The image of a passenger car being trapped under a large commercial truck is one of the most horrifying scenes on America's roadways. These "underride crashes" occur when a car collides with and slides under the rear, side, or front of a truck. While statistics show that close to 80% of all underride crashes occur with the front (60%) or side (20%) of the truck, there are no federal safety regulations on front or side underride crashes. Surprisingly, federal regulations only establish safety standards for rear underride accidents. Author Nissenberg addresses this void in federal regulation and raises the novel legal question of whether the lack of safety guards on the front or side of a truck makes the truck a "defective product," giving rise to the use of products liability theories in such cases.
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Nissenberg, David N.
There is perhaps no authority in the United States with as wide a range of experience in truck-related litigation as David N. Nissenberg. A trial lawyer for over 30 years, he has participated in cases involving truck and trailer accidents, defective truck parts and products, commercial vehicle warranties, defective truck repairs, premises liability, and disputes involving the interpretation of lease agreements and insurance contracts. He has practiced transportation law before state and federal administrative agencies including the Interstate Commerce Commission and the Federal Maritime Commission.
Mr. Nissenberg lectures and writes frequently on trucking litigation. Since 1996, he has presented a four-hour MCLE seminar entitled ¿Truck Accident Litigation in a Nutshell¿ under the auspices of the Truck Litigation Resource Center over 300 times to thousands of attorneys in 47 different states. For over 20 years, he was a writer for and contributing editor to numerous trucking trade publications. Mr. Nissenberg is a graduate of Brown University and the University of Miami School of Law.
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