a case involving a commercial motor vehicle insurance policy. It is dedicated to the law of commercial trucks and trailers from the perspective of sales, repairs, warranties, negligence, products liability, insurance coverage and cargo damage as a single legal discipline.
If you average the National Highway Traffic Safety Administration’s (NHTSA) statistics on a weekly basis, you will find that each week 96 people are killed and 2,230 people are injured in crashes involving large trucks. The claims and litigation that are being generated by these accidents are hitting all-time highs. As this happens, the issues in these cases become more complex as courts continue to interpret more and more provisions in the Federal Motor Carrier Safety Regulations and new theories are being offered by attorneys trying to win their cases.
The Law of Commercial Trucking helps judges, attorneys, risk managers and company officials, as well as the interrelationship parties between owners, lessors, lessees, drivers and shippers understand the myriad legal issues that are specific to interstate trucking. There are thousands of cases cited in this two-volume treatise covering virtually every conceivable aspect of the law on commercial trucking, including 1,000 commercial motor vehicle products cases. This comprehensive legal text is updated twice a year in order to provide fresh analysis on a variety of complex issues.
Key updates have focused on significant developments in areas such as:
• Broker liability
• Statutory employment
• Liability of intermodal equipment providers
• Federal Motor Carrier Safety Regulations
• Critical distinctions between independent contractors and employees
The Law of Commercial Trucking is the only source you need when litigating a case involving trucks, trailers, trucking companies, drivers, truck manufacturers, repairers or other third parties. Moreover, this title is an essential resource for any attorney seeking to pass the certification process adopted by the National Board of Trial Advocacy for certification in the field of Truck Accident Law.
The increased presence of commercial vehicles, heavy and light, on our nation’s streets and highways impacts various industries such as agricultural, government, energy, construction, mining and even the local florist. Any attorney who represents these industries or trucking companies, truck drivers or the owners and operators of trucks and trailers will find this publication to be an invaluable research aid. In addition, this publication provides an instrumental benefit for attorneys who do not deal with trucking-related issues on a regular basis, but who are faced with the extremely complicated legal issues surrounding an accident involving commercial trucks or trucking companies.
Reviews for The Law of Commercial Trucking have been exceptional. Upon the release of the First Edition, the treatise was selected as an award finalist by the American Risk and Insurance Association. Another association has described the book as the “Bible for understanding commercial trucking litigation” and “a must for any litigator involved in a truck accident case.” Another commentator recently stated that the use of David Nissenberg’s book on commercial trucking is MANDATORY for any attorney engaged in truck accident litigation.
Coverage includes cases from the U.S. Court of Appeals, the United States District Courts and state courts, as well as key statutory references to: applicable Federal Motor Carrier Safety Regulations; the Motor Carrier Act Exemption Under the Fair Labor Standards Act; and the Federal Aviation Administration Authorization Act (preemption provision). This authoritative title has been cited by numerous courts, including:
• United States Court of Appeals for the 5th Circuit
• United States Court of Appeals for the 10th Circuit
• Supreme Court of North Dakota
• Court of Appeals of Georgia
• Court of Appeals of Missouri
• Court of Appeals of Ohio
• The Superior Court of New Jersey, Appellate Division
The reasonably priced The Law of Commercial Trucking: Damages to Persons and Property provides the resources you need to represent clients with confidence in truck-related litigation, help in the risk management assessment and reduce legal expenses. Updates to the title contain abundant analysis and discussion of recent case law and regulatory developments. View a summary of recent supplement highlights here.
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Table of contents
PART 1—The Acquisition of a Commercial Truck or Trailer—Rights and Obligations of the Parties
Chapter 1. The Sales Transaction
Chapter 2. Damages Arising Out of the Purchase of a Nonconforming Commercial Truck or Trailer
Chapter 3. The Truck Buyer’s Default
PART 2—Warranties Extended to the Truck Buyer by Manufacturers and Sellers
Chapter 4. Warranties in the Sale of New and Used Trucks and Trailers
PART 3—The Maintenance and Repair of a Commercial Vehicle—Rights and Obligations of the Parties
Chapter 5. Truck and Trailer Repairs
PART 4—Accidental Injury, Death, and Damage to Property in the Use and Operation of Commercial Trucks and Trailers
Chapter 6. The Concept of Negligence as It Relates to the Injury of Persons and Property Involved in the Trucking Business
Chapter 7. Liability of Truck Owners and Operators for Their Own Negligence and for the Negligence of Others
Chapter 8. Rights and Obligations of Bailors and Bailees
Chapter 9. Liability of Third Parties for Their Own Negligence and the Negligence of Others
Chapter 10. Governmental Liability for Negligence in the Design, Construction, and Maintenance of Roads and Highways
Chapter 11. Liability of Owners or Occupiers of Property for Accidents Occurring on or Near Their Property
PART 4 - Accidental Injury, Death, and Damage to Property in the Use and Operation of Commercial Trucks and Trailers—Continued
Chapter 12. Liability for Injuries Caused by Negligence During the Loading and Unloading Process
Chapter 13. The Concept of Strict Products Liability as It Relates to the Injury of Persons and Property Involved in the Trucking Business
PART 5—The Determination of Insurance Coverage in Case of Loss by the Truck Owner and Operator
Chapter 14. Insurance Coverage Issues Involved in the Interpretation of Commercial Truck Policies
PART 6—Damage to Cargo in Interstate and Intrastate Transport
Chapter 15. Liability of the Carrier for the Loss of Property or Damage to Property While Under Transport
PART 7—Liabilities in the Carriage of Abnormally Dangerous Cargo
Chapter 16. Damages Associated with the Transportation and Handling of Abnormally Dangerous Substances, Hazardous Materials, and Hazardous Wastes