Category - Trucking

4
Aug

Court Announces New Rule of Liability for Unsafe Truck Cargo

A Louisiana appellate court recently decided a case of first impression regarding the duties owed between a trucker and the shipper for the safe handling of cargo. The court ruled that the trucker bears the primary burden for safely handling the cargo, except for latent or concealed defects in the cargo. The Louisiana Third Circuit …

26
May

Trucker Asleep in His Tractor Not Covered by Non-Trucking Liability Policy

A Louisiana federal court recently determined that a non-trucking liability insurance policy excluded coverage for a motor vehicle accident that occurred when a bobtailed tractor was pulled over on the side of the road while the driver slept. A “non-trucking liability” insurance policy provides insurance for “bobtailed” tractors, a tractor operated without a trailer, when …

4
Dec

Negligence Action Against an Employee and a Negligent Supervision Action Against the Employer are Mutually Exclusive

  A plaintiff cannot simultaneously pursue a negligence cause of action against an employee and a direct negligent training and supervision cause of action against the employer, if the employee was in the course and scope of employment, according to a Louisiana federal district court. The plaintiff was injured when the driver of a Greyhound …

18
Mar

Bobtail Policy Provides UM Coverage When Tractor Not Bobtailing

In the trucking industry, “Bobtailing” means that a tractor is being operated without a trailer attached.  According to the Louisiana Third Circuit Court of Appeal, a Bobtail liability policy provides the insured with uninsured/underinsured motorist coverage, even when the tractor is not bobtailing, that is, attached to a trailer. In Castille v. Blum, handed down …

12
Feb

Trucking Company’s Bad Safety Scores Not Proof of Irresponsibility

The U.S. Fifth Circuit recently upheld the dismissal of a personal injury lawsuit against a trucking company that contracted with another trucking company with high BASIC scores in unsafe driving, fatigued driving and maintenance. The plaintiffs in the lawsuit were injured in a collision with a truck operated by A&Z Transportation in November 2011. The …