"Electronic-device manufacturers may avoid liability for injuries caused by distracted drivers"

Nexsen Pruet attorney Jim Bryan offers insight to North Carolina Lawyers Weekly in an article about a "case that could indicate limits on manufacturers' liability for accidents involving distracted drivers."

Reporter Paul Tharp wrote the article entitled "Electronic-device manufacturers may avoid liability for injuries caused by distracted drivers."  It details a lawsuit stemming from a pileup on Interstate 40 in Buncombe County in 2008.

The article explains how a federal magistrate has recommended that injured motorists "not be able to recover from the maker of a communications device a trucker was using at the time."  According to the judge, the case is not about how the communications products are manufactured, but rather how they are used.

Bryan, was not involved with the case, but told the paper that using various communication equipment is vital for truckers.  "I would say they are necessary in terms of complying with federal motor-carrier safety regulations.  Twenty years ago it was a CB radio. Then it was GPS tracking systems."

Bryan added that if the order is adopted, "it will help manufacturers who supply products for the trucking industry."

Jim Bryan is a member of the Trucking Industry Defense Association, Transportation Lawyers Association and North Carolina Trucking Association.  He is a member of the firm's business litigation practice group and is co-chair of its insurance litigation committee as well as its trucking and transportation committee.