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100% Defense Verdict in Forklift Case

Reviewed by a Mechanical Engineering Expert Witness

TASA ID: 7934

About 10:30 am on the morning of 26 October 2007, Jose Avalos was delivering slabs of granite to a local installer.  The countertops were being loaned to the installer to be displayed at an open house barbeque for customers that was to take place later that day.  Mr. Avalos brought two A frames and between four and eight slabs of granite on a 20' flatbed gooseneck trailer.
 
Upon arrival, two of the installers employees proceeded to unload the truck.  One of them drove a Hyster forklift that had a custom boom attached to the forks and had a gravity clamp (Abaco Lifter) that hung down from the end of the boom.  The lifter was at the end of the boom. The setup is shown below:

Commercial Transportation Hours of Service Rule:

The Effect on Driver Behavior

TASA ID: 6742

Abstract


In an effort to decrease accidents and unsafe practices and determine cause, this applied dissertation researched the impact of the Hours of Service rule implemented by the Federal Motor Carrier Safety Administration on commercial driver and commercial carrier behaviors. The Hours of Service rule served as a method to increase safety on highways by regulating and monitoring the driving hours of the commercial driver. This study attempted to discover whether this rule had an impact on driver behavior as well as commercial carrier behavior. 

This study was designed to answer questions directed toward safety, compliance, and effective ways to assert safety compliance including if the Hours of Service rules are effective in modifying behaviors associated with safety, whether the Hours of Service rules are effective in modifying behaviors associated with compliance, and if the Hours of Service rules an effective way to assert safety compliance within the commercial transportation industry.

To arrive at these conclusions, the researcher conducted a study that used surveys completed by commercial drivers and motor carrier representatives. It was determined that overall, most drivers agree that various methods of enforcement are necessary; they do not necessarily abide by them. The primary reason given was the loss of financial gain that adherence creates.  The study may benefit businesses, individuals, and communities that are involved in the transportation industry by adapting methods of enforcement that do not penalize a driver financially. The solution can be as simple as an increase in wages for the driver. 

This may not be of financial benefit to the motor carrier company in the form of immediate profit but serves as a profit in the form of avoidance of probable law suits initiated by persons affected in a motor carrier accident. It is also of profit to the motor carrier in reduced insurance premiums and equipment replacement.

 

To read more, download the article below. 


An Overview of Vehicular Accident Reconstruction

TASA ID: 1183

The Science

Vehicular accident reconstruction is a fascinating science.  It is different from other engineering analyses in that an unplanned event, the collision, is the focus of the analysis.  Things do not unfold in any planned sequence, and often evidence is missing or has many missing elements in it.  So accident investigation often has a real cloak-and-dagger aspect to it.

Off-Road Vehicle Accidents

TASA ID:

Off-road vehicle use and available products for the consumers to use off-road has increased dramatically over the past several decades.  With the increased use, the number of accidents resulting in serious injuries and death to the users have also increased in alarming numbers.  Many of these accidents are not caused by the users of these vehicles, but instead, are caused by the defects that are inherent in some of these off-road vehicles.  

The New Transportation Broker Law - Map 21

An Analysis for Attorneys

TASA ID: 2109

Source: LoadTraining.com - Broker Training Institute

Many motor carrier accidents involve a dispatch by a transportation broker. The broker’s usual position in the event of an accident is “to run away” from responsibility, thinking incorrectly, that they are not liable. However; If any of the broker’s actions in the act of transportation, are normally, actions reserved, in common practice, to a motor carrier, the Broker may be held to strict liability, in that transportation event. 

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