Thoughts? Lawsuit In Bridge-tunnel Truck Driver’s Death

Topic 29190 | Page 2

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Eugene K.'s Comment
member avatar

For those following the case, here’s the latest update from day 1 of testimony:

https://www.google.com/amp/s/news.yahoo.com/amphtml/lawyers-accuse-cbbt-having-secret-130500622.html Rick though I agree that the CBBT is not liable in this case, and while conceding I’m not an expert on tort, I don’t think every dime of an eventual award would be footed by the taxpayers.

The CBBT has a notorious history of impropriety and has been investigated repeatedly for fraud (I.e. artificially inflated tolls, writing extravagant luxury vacations off for the Board as Operating expenses, etc.). In the unlikely event of an award, there’s probably money hidden somewhere. I have no evidence for this conjecture 😂, at least I’m admitting it lol

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.

OWI:

Operating While Intoxicated

Rick S.'s Comment
member avatar

For those following the case, here’s the latest update from day 1 of testimony:

https://www.google.com/amp/s/news.yahoo.com/amphtml/lawyers-accuse-cbbt-having-secret-130500622.html Rick though I agree that the CBBT is not liable in this case, and while conceding I’m not an expert on tort, I don’t think every dime of an eventual award would be footed by the taxpayers.

The CBBT has a notorious history of impropriety and has been investigated repeatedly for fraud (I.e. artificially inflated tolls, writing extravagant luxury vacations off for the Board as Operating expenses, etc.). In the unlikely event of an award, there’s probably money hidden somewhere. I have no evidence for this conjecture 😂, at least I’m admitting it lol

Impropriety has nothing to do with the case at hand.

The argument of the "secret wind policy" - has to do with whether we're talking "steady winds" (which is what they use to determine bridge use) or "gusts".

And the fact of the matter is that MANY TRUCKS made it across the bridge that day. Supposed testimony of a "co-worker" in deposition - the guy said he saw the back of the trailer lift up. While testimony of others, say he was attempting to pass, cut in, in front of a 4-wheeler and (with wind being a potential factor) over-shot onto the curb and through the guardrail.

Even if the wind policy comes into play - testimony will demonstrate "contributable negligence" on part of the driver (assuming the entire burdon isn't placed on the driver). Wish there was a way to better monitor this case. Since there is testimony going on, as to the negligence claim - then the judge either ruled on the sovereign immunity motion - or took all the motions under advisement, pending the rest of the evidence.

I'd be surprised if the widow got anything - but with what's going on in today's world - NOTHING SHOULD SURPRISE ME ANYMORE.

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.

OWI:

Operating While Intoxicated

Anne A. (and sometimes To's Comment
member avatar

Seriously?

confused.gifrofl-3.gifconfused.gif"Secret Wind Policy"

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.

SAP:

Substance Abuse Professional

The Substance Abuse Professional (SAP) is a person who evaluates employees who have violated a DOT drug and alcohol program regulation and makes recommendations concerning education, treatment, follow-up testing, and aftercare.

PackRat's Comment
member avatar

If the widow is lucky, she may be offered an out of court settlement for a much lower, non-disclosure amount of cash (much less than the $6 million).

The deceased husband was a local driver, moving seafood daily up and down the coast. I guarantee you that wasn't the first time he had driven on the CBBT in varying weather, including high winds.

In my opinion he knew the risk, and paid the ultimate price for his poor decision that day.

Previous toll records can be investigated, compared to other trips he made across The Bay, then bounced off the weather records on each of those trips. This was not the only trip where the weather was a factor for him pulling a light trailer of seafood.

If the weather is bad, shut down. If you ever have a doubt, there is no doubt. Park it and wait for the conditions to improve.

HOS:

Hours Of Service

HOS refers to the logbook hours of service regulations.
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