Menu
Washingtoner
  • Home
  • Financial
  • Technology
  • Non-profit
  • Services
  • Boeing
  • Business
  • Daryl Guberman
  • Education
Washingtoner

Hoy Law Wins Supreme Court Decision Establishing Federal Trucking Regulations as the Standard of Care in South Dakota
Washingtoner/10316800

Trending...
  • Spokane: Funding Available for Tourism and Cultural Investment Grant
  • At 25, She Became One of the Youngest AAPI Female Founders to Win One of the World's Most Prestigious Design Awards for a Lamp That Makes You Smile
  • Spokane: City Council Adopts "Immigration Enforcement Free Zones" Ordinance
Hoy Law Wins Supreme Court Decision
SIOUX FALLS, S.D. - Washingtoner -- The South Dakota Supreme Court's February 4, 2026 decision in Hamer v. Duffy, 2026 S.D. 4, establishes that violations of Federal Motor Carrier Safety Regulations can constitute negligence per se under state law, reshaping how truck accident cases will be litigated and settled statewide. Hoy Law of Sioux Falls represented Justin and Kim Hamer and secured the landmark ruling.

The case arose from an April 2019 collision at a malfunctioning traffic signal near the Interstate 29 interchange in Lincoln County. Justin Hamer, driving a pickup, was struck by a commercial truck operated by Paul Duffy of Cornerstone Poured Foundations. With no independent witnesses and both drivers claiming right of way, the case went to trial, but not before pretrial rulings stripped it down to almost nothing.

The trial court excluded both of Hamer's expert witnesses, blocked his attempt to raise federal trucking regulations, and refused to instruct the jury on those standards. One expert would have testified about Duffy's fatigue from working 13-hour days on fragmented sleep. An accident reconstructionist had calculated Duffy had nearly five seconds to react to Hamer's vehicle. Without that testimony or any federal regulatory framework, the jury found both drivers negligent but awarded Hamer nothing under South Dakota's contributory negligence standard.

More on Washingtoner
  • Federal Contract Fraud: The GUBERMAN Anomaly Exposes Boeing–ANAB Collusion in Contract 19AQMM18R0131
  • Simpalm Staffing Services Launched its Refreshed Website for Remote Staffing Services
  • Claude Riveloux Review 2026: How the $10B Fund Manager Dispels 'Scam' Rumors Through Education
  • Pure Energy Electrical Services, LLC Announces Strong Start to 2026, Reinforcing Customer-First Electrical Service Across Northeast Florida
  • The GUBERMAN Anomaly: Boeing's Alliance with ANSI–ANAB Exposed in Federal Contract 19AQMM18R0131

Hoy Law appealed, and the Supreme Court unanimously reversed on three grounds. First, it held that the FMCSRs, adopted into state law under SDCL 49-28A-3, establish the standard of care for commercial truck drivers, and that unexcused violations constitute negligence per se. The Court rejected the defense argument that these regulations don't create a private cause of action. Second, the Court found the trial court abused its discretion in excluding both experts, noting their testimony provided specialized knowledge beyond what any layperson could bring. The Court also observed that defense counsel argued the very issues in closing that the excluded experts would have addressed. Third, the Court ruled the jury should have been instructed on 49 C.F.R. § 392.3, which prohibits operating a commercial vehicle while impaired by fatigue.

The implications reach beyond this case. The FMCSRs cover hours of service, hazardous condition driving, vehicle maintenance, and driver qualifications. Any of those can now support a negligence per se claim when a violation causes injury, shifting the trial question from whether a truck driver acted "reasonably" to whether the driver broke a specific safety rule. It also changes settlement dynamics, giving plaintiffs concrete regulatory violations to point to. Because employers are liable for employees' negligent acts on the job, trucking companies in South Dakota face direct accountability when drivers violate federal safety rules.

More on Washingtoner
  • Danholm Collection Launches Boutique Luxury Real Estate Brokerage in Central Florida
  • Sellvia Market Expands Curated Store Portfolio for Dropshipping Sellers
  • Food Journal Magazine Raises the Standard for Restaurant Reviews in Los Angeles
  • StaffReady Expands Its Clinical Workforce Platform with ScheduleReady Compliance and Scheduling Suite
  • Williamsville Spa Expands Team to Meet Growing Demand for Professional Facials

Thanks to Hoy Law taking this case to the state's highest court, the Hamers will get a new trial where their full case can finally reach a jury.

Source: Hoy Law

Show All News | Report Violation

0 Comments
1000 characters max.

Latest on Washingtoner
  • Tacoma City Council Votes to Enter Negotiations with Hyun Kim for City Manager Role
  • Tacoma: Registration Now Open for Grit City Connect Networking Event
  • HiLine Homes Celebrates Grand Opening of Marysville Model Home with Ribbon-Cutting Ceremony
  • Spokane: City Council Bans Use of Private Property for Detention Facilities
  • Spring Surge in 55+ Communities: What Buyers and Sellers Need to Know in 2026
  • Spokane: City Council Adopts "Immigration Enforcement Free Zones" Ordinance
  • Spokane City Council Approves Prohibition of Kraton Sales
  • Jason Caras Launches The Caras Institute Following Successful Exit from IT Authorities
  • Tacoma: Mayor Anders Ibsen to Deliver First State of the City Address on March 4
  • Serina Damesworth Hired as Century Fasteners Corp. – Director of Quality
  • City of Tacoma to Host Free Virtual 'Capability Statements 101' Workshop on March 11
  • City of Tacoma to Host Free 'AI for Small Business' Workshop on March 10
  • Spokane: Downriver Golf Course Opens March 6, 2026
  • National Expansion Ignited Across Amazon $AMZN, Chewy $CHWY & Walmart $WMT: NDT Pharmaceuticals, Inc. (Stock Symbol: NDTP) $NDTP
  • Distributed Social Media - Own Your Content
  • Tarrytown Expocare Pharmacy Announces Strategic Leadership Appointments to Accelerate Growth and Innovation
  • New Environmental Thriller "The Star Thrower" Reimagines a Classic Lesson in Individual Impact
  • Summit Appoints Javier Cabeza as Data, AI, and Analytics Practice Lead
  • March Is Skiing's Smartest Buying Window
  • Cancun Airport Transportation Expands Fleet Ahead of Record Passenger Growth at Cancun International Airport
_catLbl0 _catLbl1

Popular on Washingtoner

  • OneVizion Announces Next Phase of Growth as Brad Kitchens Joins Board of Directors - 144
  • Still Using Ice? FrostSkin Reinvents Hydration - 106
  • Male In Custody After North Spokane Drive By Shooting
  • Investigation Into North Spokane Shooting That Left Two Dead Continues
  • Spokane: 2026 Safe Streets For All (Traffic Calming) Updates
  • Cold. Clean. Anywhere. Meet FrostSkin
  • Ice Melts. Infrastructure Fails. What Happens to Clean Water?
  • Tacoma City Council Announces City Manager Finalists
  • Spokane: Water Wise Wednesday Workshops Begin March 4
  • Norisia Launches AI Formulated Luxury Multivitamin to Transform Daily Wellness in the UK

Similar on Washingtoner

  • Notice: Hrm Queen Laurence I Assumes Crown Control & $317q Fund. 3bn Unopoly Shares Settled. Requisition Of Buckingham Palace & Windsor Castle Final
  • Elder Abuse Case Against Healthy Traditions Owner Raises Questions As To The Dire Reality Of Abuse Against The Last Of The Baby Boomers
  • New Environmental Thriller "The Star Thrower" Reimagines a Classic Lesson in Individual Impact
  • Atlanta Tech Founder Seeks Clarity on Intellectual Property and Innovation Policy
  • CrashStory.com Launches First Colorado Crash Data Platform Built for Victims, Not Lawyers
  • 10X Recruitment Launches Operator-Led Executive Search for Behavioral Health and Legal Leaders
  • The Legal AI Showdown: Westlaw, Lexis, ChatGPT… or EvenSteven?
  • Berman | Sobin | Gross LLP Celebrates 35 Years of Advocating for Maryland's Injured Workers and Families
  • Don't Settle for a Lawyer Who Just Speaks Spanish. Demand One Who Understands Your Story
  • As Smart Contract Disputes Average $1.2M, Bilingual Finance Expert Launches Blockchain Legal Translation Services
Copyright © 2026 washingtoner.com | Terms of Service | Privacy Policy | Contact Us | Contribute