The Law of Commercial Trucking: Damages to Persons and Property

Comprehensive and indispensable guide to truck-related litigation.
Publisher: Michie

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Print Book :2 volumes; hardbound with current supplement
3rd Edition
ISBN: 9780327162803
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ISBN: 9780327168416
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ISBN: 9780327168416
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If you average the National Highway Traffic Safety Administration’s (NHTSA) statistics on a weekly basis, you will find that each week 78 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 Third Edition of The Law of Commercial Trucking: Damages to Persons and Property helps judges, lawyers, risk managers, and other interested parties understand the myriad legal issues that are specific to interstate trucking. It is the only comprehensive legal text in print that is devoted to this topic and the only source you need when litigating a case involving trucks, trailers, trucking companies, drivers, or truck manufacturers, repairers, or other third parties. This latest edition contains abundant analysis and discussion of of recent case law and regulatory developments.

Any attorney who represents trucking companies or truck drivers will of course find this publication to be an invaluable research aid, and yet it provides an even greater benefit for the attorney who does not deal with trucking-related issues on a regular basis, but who finds himself or herself faced with the extremely complicated legal issues surrounding an accident involving commercial trucks or trucking companies. The reasonably-priced The Law of Commercial Trucking: Damages to Persons and Property provides the resources you need to represent client with confidence in truck-related litigation.

“David’s two-volume treatise, The Law of Commercial Trucking: Damages to Persons and Property, is the Bible for understanding commercial trucking litigation …. The treatise is a must for any litigator involved in a truck accident case.”

— National Business Institute materials on trucking regulations

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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


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