Under federal regulation 49 C.F.R. §382.303, drivers of commercial motor vehicles are required to undergo drug ("controlled substance") and alcohol testing following an accident if certain circumstances are involved. Importantly, §382.303 also imposes strict time limits within which drug/alcohol testing must occur, and even prevents testing if the allotted time has passed. Lastly, if alcohol/drug tests were required, but not completed, §382.303 requires documentation of the circumstances that prevented such testing.
The Effect and Limits of Corporate Representative Testimony
In a variety of litigation contexts, including personal injury litigation, where there is a corporate defendant depositions of a corporate representative have become commonplace. Frequently, these depositions are used to underline the liability of the corporation that is accused of some wrongful act. However, under both the Texas and Federal Rules, the impact and limitations of this form of discovery is frequently obscure.
Collisions & Intoxicants: Admissibility of Evidence Concerning Mental Health and Drug Use
In JBS Carriers, Inc v. Washington, et al., the Texas Supreme Court addressed and clarified two important evidentiary issues in the context of a pedestrian-truck collision: (1) the standard for admissibility of evidence concerning mental health and drug or alcohol use and (2) the standard for evaluating negligent training claims.
When the Regulators Come A' Callin': How to Survive a DOT Audit
Regulations, Regulations, and more Regulations. Whether its equipment safety, insurance and risk, driver conduct, or any number of other issues, intrastate and interstate motor carriers, whether carrying persons or property, are among the most heavily regulated industries in the country. Title 49, the Transportation Code of the United States, by itself consists of 10 subtitles, 7 of which affect motor carriers, broken down into 1580 Parts, each of which contain hundreds to thousands of discreet sub-parts-and that is just for the Department of Transportation. That does not include other government agencies that impact motor carriers.
Tips for Young Lawyers (and other professionals)
For any professional striving to manage heavy workloads and achieve some type of work-life balance, time management is key. Here are a few time management tips I have learned as a young attorney:
Lawsuits for Sale - A Troubling Trend in Civil Litigation
There has always been a question of how a Plaintiff's attorney should fund their costs. For cases pursued purely on a contingency fee, there is usually a trust fund account used. However, an alarming new trend from across the Pacific and Atlantic has made its way to the shores of the United States that defense lawyers (and their clients) should find very troubling; third party litigation funding.
