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Linking Safety Regulation Violations to the Cause of a Commercial Truck Crash

Any lawyer who assumes that proof of violation of safety rules is enough to get a good outcome in a commercial trucking crash case in Georgia is dangerously inexperienced and naive.

In order to use FMCSR violations to support liability or punitive damages, it is essential to establish that the violation was a proximate cause of the crash. Some judges don’t easily grasp the obvious connection between extreme driver fatigue and driver error.

For example, in one Georgia case the court failed to recognize driver fatigue and extreme hours of service violations as proximate causes of a crash, limiting proximate cause to a stop sign violation only.

Therefore, one must consider whether a trucking safety expert may be needed to explain what should be obvious to anyone with common sense regarding the connection between violation of safety rules and the predictable results.

With such support to educate the judge and build the record for appeal, Georgia law on causation is favorable. A legal or proximate cause of injury, damage, loss or harm is any act or omission that is a contributing factor in bringing about the injury, damage, loss or harm. “What amounts to proximate cause is undeniably a jury question and is always to be determined on the facts of each case upon mixed considerations of logic, common sense, justice, policy, and precedent.” “It is axiomatic that questions regarding proximate cause are `undeniably a jury question’ and may only be determined by the courts `in plain and undisputed cases.”

Client Reviews

My family hired Ken after our parents were killed in a trucking accident in GA in 2013. We worked with Ken for 19 months before our case settled. During this time I thought Ken was outstanding. He was accessible to us at all times and maintained consistent communication. He was patient with us and...

David U., Client

When tragedy struck our family in the form of the wrongful death of our son and caused me physical injuries and changed our lives forever, we dragged our feet about hiring a lawyer. I didn't want to face having to go through the stress. Big mistake. The first thing you do is hire local counsel. I...

Carolyn R.

After my parents were killed in a tractor truck accident on December 2013, he fought hard against the insurance companies to help my brother, sister, and I. He was honest and always available to answer any questions I had. Ken went out of his way to meet with my brother and I while on vacation in...

Joan M., Client

I first met Ken when I watched him try a very difficult case involving catastrophic injuries. He was an incredibly effective advocate and was able to obtain justice for his client. I have since come to know him as one of the state's leading trial lawyers, particularly in trucking cases, which...

John H., Attorney

Ken Shigley is an excellent trial lawyer in the area of commercial trucking. He knows the specialized rules for handling truck wreck cases for the victims and their families when tractor-trailers leave a devastating loss, catastrophic injuries and deaths. He is an advocate who understands the impact...

Myles E., Attorney

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