Jaime Jackson Law recently settled a case for a client who suffered a traumatic brain injury and spinal cord injuries in a tractor trailer crash. Our client was a service technician who was called to assist with changing a tire on a disabled tractor trailer. The tractor trailer was pulled into the breakdown lane on the side of the roadway.
How the crash happened
After putting out safety triangles and completing the repairs, another tractor trailer was traveling past the scene. Instead of moving to the left-hand lane, the driver lost control and swerved into the shoulder. He crashed into the disabled 18-wheeler. As a result of the crash, the disabled 18-wheeler was pushed into our client’s service truck. In turn, the service truck then struck our client and threw him approximately 25 feet.
Poor track record
Investigations revealed that the defendant trucking company was above the threshold for two safety metrics: “out of service drivers” and “vehicle maintenance violations”. The national average for these metrics is 20% and 5% respectively. The defendant trucking company in this case had a record of 55% out of service drivers and 25% vehicle maintenance violations.
The purpose of the Federal Motor Carrier Safety Administration (FMSCA) is to prevent fatality and serious injury collisions. To help achieve this purpose, the FMSCA requires motor carriers to have in place adequate safety controls. When the number of safety violations exceeds the national threshold, it is a warning sign that the carrier does not have adequate safety controls in place to prevent FMSCA violations.
What we argued and why
In this case we argued that the defendant trucking company had exceeded the threshold on more than one safety measure. Therefore, the defendant trucking company would have had actual knowledge that its safety controls were inadequate to ensure its drivers were operating on the road while not fatigued or distracted.
It was our position that despite this knowledge, this trucking company did not take adequate steps to put in place safety systems which would prevent fatigued and/or distracted driving. Had they done so, this crash, and the injuries to our client could have been prevented.
If you or a loved one have been seriously injured in a tractor trailer crash, contact Jaime Jackson Law on 717-519-7254 or through our website.
Read more articles Contact us today