Attorneys J. Kent Emison and Mark Emison were published this week in AAJ's interstate trucking newsletter, with Trial Strategies with Negligent Trucking Companies. The article examines how recent trial successes from the firm show how trucking companies can be held responsible for the negligent conduct of their employees.
"Case law banning direct negligence claims against employers when they admit to responsibility for their truck drivers’ negligence loses its logic in a comparative negligence regime," Kent and Mark write. "It prevents juries from assessing fault to all culpable defendants, for all of the culpable conduct that led to the lawsuit. In the context of trucking cases, the negligence of trucking companies in putting incompetent and dangerous drivers on the roads is distinct from the individual negligence of the truck drivers."
The article examines how recent decisions have viewed laws in different states. Trial strategies outlined in the piece offer ideas to put clients in the best possible position to obtain a favorable verdict in truck accident lawsuits.