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Trucking and Transportation Law

NC Court of Appeals Clarifies Calculation of Underinsured Motorist Coverage

by Austin Walsh On 5/3/22, the North Carolina Court Appeals published its decision in Tutterow v. Hall, et al. and changed the way Underinsured Motorist (UIM) carriers calculate the coverage available for UIM claims.  The holding gives UIM carriers a credit for all liability policies when tendered, not just the first liability policy that offers […]

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Pump the Brakes Before Departing

by Williams B. Britt According to the Federal Motor Carrier Safety Administration, there were 1,759,961 large truck and/or bus inspections in 2020.1 These inspections were conducted predominately at the state level and were for a multitude of reasons, i.e. related such as inoperable tail lights. In fact, out of the 1,759,961 vehicle inspections, four out […]

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500 Weeks of TTD Benefits, Part 2

by Joe D. Delfino In a recent publication, we discussed the issue of what standard the North Carolina Industrial Commission and North Carolina Courts would use to interpret the provision of the North Carolina Workers’ Compensation Act dealing with the 500-week cap on weekly TTD benefits. By way of review, for workers’ compensation claims arising […]

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DOT/FMCSA Noteworthy Updates

Allen C. Smith, Austin R. Walsh On 2/7/22, the FMCSA’s Training Provider Registry went live. The Registry maintains a list of registered training providers and a record of all individuals who have completed entry-level driver training. State agencies will have access to the Registry to verify that commercial driver’s license (CDL) applicants have completed the […]

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N.C. Farm Bureau v. Dana: Bringing Common Sense Back to Underinsured Motorist Law

by Austin R. Walsh North Carolina – On 12/17/21, the NC Supreme Court issued its opinion in North Carolina Farm Bureau Mut. Ins. Co., Inc. v. Dana i, which clarifies the maximum underinsured motorist (UIM) coverage available to claimants regardless of whether the liability coverage was exhausted based on the per-person or per-accident policy limits. […]

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AB5: A New Standard for Worker Classification – Part 3

In several recent articles, we discussed the potential impact of AB5 (now referred to as California Labor Code § 2775). The law went into effect on January 1, 2020, addressing the classification of workers as employees or independent contractors.  Several lawsuits were filed challenging AB5. In one the California Trucking Association filed a lawsuit contending […]

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DOT/FMCSA – Noteworthy Updates

On 11/12/21, the U.S. Court of Appeals for the D.C. Circuit threw out portions of the 2016 Greenhouse Gas Emissions and Fuel Efficiency Standards for Medium- and Heavy-Duty Engines and Vehicles – Phase 2 (“Phase 2”) as it relates to trailers, tanks, car carriers, logging trailers, and platforms. The Rule, which was set to take […]

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What are the Potential Legal Implications of Fully Autonomous Vehicles?

Autonomous vehicles are the future as evidenced by a September software release that allows every new Tesla to become a fully self-driving vehicle. How will motor vehicle laws adapt to the rise in this technology? In North Carolina, “the operator of a fully autonomous vehicle with automated driving system engaged is not required to be […]

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Are employees entitled to more than 500 weeks of benefits?

Before June 24, 2011, injured employees were eligible for lifetime Temporary Total Disability (TTD) benefits for the duration of their disability. In 2011, the North Carolina legislature passed revisions to the Workers’ Compensation Act. One of the revisions altered N.C. Gen. Stat. § 97-29(b), which now states: The employee shall not be entitled to compensation […]

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Increasing Minimum Limits Will Not Prevent Nuclear Verdicts, But You Can

In my previous article, I discussed whether the proposed tort reform for raising minimum liability insurance coverage is the answer for the increasing size of jury verdicts from 2010 to 2018. As a reminder, the average jury verdict against commercial motor carriers increased by approximately 1000% from 2010 to 2018. To combat this issue, proponents […]

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