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Lexis Nexis The Law of Commercial Trucking: Damages to Persons and Property
Since its original publication in 1994, The Law of Commercial Trucking: Damages to Persons and Property has become the leading publication in the legal and insurance field on the complex issues involving commercial motor vehicles.
Publisher:
Michie
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This New (Fourth) Edition of The Law of Commercial Trucking: Damages to Persons and Property continues the high standard of excellence previously set by this publication with a complete updating of the numerous changes in and interpretations of the law and the federal motor carrier safety regulations. The Fourth Edition helps judges, attorneys, risk managers, and company officials, as well as owners, lessors, lessees, drivers and shippers, understand the myriad legal issues that are specific to interstate trucking.
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 retailer. 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 nevertheless find themselves faced with the extremely complicated legal issues surrounding an accident involving commercial trucks or trucking companies.
This two-volume, looseleaf treatise contains thousands of cases covering virtually every conceivable aspect of the law on commercial trucking. The encyclopedic coverage provided in the Fourth Edition is necessary for any legal or corporate professional handling a commercial trucking case, 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.
The Fourth Edition contains an entirely new chapter covering the legal issues associated with intermodal traffic traversing in and out of our country's ports and pulling containers over U.S. highways. There are also new links to various appendix materials that can be easily reached online instantly. These appendix materials include relevant sections of the federal motor carrier safety regulations, the FMCSA's Interstate Truck Driver's Guide to Hours of Service, the Uniform Intermodal Interchange agreement, and an NTSB opinion on front impact guards.
The law surrounding commercial trucking issues is constantly evolving. The new looseleaf format of the Fourth Edition allows for annual updates of the publication to be integrated directly into the text, essentially making the Fourth Edition a “living document.” This is a significant improvement for the users of this invaluable resource.
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. Annual updates to the treatise contain abundant analysis and discussion of recent case law and regulatory developments.
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Featured Authors
David N. Nissenberg
David N. Nissenberg
There is perhaps no authority in the United States with as wide a range of experience in truck-related litigation as David N. Nissenberg. A trial lawyer for over 30 years, he has participated in cases involving truck and trailer accidents, defective truck parts and products, commercial vehicle warranties, defective truck repairs, premises liability, and disputes involving the interpretation of lease agreements and insurance contracts. He has practiced transportation law before state and federal administrative agencies including the Interstate Commerce Commission and the Federal Maritime Commission.
Mr. Nissenberg lectures and writes frequently on trucking litigation. Since 1996, he has presented a four-hour MCLE seminar entitled Truck Accident Litigation in a Nutshell under the auspices of the Truck Litigation Resource Center over 300 times to thousands of attorneys in 47 different states. For over 20 years, he was a writer for and contributing editor to numerous trucking trade publications. Mr. Nissenberg is a graduate of Brown University and the University of Miami School of Law.
Table of contents
VOLUME 1
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
VOLUME 2
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
Chapter 17. Legal Issues Involved in Intermodal Transportation
