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Danger on the road

February 2008 | Volume 44, Issue 2

Txt msgs and other driving distractions
Robert L. Sachs Jr.

Our cars, like our homes and offices, have become chock-full of electronic gadgets. And that’s made them more dangerous: Studies show that drivers are increasingly likely to have serious accidents if they are distracted by cell phones, GPS systems, MP3 players, video players, and laptop computers. Find out if your client’s accident was caused by a driver who was watching a screen instead of the road.

Finding insurance in truck crash cases
Michael Jay Leizerman

In most tractor-trailer accidents, failure to give notice of a claim to an insurance company defeats coverage. But if the crash involves a commercial motor carrier, your client is protected by the federally mandated Motor Carrier Safety (MCS)-90 endorsement attached to the carrier’s policy. Growing case law has bolstered the power of the MCS-90, and understanding how to use it will ensure that your clients receive just compensation for their injuries.

New technology fuels crash reconstruction
Steven M. Schorr

Accident investigation used to be a matter of hand-measuring and educated guesswork. But new technologies have made the job easier, faster, and much
more accurate. Laser scanners, computer-aided collision reconstruction,
photogrammetry, and black-box data are key parts of the modern investigator’s toolkit and can help you pinpoint invaluable information about a crash.

Driving the dram-shop case
Michael J. Hopkins

Most courts use a “visible intoxication” standard for holding bar owners and employees liable for continuing to serve alcohol to someone who was clearly drunk. But the defense can be quick to offer a range of excuses for not noticing a customer’s state, ranging from the loudness of the bar to drunken eyewitnesses. Here’s how to counter the usual defenses in a dram-shop case, and make sure that liquor licensees live up to their obligation to keep their customers—and the public—safe.

Your first auto case
Edward H. Moore

You’re a new lawyer, and you’ve landed your first auto crash case. Now you need to investigate the accident, track down paperwork, prepare your witnesses, and take care of many other details. This guide will help you ensure that both you and your client are ready to go to court or settlement.

Feature

A clear path for railroad negligence cases
Sharon L. Van Dyck

In 2002, a horrific railway accident in Minot, North Dakota, focused public and congressional attention on how the expansion of federal preemption had immunized railroad companies from real accountability. Last year, Congress amended the Federal Railroad Safety Act to limit preemption, clearing the way for victims of railroad negligence to seek justice.

News & Trends

Widely advertised ‘restless legs’ drugs move into court

New York’s high court allows ex parte interviews after discovery

Court policies on sealed and secret information diverge

Maryland judge rubs out fingerprint evidence

Judges need better security, says Justice Department report

Ninth Circuit rules ADA plaintiff can sue for barriers not encountered

Departments

President’s page
Defending justice, one case at a time

Letter

Supreme Court review
Court may put its own spin on money-laundering question

Speaking & writing

Good counsel

Hearsay

Justice in motion

Momentum builds in Congress to end mandatory arbitration

California is first to protect children from unsafe plastics

AAJ programs let members learn when and where they want

Fight for Justice campaign undermines ATRA ‘hellholes’ report

Books

Federal Preemption: States’ Powers, National Interests by Richard A. Epstein and Michael S. Greve, editors

Supreme Discomfort: The Divided Soul of Clarence Thomas by Kevin Merida and Michael A. Fletcher

Experts & Professional Services

Classifieds

Lawyer Networking

Products & Services

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