Nuclear Verdicts Get Carriers Rethinking Safety Training Programs
Topic 29017 | Page 2
Depends on the state law, but it sounds like since the def didn’t show up it may be treated like a default judgement. There are so many holes in this mess it isn’t funny. Why the def didn’t get an attorney to represent him is very strange.
Depends on the state law, but it sounds like since the def didn’t show up it may be treated like a default judgement. There are so many holes in this mess it isn’t funny. Why the def didn’t get an attorney to represent him is very strange.
Yeah - typically - your INSURANCE COMPANY defends you from suits - because it's their $$ on the hook (at least up to the limits of liability).
Yeah - there's a lot of weirdness to this story. If the parking lot wasn't initially at fault in the accident - and didn't make contact with the bike, can't see how he bears any liability. Once it becomes a "chain-reaction-pileup" - almost everyone has "some fault" in it (speed too fast for conditions/careless driving/etc.).
As shyster lawyers often do - they went after the weakest link.
Looks like Top's insurance was cancelled 6/20/18 (according to FMCSA Insurance Verification Page) - accident took place July 24th, 2018 - so there's a good possibility that Top Auto DIDN'T EVEN HAVE INSURANCE. His Operating Authority is also listed as: Not Authorized. This was a "solo O/O" as far as I can see. He also let his corporation lapse too.
From the looks of it - the owner "flew the coop" - hence the no-show/default judgement. He had another crash in alabama in 2019 (according to FMCSA records) but it doesn't show the crash from this incident. Guy was a solo operator out of Miami - Odalis Enriquez It's also VERY LIKELY the biker didn't have any insurance - as it is NOT REQUIRED in FL. Typically - if you DO have it - you don't carry PIP (because PIP for a motorcycle is ridiculously expensive - for good reason).
Very weird case - the other people who were dropped from the "nuclear suit", probably settled - but it's highly unlikely (if EVER) that even a penny of this judgement is going to be paid.
So Mr. Crump got himself in front of another camera (his favorite thing) - but the guy on the bike is getting BUPKIS.
Rick
CSA:
Compliance, Safety, Accountability (CSA)
The CSA is a Federal Motor Carrier Safety Administration (FMCSA) initiative to improve large truck and bus safety and ultimately reduce crashes, injuries, and fatalities that are related to commercial motor vehicle
FMCSA:
Federal Motor Carrier Safety Administration
The FMCSA was established within the Department of Transportation on January 1, 2000. Their primary mission is to prevent commercial motor vehicle-related fatalities and injuries.
What Does The FMCSA Do?
- Commercial Drivers' Licenses
- Data and Analysis
- Regulatory Compliance and Enforcement
- Research and Technology
- Safety Assistance
- Support and Information Sharing
Fm:
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.New Reply:
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I'm sure the judgement will be appealed by the defendant.