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Kenneth L. Shigley
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Kenneth Shigley’s Legal Guides

12 total


  • Georgia Trucking Regulations

    Georgia Trucking Rules Like all states, Georgia has adopted by reference the bulk of the Federal Motor Carrier Safety Regulations for regulation of intrastate trucking. With some limited exceptions,

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  • In Georgia, insurance contracts are construed to protect reasonable expectations of insureds

    Construction of insurance policies under Georgia law Where a term of a policy of insurance is susceptible to two or more constructions, even when such multiple constructions are all logical and reaso

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  • Insurance required for interstate motor carriers -- tractor trailers -- big rigs

    Purpose of financial responsiblity rules for interstate motor carriers 49 C.F.R. § § 387.1 states: “The purpose of these regulations is to create additional incentives to motor carriers to maintain

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  • Linking safety regulation violations to the cause of a commercial truck crash

    Need to establish proximate cause link between rule violations and crash In order to use FMCSR violations to support liability or punitive damages, it is essential to establish that the violation was

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  • Federal Motor Carrier Regulations often referred to in tractor trailer ("big rig") crash cases

    Knowledge and compliance with rules required 49 C.F.R. § 390.3(e) requires: (e)(1) Every employer shall be knowledgeable of and comply with all regulations contained in this subchapter

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  • Foundation of federal motor carrier safety law

    Motor Carrier Act of 1935. Arising from the combination of increasing motor transport of freight and the trauma of the Great Depression, the Motor Carrier Act of 1935 focused primarily on financial s

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  • Why it is important to get an early, quick start on a claim after a tractor trailer or big rig crash

    Standard tactics of insurance adjusters designed to lull you into inaction while evidence is destroyed 1. Pretending to be your friend. They try to become friends with a family by apologizing and off

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  • Punitive damages in commercial trucking cases in Georgia

    Georgia law on punitive damages Punitive damages under Georgia law are designed to "penalize, punish or deter" conduct that shows "willful misconduct, malice, fraud, wantonness, oppression, or that e

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  • Rules for Tired Truck Drivers in Interstate Commerce

    Driver Impairment 49 C.F.R. § 392.3: "No driver shall operate a commercial motor vehicle, and a motor carrier shall not require or permit a driver to operate a commercial motor vehicle, while the dri

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  • How to Determine Time Limits for Legal Actions in Georgia

    Personal Injury and Wrongful Death: 2 Years Suits for personal injury must be filed by the second anniversary of the incident that caused the injury. Property Damage: 4 years Claims for property dama

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