News & Analysis as of

Transportation Industry Liability Negligence

Akerman LLP

Texas Supreme Court Clarifies Proximate Cause in Catastrophic Highway Accident – Werner Enterprises, Inc. v. Blake

Akerman LLP on

On June 27, 2025, the Texas Supreme Court issued its opinion in Werner Enterprises, Inc. v. Blake, No. 23-0493, providing significant guidance on the doctrine of proximate cause in Texas negligence law. The Court reversed a...more

JUSTICENTER

The Difference Between a Freeway and a Highway

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Understanding the difference between a freeway and a highway is important. It can be especially relevant when evaluating fault and legal liability after a crash. In California, these distinctions can impact how a case is...more

Hanson Bridgett

Sixth Circuit Decision Raises the Stakes for Supreme Court Review and Broker Liability

Hanson Bridgett on

The Sixth Circuit recently became the latest Court of Appeals to weigh in on whether the Federal Aviation Administration Authorization Act (FAAAA) preempts claims of negligent carrier selection under state common law for...more

Phelps Dunbar

TX Supreme Court Emphasizes Negligence Does Not Always Result in “Negligent”

Phelps Dunbar on

In a recent opinion issued on June 27, the Supreme Court of Texas emphasized that the presence of negligence does not always lead to liability, and Texas law requires more from those seeking such a finding....more

Marshall Dennehey

Delaware Court Denies Motion to Dismiss, Allows Negligence Suit Against Railroad Company Over Commuter Train Incident

Marshall Dennehey on

Fontana v. CSX Transportation, Inc, 2025 WL 326209, No. K24C-04-018 (JCC) (Del. Super. Ct. Jan. 28, 2025) - The Delaware Superior Court permitted an action against a railroad company to go forward, denying a motion to dismiss...more

Marshall Dennehey

Appellate Court Rejects Negligence Claim in Bus Injury Case, Finds Normal Travel Conditions

Marshall Dennehey on

McClain v. MTA Bus Co., 222 N.Y.S.3d 142 (2d Dept Nov. 27, 2024) - The appellate division addressed a common issue in transportation actions, a plaintiff alleges they were caused to fall or be injured as a result of actions...more

JUSTICENTER

Is Uber Safer Than Taxis?

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Uber and its fellow ridesharing services are immensely popular throughout the country. Customers enjoy knowing that they can quickly get a ride no matter where they are and for rates that are typically more affordable than...more

Searcy Denney Scarola Barnhart & Shipley

The Role of Cruise Ship Traffic in Florida Car Accidents: How Port Areas Create Unique Risks

Florida is home to some of the busiest cruise ship ports in the world. Not only do U.S. residents flock to the state’s cruise ports to set sail for the Caribbean, but visitors from around the world buy cruises specifically to...more

Marshall Dennehey

While Transit Entity Was Not Entitled to Summary Judgment Based on Municipal Immunity Where Issue of Fact Existed Whether Bus...

Marshall Dennehey on

Mencini v. Greater Cleveland Regional Transit Authority, 221 N.E.3d 200, 2023-Ohio-2299 (Ohio App. July 6, 2023) - This matter addressed the applicability of Ohio’s sovereign and municipal liability laws as they pertain to...more

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