Transportation Law

Created in 2024 by the ALFA International Transportation Practice Group members, this 50-state compendium is an important resource.

The purpose of the Compendium is to provide a comprehensive source of information for ALFAI clients concerning relevant transportation law issues across the nation. The Compendium contains a quick reference for 11 common topics relating to transportation litigation. Click on the topics below to see each state’s answer to the question posed.

1. Does your state permit discovery of 3rd party litigation funding files and, if so, what are the rules and regulations governing 3rd party litigation funding?
2. Does your state permit discovery of 3rd party medical funding/ factoring company files and, if so, what are the rules and regulations governing medical funding/factoring?
3. Does your state allow testimony at trial of the full amount of medical bills? What about medical-legal liens?
4. At what point in time is surveillance discoverable in your state? Do you have to disclose it? If you have it and don’t disclose it, what are the consequences?
5. Are there any rules and regulations in your state governing the use of videotaped deposition testimony of an expert or party witness at trial?
6. Does your state permit an expert to testify at trial as to the content of the FMCSRs or the applicability of the FMCSRs to a certain set of facts?
7. What is your state’s current status of using Zoom technology for hearings and trials? Are there any rules and regulations governing the use of Zoom technology for hearings and trials?
8. Are there any benefits or consequences in your state for a motor carrier to admit vicarious liability of a driver?
9. Can an expert medical witness testify at trial as case specific hearsay? Are there any limitations?
10. Does your state have any limitations on the type and/or amount of fees that may be charged relative to towing or storing? What strategies or tactics have you used, if any, to successfully combat predatory towing companies, including litigation?
11. Has your state, federal district courts, or federal circuit court addressed the issue of whether a negligent selection claim against a load broker is preempted by the Federal Aviation Administration Authorization Act of 1994? If so, describe it/their respective position(s) on the issue.

This data was intentionally designed only to be a general reference guide, and not an exhaustive analysis of each state’s law on these subjects. Should you have questions, please contact a member of the ALFA International Transportation Practice Group, who can provide an in-depth analysis.