Nuclear Verdicts Get Carriers Rethinking Safety Training Programs

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DaveW's Comment
member avatar

In a recent jury verdict that evoked superlatives among the trucking news media like "historic," "record," and "biggest ever," a Florida jury has awarded a motorcycle rider $411.7 million for injuries he received in an accident on westbound I-10 in Tallahassee, Florida.

Nuclear verdicts get carriers rethinking safety training programs

Guy B.'s Comment
member avatar

Https://www.freightwaves.com/news/transportation-lawyer-411m-nuclear-verdict-shows-jurors-had-free-rein

Good add-on article to this story

Rick S.'s Comment
member avatar

Benjamin Crump - the Al Sharpton of attorneys. Whenever there is an incident with a member of the african american community - BEN CRUMP to the rescue. He rose to fame with the Trayvon Martin case.

From the Landline (OOIDA) Magazine Article

This is far from Crump’s first national headline-grabbing case this year alone. A prominent civil rights attorney, Crump is also the attorney for the families of Breonna Taylor, George Floyd, Ahmaud Arbery and Jacob Blake, all of whom were killed by police earlier this year. His prior cases include those of Trayvon Martin, Michael Brown and a pending settlement in Flint, Mich., for the city’s harmful levels of lead in its drinking water.

FYI - Jacob Blake didn't die. So with attorneys getting 33-40% of the settlement - old Ben the ambo/race chaser is doing quite well for himself. If you can't tell - I DESPISE THE GUY.

So - the trucker jackknifes causing a pile-up - speed may have been a factor (always blame the truck driver). The motorcycle rider SPEEDS INTO (could not stop in time - means SPEEDS INTO) a multi-car pile-up that he "didn't see" (because you can't see 45 cars PILED UP in front of you). There were likely 45 cars the biker was "trying to avoid" - sues THE TRUCK DRIVER?

This is another example of EXCESSIVE VERDICTS AGAINST TRUCKING COMPANIES - because they make easy targets (who DOESN'T HATE those huge killer trucks - unless you're in line waiting for TOILET PAPER to be delivered to your local WallyWorld?). As a solo practitioner with one truck (that does auto transport) - that has CORPORATE SHIELDING - there's very little chance of SEEING A PENNY from this judgement. Though the driver is likely FINISHED (or if he's the OWNER, forms a new corp, repairs the truck that he buys from the old one in bankruptcy, gets a new DOT # or subs to another company).

Do I feel BAD for the biker? Sure do - I RIDE. Not so bad that if it was RAINING - he was likely HALF BLIND and (again) likely he was RIDING TOO FAST FOR CONDITIONS.

While it's SAD that a career Army Veteran had this outcome - this verdict is WAY OVER THE TOP - and the only person that's going to see a thing from this is CRUMP and 15 more minutes of fame (did I say I DESPISE the guy yet?).

Rick

DOT:

Department Of Transportation

A department of the federal executive branch responsible for the national highways and for railroad and airline safety. It also manages Amtrak, the national railroad system, and the Coast Guard.

State and Federal DOT Officers are responsible for commercial vehicle enforcement. "The truck police" you could call them.

OOIDA:

Owner-Operator Independent Drivers Association

Who They Are

OOIDA is an international trade association representing the interests of independent owner-operators and professional drivers on all issues that affect truckers. The over 150,000 members of OOIDA are men and women in all 50 states and Canada who collectively own and/or operate more than 240,000 individual heavy-duty trucks and small truck fleets.

Their Mission

The mission of OOIDA is to serve owner-operators, small fleets and professional truckers; to work for a business climate where truckers are treated equally and fairly; to promote highway safety and responsibility among all highway users; and to promote a better business climate and efficiency for all truck operators.

HOS:

Hours Of Service

HOS refers to the logbook hours of service regulations.
Anne A. (G13MomCat)'s Comment
member avatar

Benjamin Crump - the Al Sharpton of attorneys. Whenever there is an incident with a member of the african american community - BEN CRUMP to the rescue. He rose to fame with the Trayvon Martin case.

From the Landline (OOIDA) Magazine Article

double-quotes-start.png

This is far from Crump’s first national headline-grabbing case this year alone. A prominent civil rights attorney, Crump is also the attorney for the families of Breonna Taylor, George Floyd, Ahmaud Arbery and Jacob Blake, all of whom were killed by police earlier this year. His prior cases include those of Trayvon Martin, Michael Brown and a pending settlement in Flint, Mich., for the city’s harmful levels of lead in its drinking water.

double-quotes-end.png

FYI - Jacob Blake didn't die. So with attorneys getting 33-40% of the settlement - old Ben the ambo/race chaser is doing quite well for himself. If you can't tell - I DESPISE THE GUY.

So - the trucker jackknifes causing a pile-up - speed may have been a factor (always blame the truck driver). The motorcycle rider SPEEDS INTO (could not stop in time - means SPEEDS INTO) a multi-car pile-up that he "didn't see" (because you can't see 45 cars PILED UP in front of you). There were likely 45 cars the biker was "trying to avoid" - sues THE TRUCK DRIVER?

This is another example of EXCESSIVE VERDICTS AGAINST TRUCKING COMPANIES - because they make easy targets (who DOESN'T HATE those huge killer trucks - unless you're in line waiting for TOILET PAPER to be delivered to your local WallyWorld?). As a solo practitioner with one truck (that does auto transport) - that has CORPORATE SHIELDING - there's very little chance of SEEING A PENNY from this judgement. Though the driver is likely FINISHED (or if he's the OWNER, forms a new corp, repairs the truck that he buys from the old one in bankruptcy, gets a new DOT # or subs to another company).

Do I feel BAD for the biker? Sure do - I RIDE. Not so bad that if it was RAINING - he was likely HALF BLIND and (again) likely he was RIDING TOO FAST FOR CONDITIONS.

While it's SAD that a career Army Veteran had this outcome - this verdict is WAY OVER THE TOP - and the only person that's going to see a thing from this is CRUMP and 15 more minutes of fame (did I say I DESPISE the guy yet?).

Rick

....AND, THE ARTICLE IS GONE. 404/not found. How quaint; how convenient~!

DOT:

Department Of Transportation

A department of the federal executive branch responsible for the national highways and for railroad and airline safety. It also manages Amtrak, the national railroad system, and the Coast Guard.

State and Federal DOT Officers are responsible for commercial vehicle enforcement. "The truck police" you could call them.

OOIDA:

Owner-Operator Independent Drivers Association

Who They Are

OOIDA is an international trade association representing the interests of independent owner-operators and professional drivers on all issues that affect truckers. The over 150,000 members of OOIDA are men and women in all 50 states and Canada who collectively own and/or operate more than 240,000 individual heavy-duty trucks and small truck fleets.

Their Mission

The mission of OOIDA is to serve owner-operators, small fleets and professional truckers; to work for a business climate where truckers are treated equally and fairly; to promote highway safety and responsibility among all highway users; and to promote a better business climate and efficiency for all truck operators.

HOS:

Hours Of Service

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

And not to take away from James service - but the "career army sergeant - actually served for 8 years.

An article from The Tallahassee Democrat Newspaper, that has a BUNCH OF PHOTOS.

Not trying to be a monday morning quarterback (accident investigator) but there are some things I don't get. Like the auto transporter doesn't look jackknifed. The motorcycle was a ricer (which would have no real difference in a crash - except that he was probably moving faster than my old Electra Glide). Weather conditions were TORRENTIAL DOWNPOUR (great riding weather). From the damage - he was moving at a decent clip (in a torrential downpour) and hit an F-150 that moved lanes to get around the pile-up (which means that Washington was at fault - as he STUCK THE F-150 FROM BEHIND).

But HEY - LETS SUE THE BIG TRUCK.

0089951001603307224.jpg

I'm not even seeing how the rolling parking lot EVEN PLAYED A PART IN THIS. The North American Van Lines truck was the one that was jackknifed into the median. But the single unit company is WAY EASIER TARGET than the other co-defendants that were dropped from the case.

From the looks of it (monday morning accident investigator and all):

0708640001603307595.jpg

It was torrential rain - the moving company TT got too close to the maroon honda, had to nail the brakes and jacked into the median - causing everyone behind him to panic brake. The F-150 tried to get out of the hammer lane and go around, the same time as Washington decided to do the same thing. I would say this is on the guy who jacked, the F-150 driver - and Washington.

Rick

Brett Aquila's Comment
member avatar
....AND, THE ARTICLE IS GONE. 404/not found. How quaint; how convenient~!

There was a typo in the address for the article. It's working now:

Top Auto Express hit with historic $412M jury verdict in crash lawsuit

Anne A. (G13MomCat)'s Comment
member avatar

double-quotes-start.png

....AND, THE ARTICLE IS GONE. 404/not found. How quaint; how convenient~!

double-quotes-end.png

There was a typo in the address for the article. It's working now:

Top Auto Express hit with historic $412M jury verdict in crash lawsuit

Ah~!! Thank you, good sir ~~!!!! Interesting event this all is.. piqued MY interest... as well as Rick's. Thanks!

Rick S.'s Comment
member avatar

double-quotes-start.png

Benjamin Crump - the Al Sharpton of attorneys. Whenever there is an incident with a member of the african american community - BEN CRUMP to the rescue. He rose to fame with the Trayvon Martin case.

From the Landline (OOIDA) Magazine Article

double-quotes-start.png

double-quotes-start.png

This is far from Crump’s first national headline-grabbing case this year alone. A prominent civil rights attorney, Crump is also the attorney for the families of Breonna Taylor, George Floyd, Ahmaud Arbery and Jacob Blake, all of whom were killed by police earlier this year. His prior cases include those of Trayvon Martin, Michael Brown and a pending settlement in Flint, Mich., for the city’s harmful levels of lead in its drinking water.

double-quotes-end.png

double-quotes-end.png

FYI - Jacob Blake didn't die. So with attorneys getting 33-40% of the settlement - old Ben the ambo/race chaser is doing quite well for himself. If you can't tell - I DESPISE THE GUY.

So - the trucker jackknifes causing a pile-up - speed may have been a factor (always blame the truck driver). The motorcycle rider SPEEDS INTO (could not stop in time - means SPEEDS INTO) a multi-car pile-up that he "didn't see" (because you can't see 45 cars PILED UP in front of you). There were likely 45 cars the biker was "trying to avoid" - sues THE TRUCK DRIVER?

This is another example of EXCESSIVE VERDICTS AGAINST TRUCKING COMPANIES - because they make easy targets (who DOESN'T HATE those huge killer trucks - unless you're in line waiting for TOILET PAPER to be delivered to your local WallyWorld?). As a solo practitioner with one truck (that does auto transport) - that has CORPORATE SHIELDING - there's very little chance of SEEING A PENNY from this judgement. Though the driver is likely FINISHED (or if he's the OWNER, forms a new corp, repairs the truck that he buys from the old one in bankruptcy, gets a new DOT # or subs to another company).

Do I feel BAD for the biker? Sure do - I RIDE. Not so bad that if it was RAINING - he was likely HALF BLIND and (again) likely he was RIDING TOO FAST FOR CONDITIONS.

While it's SAD that a career Army Veteran had this outcome - this verdict is WAY OVER THE TOP - and the only person that's going to see a thing from this is CRUMP and 15 more minutes of fame (did I say I DESPISE the guy yet?).

Rick

double-quotes-end.png

....AND, THE ARTICLE IS GONE. 404/not found. How quaint; how convenient~!

Came right up for me...

And if you look at Duanes FB page - he LIKES MOTORCYCLE RACING.

Now - my current harley is setup for road race - and I ride with ricers. Been guilty myself for doing some assinine stuff on a motorcycle - and I've greatly curtailed my riding down here, because the 4 wheelers are TOO DANGEROUS TO BE AROUND.

But the deeper I dig on this story - the more lit looks like Mr Washington probably bears the LIONS SHARE OF RESPONSIBILITY for this wreck.

Yeah - bored today, so I'm doing a deep dive on this story.

Rick

0005366001603308191.jpg

DOT:

Department Of Transportation

A department of the federal executive branch responsible for the national highways and for railroad and airline safety. It also manages Amtrak, the national railroad system, and the Coast Guard.

State and Federal DOT Officers are responsible for commercial vehicle enforcement. "The truck police" you could call them.

OOIDA:

Owner-Operator Independent Drivers Association

Who They Are

OOIDA is an international trade association representing the interests of independent owner-operators and professional drivers on all issues that affect truckers. The over 150,000 members of OOIDA are men and women in all 50 states and Canada who collectively own and/or operate more than 240,000 individual heavy-duty trucks and small truck fleets.

Their Mission

The mission of OOIDA is to serve owner-operators, small fleets and professional truckers; to work for a business climate where truckers are treated equally and fairly; to promote highway safety and responsibility among all highway users; and to promote a better business climate and efficiency for all truck operators.

HOS:

Hours Of Service

HOS refers to the logbook hours of service regulations.
Pacific Pearl's Comment
member avatar

Not a ricer, not a Honda. It was an Aprilia (Italian). The tell is the red rectangular nameplate on the top of the tank. Hard to tell from that angle, but looks like an RSV4 - when 200hp isn't enough.

Rick S.'s Comment
member avatar

Not a ricer, not a Honda. It was an Aprilia (Italian). The tell is the red rectangular nameplate on the top of the tank. Hard to tell from that angle, but looks like an RSV4 - when 200hp isn't enough.

Point being - the guy wasn't on a putt-putt harley. He likely was going "too fast for conditions" himself. This is one of those instances where the helmet was likely the saving grace for him. Most guys that ride sportbikes tend to go fullface - and looking at the rest of his injuries, that would have been a fatal wreck had he not been wearing one. But in torrential rain (as was reported at the time) - it just keeps your face dry - visibility sucks.

The other thing - on a "deep dive", is the guy with the verdict against him didn't show, didn't put up a defense - judge wasn't happy and threw him under the bus with the jury.

But the REAL THRUST of this story isn't who was at fault - but the OVERLY EXCESSIVE JUDGEMENTS issued by juries who somehow operate under the impression that trucking companies have an ENDLESS SUPPLY OF $$ TO PAY THEM. Especially in a case where the truck only had "contributory negligence" (if even that). If the truck had RUN OVER THE BIKER - I could see that - but he DIDN'T EVEN GET ANYWHERE NEAR THE TRUCK.

From the looks of the article - the other parties sued, probably settled (which is why they were dropped from the suit), the "little guy" was the only one left - and the jury walloped him with an OVERLY EXCESSIVE JUDGEMENT - which the guy will NEVER COLLECT because there's no way the trucker has nearly enough insurance or assets to cover it. I hope Crump chokes on his hollow verdict. Wonder where the "camera ho" even found the time - between Breanna Taylor, George Floyd and Jacob Blake (did I tell you I didn't like Crump? Guess I did - LOL).

Rick

HOS:

Hours Of Service

HOS refers to the logbook hours of service regulations.
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