Strategies, Challenges, and Answers

How To Challenge An FMCSA Notice of Claim.

When a Motor Carrier faces an FMCSA Notice of Claim for violations of the regulations, what are the Motor Carrier’s options?  An explanation of its choices is found at 49 CFR 386.14.  Those choices are three:

Challenging FMCSA Penalties, Nevada Trucking Association, Nevada Trucking Lawyers, Mills & Associates, Nevada Trial Lawyer, Nevada Court System, Nevada Motor Transport Association, Nevada Appellate Lawyer 702-240-60601.  Accept that all of the charges are correct and either pay the penalty immediately or arrange a payment plan as arranged by the administrators at FMCSA.  Alternatively the company can plead to the FMCSA in writing why the penalty should be reduced and discuss a potential settlement (i.e. payment plan).

2.  Challenge the validity of the charges by filing a written answer to the charges.  This choice requires either an administrative hearing that someone will have to attend or an adjudication based upon the documents submitted. It would be advisable if the Motor Carrier is going in this direction that it hire an attorney. [Continue reading]

Nevada’s Auto Liability Compulsory Insurance Minimums To Increase

Increase in Minimum Limits

I have been practicing law in Nevada for nearly 30 years. For as long as I can remember, Nevada has required autos registered in this state to have bodily injury automobile liability insurance of at least $15,000 per person / $30,000 per occurrence.  … [Continue reading]

Not Everyone Agrees That Nevada Will Follow Majority Rule Dismissing Negligent Entrustment / Supervision / Training Where Motor Carrier Admits Course And Scope

Negligent Entrustment

Readers of the Nevada Trucking Law Blog know that Nevada Supreme Court has yet to decide whether claims of negligent hiring, training, supervision or retention can survive once an employer has admitted its employee driver was in the course and scope … [Continue reading]

Nevada Supreme Court Enforces Employee Exclusion

Employee Exclusion

Pacific Clay Products makes concrete pipes.  Pacific Clay Products tells its driver, Mr. Wambolt, to deliver a load of concrete pipes to Ace Plumbing & Heating in Las Vegas, Nevada.When Mr. Wambolt arrives in Las Vegas, he needs a forklift to … [Continue reading]

TIDA Volunteers Assist NPHY

Trucking Industry Defense Association

   On the morning of October 25, 2017 BLWM attorney Mike Mills and a dedicated group of volunteers descended upon the Nevada Partnership for Homeless Youth (NPHY) drop in shelter to lend a hand.The volunteers were in … [Continue reading]