Articles Posted in Motor Vehicle Cases

So-called black boxes capture lots and lots of data of importance to lawyers in motor vehicle litigation. The information contained in these devices can literally make or break a case. In trucking cases, log books are now kept on computer by some trucking concerns.

This article talks about the fight in the trucking industry over these on-board data recorders, an issue coming to a head because the federal government may order that trucking logs be keep via computer rather than paper.

As one would expect, major resistance is coming from owner-operators. Many large trucking companies who insist that their drivers follow the law are already using on-board recording devices.

The most famous plaintiff in the history of Tennessee tort law is Harry Douglas McIntyre, of McIntyre v. Ballentine, 833 S.W.2d 52 (Tenn. 1992), fame. For those of you who are not from Tennessee, Mr. McIntyre was the gentleman whose case brought the law of comparative fault to Tennessee. The Tennessee Supreme Court decided his case on May 4, 1992.

The question for the day is this:

How many beers did Mr. McIntyre consume in the hours before his vehicle came into contact with a Peterbilt tractor driven by Mr. Ballentine?

My friend David Allen has sent word that the black box seminar mentioned in yesterday’s post has been postponed. He’s right.

I will let you know when it is re-scheduled.

Thanks David. You da’ man.

The ABA is hosting an interesting teleseminar on June 1, 2005. The seminar will address issues concerning automotive event data recorders. These devices are constantly capturing data in modern vehicles; the failure to understand what these devices can do to help or harm your cases could be devastating.

The United States Senate has heard testimony from the DOT Inspector General about the need for stronger deterrents to deter “egregious” hour-of-service violations in the absence of mandatory on-board data recording devices for over-the-road truckers. Tragically, the inspector said that some truckers view the current fines as just a cost of doing business. Read the article about the testimony here.

The Federal Motor Carrier Safety Administration has withdrawn a proposal to mandate placement of the devices on trucks, but courts have ordered a review of that decision.

There are many trucking companies that act responsibly. However, there are far too many that force drivers to driver over the mandatory limits of hours of service or who permit drivers to do so. After all, many truckers get paid by the mile, which means that if they are not moving they are not getting paid.

You cannot (or at least I cannot) get a real feel for a motor vehicle accident scene without going there.

I need to stand and watch traffic move in the area. I want to look at the scene from the viewpoint of all of the participants. I have to get that feel of the area before I take depositions in the case. Intimate knowledge of the scene allows you readily respond to issues that arise in depositions about the scene itself, giving you the opportunity to get helpful admissions or allowing your adversary (or a witness) to make errors that you can later prove.

So, I encourage you to leave the office and visit the scene of the motor vehicle crash. Try to go at the same time of day as when the incident occurred. If you need to take measurements I would encourage you to go very early in the morning when the sun is just coming up but before the traffic gets heavy. Sunday mornings are the best.

Thanks to Evan Shaeffer – a man who has time for two blogs and a law practice – for directing me to this helpful article on how to take photographs of vehicles.

You would think it was simple. Not. This article gives some great tips on taking photos that give you the information you need. The main thing I get from this article is that if you have a case where the injuries warrant it (from a financial stanpoint) it makes sense to have a professional take the photographs. It smaller cases these tips may help you improve upon the photos you take yourself.