ATA Chief Takes On Truck-accident Lawyers

Topic 26748 | Page 1

Page 1 of 1
DaveW's Comment
member avatar

American Trucking Associations President and CEO Chris Spear is fed up with exorbitant lawsuits against trucking companies and their drivers, and is asking trucking industry leaders to join him in lobbying Congress for tort reform legislation.

ATA chief takes on truck-accident lawyers

Rick S.'s Comment
member avatar

I've seen the billboards for "truck accident attorneys". Due to the high amounts of insurance and the public perception that the TRUCK IS ALWAYS WRONG - our trucks might as well have bullseyes on them.

The cases illustrated in the article - should have NEVER MADE IT INTO A COURTROOM - there the driver of the truck is so obviously NOT AT FAULT.

I'm not to sure what kind of "tort reform legislation" will fix this. Such reform should be applicable to ALL ACCIDENTS, where the party being sued is plainly not at fault. And this is going to have to happen at a state level - since most of these claims are not filed in FEDERAL COURT.

And as soon as the company makes an offer to a "nuisance claimant" - because it's cheaper to throw a few $$'s at it, than it is to litigate (and risk a huge payout) - it's like they are admitting liability.

And again - with trucks being the "murdering demons" they are made out to be in public perception - a good attorney can always convince a jury of some kind of "contributory negligence". Like the case in the article that the truck should not have been driving in those conditions. Like, then WHY THE HELL WAS THE WOMAN DRIVING IN THOSE CONDITIONS.

Rick

Dm:

Dispatcher, Fleet Manager, Driver Manager

The primary person a driver communicates with at his/her company. A dispatcher can play many roles, depending on the company's structure. Dispatchers may assign freight, file requests for home time, relay messages between the driver and management, inform customer service of any delays, change appointment times, and report information to the load planners.

HOS:

Hours Of Service

HOS refers to the logbook hours of service regulations.
Rick S.'s Comment
member avatar

OTOH - this goes hand-in-hand with a bill in congress to raise the insurance requirements to $5 Mil. Which will price a lot of the smaller operators out of the industry- and ENCOURAGE MORE of these kind of lawsuits with the anticipation of an EVEN BIGGER PAYOUT.

Conversely - I always hope if I get hit by another driver in my car - that it's a COMMERCIAL DRIVER. At least there's some $$ there to be had...

Rick

PJ's Comment
member avatar

I heard an interview on roaddog radio when this new higher insurance level came up about it. One of those truck accident attorney’s wife is the lobbyist pushing the bill in congress. No conflict of interest there😮😮

HOS:

Hours Of Service

HOS refers to the logbook hours of service regulations.
G-Town's Comment
member avatar

This article aligns with a point I have repeatedly touted;

- The overwhelming majority of non-CDL drivers have little to no formal training and as a whole are ambivalent to prudent and safe driving, the laws, the rules and basic common-sense. I see it every day...over and over again, no regard for personal safety or the safety of the others around them, as if they are driving in some indestructible, protective bubble surrounding their top-heavy, short wheelbase SUV as they focus on everything BUT driving. Driving has become a distraction from personal entertainment and social media. Unfortunately as professionals we not only need to drive for ourselves, but also anticipate every possible boneheaded move a 4-wheeler will deliberately make.

If there is any one thing that will push me out of the drivers seat and into early retirement ...it's this. All other BS aside, this is the biggest problem we all face. And unfortunately it's getting worse. Not unlike big pharma wanting the entire country "sick"... more money in that model for them. Bad drivers, ducking personal responsibility are a cash cow for billboard lawyers.

CDL:

Commercial Driver's License (CDL)

A CDL is required to drive any of the following vehicles:

  • Any combination of vehicles with a gross combined weight rating (GCWR) of 26,001 or more pounds, providing the gross vehicle weight rating (GVWR) of the vehicle being towed is in excess of 10,000 pounds.
  • Any single vehicle with a GVWR of 26,001 or more pounds, or any such vehicle towing another not in excess of 10,000 pounds.
  • Any vehicle, regardless of size, designed to transport 16 or more persons, including the driver.
  • Any vehicle required by federal regulations to be placarded while transporting hazardous materials.
Matt M.'s Comment
member avatar

Https://cdllife.com/2019/police-cleared-truck-driver-of-wrongdoing-in-fatal-crash-but-the-family-is-still-suing-for-10-million/

Just read this article yesterday. Driver doing everything right and finds himself being sued by a lady that lost control and wrecked into him. A lot like the recent Werner case recently where a jury awarded the "victim" nearly $100 million. In that case the car lost control, crossed a median to crash into the truck, and then sued. Pretty sure that got vacated but still.

I'm all for these idiots that are too busy with their cellphone to notice stopped traffic going to prison when they plow through a bunch of people, but some of these civil cases against trucking companies and their drivers are insane.

CDL:

Commercial Driver's License (CDL)

A CDL is required to drive any of the following vehicles:

  • Any combination of vehicles with a gross combined weight rating (GCWR) of 26,001 or more pounds, providing the gross vehicle weight rating (GVWR) of the vehicle being towed is in excess of 10,000 pounds.
  • Any single vehicle with a GVWR of 26,001 or more pounds, or any such vehicle towing another not in excess of 10,000 pounds.
  • Any vehicle, regardless of size, designed to transport 16 or more persons, including the driver.
  • Any vehicle required by federal regulations to be placarded while transporting hazardous materials.
Rob D.'s Comment
member avatar

With regard to who was at fault in the accident, Texas is a comparative fault state meaning that even if you were 49% at fault you can still sue for damages. I could not find the actual jury verdict, but below is a quote from the article linked further below showing the jury's determination of fault among the parties.

The jury found Werner 70 percent responsible for causing the injuries, its driver 14 percent responsible and the driver of the plaintiffs’ vehicle 16 percent responsible.

So the jury did find that the truck driver was less at fault than 4 wheel driver. However, the jury found overwhelming responsibility directly on Werner.

The article mentions

Werner-owned truck that was allegedly inadequately equipped with sufficient safety features.

I don't know what they mean by this, but I would also not be surprised that the evidence may have involved dispatch insisting that the driver continue despite reservations from the driver.

The articles also state that Werner planned to appeal. I could not find any follow up articles regarding the results of that appeal.

Werner $90 million Texas Lawsuit

OWI:

Operating While Intoxicated

Bird-one's Comment
member avatar

I could rant about this all night. Interested in knowing how the jury came up with the number of Werner being 70 percent responsible. 70 percent bigger than the car perhaps. 90 million dollars is absolutely insane. For what? Making Werner pay anything in my opinion is insane. But hey, a jury can do whatever they want. No doubt a tragic incident but c'mon now. What if the driver missed the truck, and slammed into the ditch with the same outcome? Sue the state for not having a safety barrier? Roads weren't salted properly? My guess is the verdict was Werner has money and this family has been devastated by this accident so lets get that money.

No amount of money will change the outcome of what happen.

OWI:

Operating While Intoxicated

Page 1 of 1

New Reply:

New! Check out our help videos for a better understanding of our forum features

Bold
Italic
Underline
Quote
Photo
Link
Smiley
Links On TruckingTruth


example: TruckingTruth Homepage



example: https://www.truckingtruth.com
Submit
Cancel
Upload New Photo
Please enter a caption of one sentence or less:

Click on any of the buttons below to insert a link to that section of TruckingTruth:

Getting Started In Trucking High Road Training Program Company-Sponsored Training Programs Apply For Company-Sponsored Training Truck Driver's Career Guide Choosing A School Choosing A Company Truck Driving Schools Truck Driving Jobs Apply For Truck Driving Jobs DOT Physical Drug Testing Items To Pack Pre-Hire Letters CDL Practice Tests Trucking Company Reviews Brett's Book Leasing A Truck Pre-Trip Inspection Learn The Logbook Rules Sleep Apnea
Done
Done

0 characters so far - 5,500 maximum allowed.
Submit Preview

Preview:

Submit
Cancel

Join Us!

We have an awesome set of tools that will help you understand the trucking industry and prepare for a great start to your trucking career. Not only that, but everything we offer here at TruckingTruth is 100% free - no strings attached! Sign up now and get instant access to our member's section:
High Road Training Program Logo
  • The High Road Training Program
  • The High Road Article Series
  • The Friendliest Trucker's Forum Ever!
  • Email Updates When New Articles Are Posted

Apply For Paid CDL Training Through TruckingTruth

Did you know you can fill out one quick form here on TruckingTruth and apply to several companies at once for paid CDL training? Seriously! The application only takes one minute. You will speak with recruiters today. There is no obligation whatsoever. Learn more and apply here:

Apply For Paid CDL Training

About Us

TruckingTruth was founded by Brett Aquila (that's me!), a 15 year truck driving veteran, in January 2007. After 15 years on the road I wanted to help people understand the trucking industry and everything that came with the career and lifestyle of an over the road trucker. We'll help you make the right choices and prepare for a great start to your trucking career.

Read More

Becoming A Truck Driver

Becoming A Truck Driver is a dream we've all pondered at some point in our lives. We've all wondered if the adventure and challenges of life on the open road would suit us better than the ordinary day to day lives we've always known. At TruckingTruth we'll help you decide if trucking is right for you and help you get your career off to a great start.

Learn More