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Transportation Law
It is important to note that FMCSR applies to the company. Many times we forget this basic point when focusing on the claims. § 390.11 states that when a duty or prohibition is imposed on the driver, it is the motor carrier that is required to observe such duty or prohibition. § 390.13 prohibits anyone from aiding or abetting any motor carrier or its employees from violating the rules, and finally, § 392.1 the motor carrier has the obligation to instruct its drivers to comply with the rules.
I realize that many defense attorneys are going to be reading this brief overview of just one small topic from this very involved issue and have many comments and clarifications, but the purpose of this short article is to provide a quick reference and reminder of the challenges we need to prepare our associates, paralegals, and experts when dealing with the forthcoming claims from plaintiffs’ attorneys.
John Nunnally is a Partner with Ragsdale Liggett, PLLC in Raleigh, NC. Contact him at: jnunnally@rl-law.com.
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FDCC ANNUAL FIVES 2023