BGS Transportation Department Attends Regional Conference
January 31, 2017 | Carole Clark IsaksonJim Wills , Carole Clark Isakson and Nicole Wiebold recently attended the 2017 TLA (Transportation Lawyers Association) Chicago Regional Seminar. This seminar attracts lawyers from 35 states and several Canadian provinces, and included a presentation by the regional director of the Federal Motor Carrier Safety Administration. The TLA is an active group of transportation attorneys, uniquely qualified to provide both education and networking. Transportation issues are generally not state specific, and having a good understanding of the federal regulatory scheme is critical. It also helps to know who to call in Texas in the case of an emergency! The TLA provides both. The seminar featured presentations from attorneys in the US, Canada and Mexico on cross boarder issues (primarily liability and choice of law concerns). A representative of the FMCSA (Federal Motor Carrier Safety Administration) reported on implemented and upcoming changes to the rules applying to many motor carriers. As with every business, trucking companies can expect ever evolving technologies to present new advantages and burdens. Electronic logging devices on many trucks will be required effective December 18, 2017. These devices capture data on the driver’s driving, engine run times, vehicle movement, miles driven, and engine hours. Seminar attendees also learned about new rule-making on safety fitness determinations for motor carriers, changes in…
Read MoreWhen Should I Give My Statement of an Auto Accident?
January 30, 2017 | Adriel B. VillarrealAuto accidents are one of the most stressful situations in this life. You car has sustained minor or major damages, you and your passengers may be injured to different levels and you have to deal with your insurance company talking to the other person or people involved in the accident. What a hassle! If you find yourself in a significant auto accident, you may need to enlist the services of a car accident attorney. As stressful as the auto accident is, there are several things to keep in mind when it comes to making your statement about the accident itself. In most cases, you will absolutely not want to make a statement about the accident to anyone without the advice of your car accident attorney. If you are approached by the police after an accident, you are required to give the officer your driver’s license, vehicle registration and proof of your insurance. You may choose to make a statement, but in most states, this is not required of you. If you do choose to give the officer a brief account of what happened, keep it very short and state only the facts. After the accident, you may receive a call from the insurance adjuster for the other vehicle involved asking for a brief…
Read MoreWhat is Legal Causation in Minnesota?
January 30, 2017 | Adriel B. VillarrealIf you are involved in a personal injury case, you know how stressful the legal aspects can be. You are already experiencing the pain of the injury itself, while at the same time navigating medical bills and court dates. With a skilled personal injury attorney on your side, you’ll be able to better navigate the challenges and map out the strengths of your case. For your personal injury case, it is very important to know about what legal causation is in the state of Minnesota. Not every case is able to recover damages for the injuries sustained. This is often due to the inability to prove legal causation. Legal causation refers to extent to which the defendant knew that what he or she was doing had the likelihood of resulting in harm to the plaintiff. Legal causation is different from actual causation, which refers to the actual cause and effect of the accident itself. So, it may be determined that a defendant did cause an accident (actual cause) but was not aware of the likelihood of their actions to cause harm (legal or medical causation.) Legal causation is also different from negligence. Negligence refers to being held liable for actions not taken, like failing to provide adequate safety measures. Since Minnesota law places…
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