A fatal accident took the life of one child, paralyzed another, and caused extensive injury to two other passengers. The accident report found that a truck driver involved was not at fault. But now a jury has ordered Werner Enterprises to pay the family $90 million because of the crash.
A new Werner driver was headed westbound on I-20 near Odessa, Texas. It was nasty weather, with freezing rain and black ice. Then, a pickup truck headed eastbound lost control, crossed over the grassy median, and ended up all the way in the left hand westbound lane where it struck the Werner truck.
The pickup truck was driven by a family friend of Jennifer Blake. Her seven-year-old son was killed in the crash, her 12-year-old-daughter was paralyzed, and her 14-year-old son was injured. Blake herself suffered a serious brain injury.
Blake’s attorney, Eric Penn, argued in court that since the National Weather Service had issued a winter storm warning and the conditions were clearly dangerous, the driver should have pulled off the road. In fact, since the warning came in before they were dispatched, they never should have been on the road at all. Further, Penn claims that the Werner driver did not “have access to basic safety equipment, such as an outside temperature gauge or the CB radio, either of which would have alerted him to the dangerous road conditions at the time.”
But Werner sees the accident a different way:
“This accident unquestionably had tragic results, and the thoughts and prayers of Werner Enterprises and its associates continue to go out to the Blake family,” Werner’s Chief Legal Officer Nathan Meisgeier said in a statement. “However, Werner Enterprises maintains that its drivers and the company did nothing wrong. The Werner driver was traveling well below the posted speed limit, did not lose control of his tractor-trailer and even brought the unit to a controlled stop after the impact.”
Werner says it will appeal the decision.
“If an accident like this is the fault of the driver who was hit by the out of control vehicle, think about what that means for every motorist on the roads,” said Meisgeier.
Source: overdrive, ttnews, freightwaves, wowt, journalstar
Clearly not his fault if the lawer said that 18 wheeler was not supposed to be on the road why was the pick up truck on the road they losed control.
That is the 90 mill dollar question.
I would think Warner needs a new Lawyer. That would be in fact was my first thought. Now the courts have double standards.
Oops my bad they always have had. And we wonder why no one in their right mind wants to get into the industry. With all the registrations we as drivers have, and the courts pulling crap like this.
So much can be said.
My thoughts as well. If that is what they based their judgment on then the four wheeler should not have been on the road either.
So if the driver of the out of control vehicle had hit a tree would it be the fault of the person who planted the tree? The truck driver maintained the vehicle under his control how can he be expected to control everyone around him too?
Perfect example
These jurors saw a big company, small child loosing life and put emotions ahead of logic thereby coming to the conclusion of the truck driver being at fault. This makes not an ounce of sense.
I agree totally just insane
I sat through the entire six weeks the trial went on. They actually sued for 840 million, the jury only awarded them 90 which is still beyond stupid. Pretty sure the jury fell into sympathy since that what the prosecution played most of the case.
No it would have been the trees fault and the tree ould have to pay 90mil
The tree shouldn’t have been out in that sort of weather. So, clearly, the tree’s fault. Just ask the lawyer, he’ll tell ya. Cause see, lawyers get to determine when any vehicle should be on the road or not…. right?
Yea that’s crazy. And if road were that bad why was the family driving. They should have pulled over too. Maybe they wouldn’t be hurt. I would take case to a higher court. And that shows you why there’s less truck drivers and no one wants to do the job. Soon enough truckers will all take off for awhile for “safety” and we shall see how people really feel when food supply gets low!
The truck driver and Werner should be exonerated.
Clearly they did nothing wrong.
It was a horrible loss to the family, but clearly they were at fault.
It’s simple, they shouldn’t of been on the road either then. Sorry for their loss. But get real
Right on, sir. Where was the “safety equipment” on the pickup? Just because we do this for a living shouldn’t mean that we accept fault for everything that happens on the road. This verdict only perpetuates the mentality that a truck = massive pay out.
Sadly, in most cases, the trucking company will pay the lawsuit anyway. Props to Werner for figjting this.
You are correct. But they are only fighting it because of the size of the verdict. Had the verdict been 1 million, Werner would pay and be done, becaause it would be cheaper than to fight. A jury of my peers, scares the shit out of me.
A jury of our peers should be other truck drivers, not people who’ve never been in a truck.
You don’t need to be a trucker to know this makes no sense. Just a bad jury.
I worked for Werner and hated their bad business practices,
horrible company to drive for, however the other driver is at fault, not the truck driver. It’s bad enough how he’ll be forever emotionally impacted by this tragically. I say pay the truck driver for life as well.
The Werner driver should counter sue because of the injuries he sustained because the other driver lost control
Totally agree.
You’re 100% right. I hate hypocrites – especially those whom benefit monetarily when they are at fault. Call me mean, but I don’t give a rats behind about other drivers. They’re constantly putting themselves in harm’s way and them blaming big rigs. It’s their own fault. Don’t get in the path of an 80,000+lb vehicle and it more than likely won’t hurt or kill you. Not to mention, if we didn’t drive in poor weather, you would complain the product isn’t in stock..
What in the hell is the world coming to??
Isaiah 5:20 (KJV)
20 Woe unto them that call evil good, and good evil; that put darkness for light, and light for darkness; that put bitter for sweet, and sweet for bitter!
It’s almost like the times of Isaiah and Noah.
blah blah
Jac you nailed it. My wife and I were talking of this just this morning. Thanks for bringing it up.
Dave
I despise religion, but it’s a good point nonetheless. 😉
Anen
This is unreal. What is wrong with people? How in the world could a jury of 12 all decide that the driver of the truck was at fault when he was in full control of his vehicle the entire time? This is utterly ridiculous.
she shouldn’t have been on the road either
This is a sad story but it also opens up a world of trouble for us truck drivers. We have a hard enough time dealing with cars on the road that aren’t out of control and don’t understand what it takes to drive or stop these trucks. Now we will have to look out for the car that is looking for a 90$mil paycheck because it doesn’t matter if it’s there fault or not. I hope Werner gets Toth is over turned
Just like the idiocy of the woman that drink hot coffee at McDonald’s suing McDonald’s because the coffee was hot this is just another example of how stupid this country has become and laws regarding truck drivers being in accidents. When not at fault. The driver of that pickup was at fault he and he alone is at fault he is the one responsible for the families demise the truck driver who could not have known that this pickup truck was going to come clear crossed the highway and hit him.
I agree on all points except the McDonald’s case, that old lady got third degree burns cause that particular franchise owner had a policy to keep the coffee near boiling 200 degrees so that it would last longer and such… McDonald’s legal team did one of the best propaganda cover ups in the history of these types of cases…
That said I am a truck driver and think this case should be over turned and thrown out, for the president it will set. If it stays it will be aired in almost all future big rig accident cases for a bigger payout.
Damn greedy lawyers and dumb drivers
John Ruiz – Your example is both irrelevant and totally specious. The woman who sued McDonalds was VERY much in the right. The notion that she just went for a quick buck was nothing more than soundbite journalism paid for by corporate lobbyists. For crying out loud, an award-winning documentary about the case was made, laying out the facts and amply demonstrating the egregious misconduct of McDonalds from start to finish. Try doing an ounce of research before piping off about something you clearly know nothing about.
That’s funny Blue…half the people posting in this board can barely spell, or construct a coherent sentence, and you want research?
How can you claim the truck is at fault cause of bad weather that should have he shouldn’t have been driving in when the truck hadn’t lost control and the car was driving in the same bad weather
If the weather and road conditions were too dangerous for the truck then they were too dangerous for the 4 wheeler. The one who is accountable for the accident is the driver of the 4 wheeler and she be in jail for vehicular manslaughter.
I agree with Werner no truck driver is safe when there is negligence involved it’s not always the truck driver at fault. Maybe that 4 wheeler shouldn’t have been driving in the bad weather if they were not equipped with the right training to handle the weather. I drive a 4 wheeler myself and also a truck driver for 17 yrs safely. And when the roads are too bad I pull off of the road. Especially in my 4 wheeler everyone has a cellphone these days you can call your work or relatives and explain your delay instead of driving in bad weather. Common sense in this case it would have been prevented. Now that new truck driver has to live and go to therapy for his head because he has having recurring nightmares because of some people who don’t care about there safety. And they want to blame others for there mistakes. I was hit by a semi truck when I was 18 and I was passing the driver and the semi truck came over in my lane of travel. That time it was different that driver never checked his mirrors if he had he would seen me. On a summer day. My heart goes out to the pickup truck occupants because no amount of money will ever bring back the hurt and suffering of a loss. I still hurt in my body after having 13 broken bones with metal inside of me.
What exactly was the driver of the 4 wheeler doing to lose control? Were they speeding? The Werner driver was in control of his truck, he was under the speed limit. We are regulated, we have a clock that we have to comply with, and in many areas are made to drive a lower speed then the rest of the traffic. When something goes wrong, we are faulted, because we are the “professional drivers”. They stated that it wasn’t the Werner driver’s fault; yet they flip things around to make him at fault. Maybe the outcome would have been different with a less bias jury….. Did the weather advisory also state mandatory commercial vehicle parking? I didn’t see that anywhere in the story. So no, the driver clearly was okay to be there, he followed the rules of bad weather driving. He wasn’t the cause of the accident. Maybe it’s time to start hammering down some regulations for the general motering public?
Ok! First off ALL the day time lawyer commercials say that truck drivers are some of the best trained drivers on the road. So now the trained professional driver is wrong for driving. Wrong for not having a CB, wrong for not have a temp reader on his truck. Where was the victims CB, temp gauge, lol. My sorry for what happened but right is right and wrong is wrong. Werner should not have to pay for someone else’s mistake!
This is just another example of the twisted sickness that has gripped the US. These so-called attorney’s should be disbarred, and the judge removed from the bench. The madness must be dealt a devastating blow!
Typical it’s always the fault. This country needs to wake up and realize that most of the time it’s not.
I’ve never heard such reckless comments come from an attorney’s
Mouth.Truck driver’s drive in all weather, l have been driving 35 years
and I’ve never seen this,this jury was lied to and the defense was weeeak
For sure,I guess all these years people just thought oh yeah they stock all the meat,cheese,bread ,milk and everything else they touch on a daily basis in the back room!! Surely truck drivers don’t drive in bad weather!. . The loss of life is always a tragedy especially children whose lives are supposed to be in responsible adult hands,not only is it clearly the pickup trucks fault it was ultimately a bad decision on the parents for driving to fast on ice
And they should be charged with
Manslaughter, for some reason I don’t think we are getting the whole story. This one stinks
Agree
Creepy bad story. It’s all these “in a wreck need a check?” ads on tv all day and night. These lawyers have no morals. They have it down to a science on how to win these cases. It’s all made me wanna find a new protesting but I love driving and I just hope this country snaps outta this trend of living off everyone else. Anyone need a paper pusher? Btw, they won this case because the defense we’re idiots and the driver was new. Get a life people, quit this “I’m a victim” mentality and go to work!
Typical of “jackpot justice”lawyer. Go for Werner’s pockets to generate a huge fee for an ambulance chasing douche.
I think the jury should be charged with misleading justice.
Truckers should just park the trucks for ….until the issues are done with. Rest areas reopened and new ones made..got to be crazy drive… Crazy cant pass a medical… So you are libel
So the professional driver shouldn’t have been on the road but it was ok for an (obviously) poor driver to be hauling around kids. This is beyond ridiculous.
He was a student driver…
Speed limit in Texas is 80 mph. Pickup, like everyone else, was probably going faster.
The pickup driver should be charged with reckless endangerment.
Not odessa tx its 65
Sure, but 65mph is still quick and 80mph is insane for average drivers who cannot drive worth beans. The whole reason we have ESP on every car sold in North America is because people don’t know how to drive. Non-ABS disc brakes are superior in every way unless you don’t know how to drive. Since most people don’t know how, we end up with this garbage that costs us money we otherwise don’t need to pay. Hello ESP (on/)OFF button.
Get your atlas out, I 65 is a north – south route..not west….odessa tx is not on 65 , what are you smoking?
Get your atlas out, I 65 is a north – south route..not west….odessa tx is not on 65 , what are you smoking? I’vera driven 2.75 milioi miles in all kinds of weather, but have always stopped with even the threat of black ice…this story has a lot not said in this article. As a father of a daughter who lost her life in a terrible accident, i can only pray for the children and everyone concerned….its tragic regardless of fault…but no accident is one sided fault wise…a good driver can avoid this situations….always and i have almost three million safe miles to speak to that fact…of coarse it helps to have angels riding shotgun…
Daniel said the speed limit is 65 not I-65 unless it was a 4 lane state highway it would be I 20. This is a horrible event and misjustice for all involved very sad
Common sense says that Werner should be free and clear but people today have no common sense!
WOW! So the pickup truck loses control crosses median hits a truck and the truck driver is at fault? The attorney argued that the Werner driver shouldn’t have been on the road then I guess it was ok for the family to be on the road. As truckers we drive in all types of weather. I hope this gets overturned. Tragic but place the blame where it belongs. If conditions were that bad I wouldn’t have my family out in about in any vehicle just to prevent the chance of happening what happened to this family.
It would be the same as someone walking on the highway that says “NO PEDESTRIAN TRAFFIC “. Someone hitting them with their car ,and the driver would be at fault for not seeing them. Oh the things ppl do for money
You hate to see people hurt or killed and when it’s children it’s even worse but this just goes to show what the public thinks of truckers.
I agree whole-heartedly with you.
I say we go on strike get this crap stopped once an for all
Driving truck for a living is more dangerous that walking into on coming traffic
Just shut them down the chump change you pay our professional drivers is crap but you pay these stupid people millions get real
The hell with the freight the food we run America not the lawyers not the jury we as the American truckers run the well being of everything in America
You treat us like crap endless hours of sitting on docks waiting for your workers to unload the products you order then charge the driver for a Mexican lumper . To unload their trailers. Shut them down
They can’t force you to drive
They can’t force you too move
Start taking your .30 mins break in the right lane or at a stop sign with your 4 ways on and your hood open if everyone just stopped on the frigin road what can they do
Loads lay tough crap load don’t get there tough crap
Billy’s missing basketball practice tough crap. Lil Suzi’s
Can’t get to cheerleading practice tough crap
Remember those truckers
Can make America great or we will make you go broke
I wouldn’t pay crap to them why was the truck lil truck driving so fast on bad roads was she texting ?
I count five people in that pickup. Dont pickups only have four good seatbelts. That right there tells me this is a witch hunt on the truck drivers fault. Secondly what company sends a lawer that couldn’t beat that defense.
The Problem with today’s world is that it is everyone’s fault except for the people who should be held responsible. Which in this case is the Driver of the out of control Vehicle. Which had absolutely no good reason to be negotiating the roadways.Sorry for the Family Loss But it’s not the Truckers Fault the Sleazy Lawyers should be Disbarred for his Lying Tactics.
But instead he will get his 1/3 commission. $30,000,000. I should have gone to school! It’s about the poor children, blame the big bad scary truck.
Wow if I was Warner this would of went to the supreme court and that’s just wrong from a corrupted system n staged up jury working with them…. Now…. Since every body trying to get in the truck drivers pocket what would of happen if that vehicle hit a police car or an ambulance and had near the same injury n death results instead of that Warner truck??????
It’s quite simple. The jury looked at the DEEP POCKETS of a national trucking company and said: “they can afford to provide care for this family that has & is suffering a great loss regardless of who is at fault.”
Sorry but that is absolutely wrong!! Sorry for the tragedy however, Werner was not at fault!!
“It was nasty weather, with freezing rain and black ice”. Let alone in Texas where they dont have much snow or ice removal equipment. If it were me Id get off the road. Granite yes the driver may have not been at fault, but if common sense wouldve told you to stay off the road in those conditions then do it.
N how do u know where this Werner driver grew up I grew up in NEPA I know how to drive in bad weather as well as know when it’s tyme to pull off the Rd but I will always try before I shut down low n slow apparently u dunt know what bad weather is n not a true driver because through rain snow sleet or shine we roll til the day we day we r a dying breed snowflakes have taken over our industry n tore it to shreds
This had NOTHING to do with the trucker’s driving.
The lawyer is arguing that the trucker, if he was smart (INSULT intended) should not have even BEEN there.
All accountability has been deflected from the pickup driver, to the truck.
As much as I truly hate them, the lawyer did a good job for his, at fault, client, the pickup truck driver.
then common sense shoulda told that family to stay off the road too
Everyone is out to get money. Oh no it’s never the 4-wheelers fault.
First of all. Werner should never had that driver on the road with black ice present. And Werner should have told or trained the new driver to pull off the road in extreme weather conditions. As a trucker myself and was trained by Werner for 24 days and then let out on the road alone I had to basically train myself.
really 24 days thats a record i trained students at werner and you would have never been released after 24 days hell i keep the good drivers for up to 60 days and if they had to train drivers for all types for weather then you would be a student for at least a year. Oh yeah i was trainer of the year in 92 and i also had a son who trained there and this was just recently and he did 90 days. So i dont believe you and your 24 days crap.
I was trained for 30 days in 2010 with WEL COMPANIES
8 years ago two minor incidents the first 6 months. No other accidents since to date. Why cause I learned to GOAL . I’ve drive 85% of my time during the winter on the East Coast nasty weather. No accidents. We are Professional truck drivers not Weather Drivers. Point Blank Period.
I never went to truck school ,stay off road in wintery weather and drive 62 mph ,whats,ure,point oxy moron
Boy, you’ve really bought into the idea that its the OTR driver’s fault for even BEING there.
Maybe we should make trucks out of soft rubber so when dummies run into us, they wont be hurt?????
In America, deep pockets is taking the place of common sense.
ACTIONS have consequences.
The pickup driver should be held accountable if not prosecuted.
Define EXTREME WEATHER..
What you might consider EXTREME WEATHER one who grew up in that type of environment is experienced driving in it.
I’m from Michigan. I drove in the ice storm that shut down Atlanta GA a few years back. Granted I was trying to make my way to Werner’s terminal in Lithia Springs. Some people are more seasoned to the weather. When I’m driving in bad weather, I fear more for the abilities of the other motorists than my own driving abilities. I keep ‘er low and slow. And if you’re going so fast you clear a median and several lanes of traffic and hitting a truck so hard that you nearly kill your whole family, then YOU’RE the one going too fast. I think we need AOBRDs on cars too.
That’s a load of crap!! I drive truck in all types of weather in any state.
I’ve been driving for 17 years and never had a winter accident. It’s the pick up drivers fault for losing control of his vehicle period
The law in all states says you must keep your own vehicle under control at all times NOT under control until you don’t and hit someone.
What is this world coming to?
It is not the truckers fault nor is it Werner’s fault
Lock up the fool who caused the accident with his pick up and charge him with involuntary manslaughter
Civil law in this country needs to be fixed badly. This is the EXACT reason why. Just as ABSURD as the McDonald’s lady with the coffee.
Problem; ~burden of proof in civil law is prima facie ~ In criminal law it’s beyond reasonable doubt~ HUGE difference ….. Civil law NEEDS BADLY to meet the same requirements as criminal law(BRD), until then these type of nonsense lawsuits are going to keep wreaking havoc upon society with FAR FAR reaching effects !!!
You think the coffee at McDonalds was absurd until you read into what happened. The store where this happened was warned numerous times that the coffee warming plate temperature was turned up too high and the coffee that was served from that plate was just under the boiling point. Cup was handed to the driver with the lid not properly placed onto the cup. Driver handed cup to passenger who placed cup between legs (cars at this time did not have built in cup holders). Driver pulled into a parking space and bumped the curb, spilling the coffee into the lap of the woman.
The woman, who was wearing her seat belt, was unable to get out of the seat fast enough to prevent herself from being burned. The woman ended up needing surgery to her legs and that area. She asked the franchise that owned that store to pay her medical bills, and the owner refused. She sued McDonalds, had a proper case, and won.
Now this lawsuit that Werner lost is horse hockey. Werner needs to get better lawyers because there is no way the Werner driver was at fault.
In civil law it’s based on preponderance of the evidence and not prima facie.
Just wait. Soon these four weelers will be targeting us like crazy in winter time. It will be like witch hunt in old days. It’s been happening already all over Canada and US in past few years.
They opened Pandora box. Hell coming!
This isn’t a huge surprise, I’ve been called in for jury duty, they don’t exactly go after the brain trust! If you can think for yourself or understand the law, you’re out!
The biggest problem is that they are suing the wrong person the driver of the pickup truck should be sued for the same reason that they blame the truck driver for not having the proper equipment they can blame the pickup truck driver for not having the same equipment no CB or temperature gauge he knew the truck driver every argument but they make for the truck driver not to be out there you can make for the pickup driver not to be out there
As well as putting the children at risk,so yes the pickup driver should be held accountable for child endangerment
Wtf is,a,temperature gauge, is,that standard equipment on big trucks
Makes me wonder who actually had the idea to sue over this!?! Bet that attorney, Penn, contacted the family with the idea of a big payday. This should not be allowed to stand. A loss of life is always tragic! Making an absurd amount of money off of YOUR OWN mistake is just really really low! I’d be embarrassed and just too ashamed of myself to try to get money for injuring & killing my kids!!!!!
I sure hope this article w/ the lame jury verdict doesn’t make it to the national news just for the fact we’re challenged every day by reckless driving 4-wheelers with complete disregard for the 18-wheeler who might now look at us as a lucrative insurance opportunity if they ‘purposely’ side-swipe into us while playing on their friggin cell phone & knowing that even though the trucker is obeying the law, all things considered, they can sue & with a decent attorney still likely win millions. And they’ll be able to upgrade their phone from a wheelchair but they’ll be a millionaire. Unfreakinbelieveable.
Time for me to get off the road. Way to many responsibilities.anymore out here for chump change.
I’m sorry. We should be there in front of the court protesting that joke of a verdict. Why do truckers take every beating and never even say anything?
It simply means that that we are guilty by default in any accident.
It all boils down to ONE thing….DEEP POCKETS. And Werner has the money.
Its not right.
Its not just.
But it is what it is. Legallized robbery at the point of, not a gun, but a lawyer! ! !
The jury didn’t decide what was right and just. The jury simply put themselves in the position of the traumatized family and said, “What would I do with all those bills, both present and future????”
Rob a bank…..no….the trucking company, via a unscrupulous lawyer.
This is similar to the “Twinkie Defense”, years ago, when a teenage murderer
was acquitted because the lawyer successfully argued that the young person killed others because he had too much SUGAR in his system from eating twinkies ! ! !
America’s dumbed-down society is imploding.
I live in this area. We have absolutely zero snow equipment. Seriously, we close the school for a 1/2 of snow. I drive oilfield now and we went out every day of the year and didn’t have any problems. If there was black ice there was no reason for the pickup to be on the road. They issued a travel warning. At that point the pickup should not have moved either.
Bad things happening to Werner doesn’t bother me. Now one of their drivers can chastise me on how good of a company they are. I know better. KARMA
Be careful what you wish for.
This could have been a lowly O/O without the resources of Werner…..
The topic is not about you Rd. Think before you post.
I absolutely hate mega carriers, but you people have no idea how much of a big deal this is. This is bigger than ELDs, hair testing, everything else…. If Werner pays that money, it literally spells DEATH to the trucking industry. It will set thee worse precedent ever. It will literally tell the public, that an airplane hijacker, who skydives out of that plane, miscalculates his/her jump and accidentally lands in front of a truck and gets hit by it.. the family of that hijacker can sue the truck company for wrongful death. That’s pretty much what happened in this story.
Exactly!!! 👏🏽👏🏽👏🏽
The facts are it’s not against the law to be driving in bad road conditions. It make you think what facts was Werner lawyers arguing?? This is bananas!!! For all the people who are leaving comments that the driver should’ve used common sense. Look at it from his POV. He’s a driver, most of our mentality is to keep driving and eventually you’ll run out of whatever bad weather you’re in, so that was his common sense. Driving is what we do! Unless they have a warning for that state at the time like they do in CO for you to stay off the road or put your chains on while driving the mountains then we keep right on trucking. With this thought process it gives more and more people the right to argue that they’re when they’re CLEARLY wrong. The pick up driver crossed across the median traveling in the wrong direction on the highway and not only going the wrong way but you hit the truck yet it’s STILL Werners fault!! 🤔🤔🤔 I hope Werner becomes a pioneer to stop bs like this. I hope they steamroll ahead and lead like they did for fighting and starting the ELD’s because this is ridiculous!
I frequently drive across Kansas to Denver. I also drive Denver to Portland and north.
BAD weather is a fact of life. Nothing would ever get delivered if I had to stop because someone ELSE might run into me???
Most trucks are governed at 62 mph. Speed limit in Texas and other places is like….80mph, IF they are doing the limit…..NOT usually.
A dumb 4 wheeler driver could be texting and run into the REAR of your trailer at nearly 20 mph faster than you and spin out of control, still doing 80 ! ! !
This sets a very dangerous precedent against the trucking industry.
Werner needs to get some serious lawyers and fight back as Hobby Lobby successfully did.
Werner blows goats….they started all this electric babysitter crap that has no safety benefit. None whatsoever. I personally don’t care about the money or the impact it might have on this particular company, but when a person can be judged guilty for NOT DOING ANYTHING WRONG there is something seriously wrong with society as a whole
It’s not about who’s at fault. It’s who has the most money. If this was an Owner operator there would be no law suit. Since Werner has deep pockets an injury lawer saw $$$. The lawyer will probably keep 40 – 60% of the verdit.
Are you kidding me?!?
Exactly, I agree with all of you.
This is ridiculous !!!
If we do not come together and stand up for ourselves we could be the
next one. We need to have a protest with astronomical attendance.
I would go, anyone in?
This needs to go viral on social media.
Such a bs.
Pity of the jury for the children doesn’t serve justice.
This just doesn’t make sense. Was he the only truck on the road? Did they get their mail that day? If it was so dangerous why was the pickup out there with kids in the first place? Any deliveries made that day at all? Was there ample parking for the truck in the truck stop? Is werner and their drivers responsible and liable for the weather predictions now? WTF!
We should throw the lawyer in jail and take his money, see how he likes it.
Ample parking? Where? For Werner there is no such thing as ‘ample’ parking
That very same thing happened to my brother. It was raining. He was in bumper to bumper traffic going under 3 miles an hour a car driving reckless that doesn’t notice the upcoming traffic jam tries to stop and cuts in front of my brother where he taps him in the rear. Initial ruling was the car driver was at fault. But the judge later came back and ruled the company my brother drives for pay $750k in damages. It makes me believe that any con artist would try to take the chance to hit any commercial vehicle. The faultless truck driver and the company he/she drives for will always be seen at fault. #truckerlivesmatter
This is sooo stupid. I don’t even think this story is true.
you cant wake up, this is not a dream…
If the lawyer’s argument was that roads were so bad, shouldn’t the 4 wheeler driver have been off the roads, also????
First and foremost, prayers to the Blake Family, loss of a child never dulls. As a trucker for the past 15 years and 30years in the industry, it is in no way shape or form the Werner drivers fault. Especially if that driver was under speed limit and came to a controlled stop. By allowing a verdict to pay the family 90 million dollars, is telling people “Doesn’t matter if its 4 wheelers fault or not your gonna get paid.” Its setting a presidency for future law suits, which in turn will only raise the cost of everything, from what’s purchased to transporting it. They say the driver should not have been on the road? Its our job and most drivers do it safely. My question is why was Blake on the road in those conditions and obviously traveling too fast with other people’s children and her own? Why should Werner have to pay for her ignorance? Again it’s a tragedy yes, but not one where Werner or the driver should have to pay for..
If I were the truck driver, I would sue the pickup driver, Blake’s estate and the jury for putting me through this rediculous BS. The pickup driver should be charged with negligent vehiclular homicide. If they happened to be dead or a veggie now, TFB and see how rediculous that sounds.
The lawyer should be sued for frivolous litigation. The doctrine of deep pockets in the legal profession is all about chasing the party with the most insurance. This jury needs to be investigated.
Maybe the trucker shouldn’t have been on the road ..but then neither should the 4 wheeler especially in such weather conditions…but this kind of accident can happen at anytime of the year … it just proves that someone was not paying enough attention to what they are doing …and or the conditions they are doing it in
Prayers to everyone involved and if travel conditions were that severe then everyone shouldn’t be on the roadway at all. Accident is not preventable. Finger pointing and greed is rampant in human culture everywhere.
I cant believe they were awarded anything, it was their fault. This sort of thing sends a message to 4wheelers that they can drive however they choose and not be held responsible. I hope Werener wins on their appeal.
Ok. So we park our trucks when there’s a threat of drizzle. Or even a cloudy day. No worries. Good luck getting the latest fashions at the malls. Or even bread and milk too. Un fu**n real. This lawyer should team up with the creepy porn lawyer. They’d make a great couple.
If its not safe for the truck then what was they doing out there
The attorney is an idiot. A temperature gauge and a CB is basic safety equipment? Neither is required and most trucks , if not all, have an external temperature sensor. The idea that the driver is at fault for being there is ludicrous. The four wheeler would have hit someone else or shot clear across to the westbound shoulder, maybe flipping and killing everyone instead of one.
I had a similar event happen in February of this year, a car lost control and crossed the median and was sideways in the right lane, it was pitch black in the middle of nowhere and I didn’t see the vehicle until my it was at the end of my headlights, I went to the left to avoid it and clipped the bumper with my back box on a set of doubles and it caused the back box to flip over, fortunately I was able to stop safely on the left shoulder with the back box in the median. Luckily nobody was injured and the police report stated the other driver was going to fast for conditions and the accident would have been avoided had he slowed down for weather. But had I hit the vehicle dead on I would have probably killed him and the other passenger and it would have been a whole different story, I’d probably be in the same boat as this driver
ps. remember to aim for a large carriers truck when you are going to crash since “they can afford to pay out”.
If that is the case and the road is bad due to road conditions what are we suppose to do stop every time the weather gets bad to keep from being sued ? Maybe it’s time for every driver to take a week’s vacation at the same time to give the folks time to think about their decision .
It’s our job to make our deliveries, rain or shine, ice or snow, tornado or otherwise. It’s not worth pulling off the road at any time for any reason if you can just drive slowly, carefully and still get there safely. The point here is, the driver didn’t do anything wrong.
It was the driver of the pick up that didn’t have to be on the road and was not driving slowly, carefully and getting there safely.
The truck driver had every right to be there – it’s his JOB to be there.
If WERNER should not have been on the road, then neither should’ve the Blakes, et al..
My one last comment for this one is, the jury themselves are pathetic. They and most people on the road think that truck drivers are at fault for everything that happens when it’s truly the opposite — truck drivers are usually not at fault. The public just doesn’t understand or care that it’s difficult to control a heavy vehicle when you cause upset due to your horrible driving habits.
– cut in front where there is no room for to stop because you’ve taken the stop distance
– cut in front when accelerating out of a bend on the highway and cause upset and weight shift because you’ve forced the driver to take their foot off the throttle
– repeatedly brake for no reason until you suddenly have to stop and the driver doesn’t believe you’re braking for any real reason
– drive with your high beams on, blinding the driver in their driver-side mirror
– refuse to pass quickly and safely, blocking the driver’s “way out” in an emergency
These idiots on the road should have to know *everything the A(D)Z driver does before they can so much as drive a moped.
Werner I believe in you. Your driver was correct he drove for the prevailing conditions. That is a safe driver. We are truckers we drive thru all sorts of weather conditions. Its our profession we are licensed to do so. It all comes down to this who has the best insurance and the most. A cb radio is a luxury we don’t have to have them or outside thermostat. We know what weather conditions are. We live in it everyday.
Wow, only been drivin trucks for 3 years so a rookie in some regards, but im from MI so i know how to drive n any weather. Just wondering had the truck been parked somewhere (lawyers bonehead argument) the lady still would have lost control. Albeit a tragic lost anytime children are involved. What if she’d hit another 4 wheeler with another mother and her children inside, and those children lost their lives. Would her lawyer still say these ridiculous things given the fact the other 4 wheeler more then likely wouldn’t have 90 million dollars to spare. It’s a tragedy, but it’s clear who’s at fault.
Lawyers have only one job and responsibility: to win for their clients. Legally, they do not have to tell the truth, reveal any secrets that their client tells them that would hinder their case, or have any sort of honesty, morality, integrity or ethics. That is a fact. This is why you see ludicrous cases where the wrong person wins. Sad but true. But that is how our current system is set up. I don’t remember the rationale, as to why it is considered democratic, but I took some Legal Aid courses and learned that years ago.
Case example: Remember the OJ Simpson case?
So are we ready for a change? Remains to be seen.
Poor truck driver. Now he is going to be a distracted driver while driving due to all of this unwarranted commotion and stress in his life. He may need to take time off and lose income due to this, as I had to when I learned that my former spouse died and couldn’t fully focus.
Bad things happen to everyone, and it’s a shame the family is having bad times. This does not entitle people to corrupt legal responses, but rather, should urge us to adopt an effort to provide some other support system to help the family financially. And yes, this will encourage a lot of people to sue truckers/trucking companies. The world is already trying to take the trucker out of the truck, and every additional step they take reinforces this. Take their jobs away and see how they like it!
As far as the mega companies, that is a ubiquitous problem. It is that 99%/1% problem that we are a long way from solving. How long are citizens going to permit it? It IS a separate issue from this case, though.
I don’t see how good drivers will be attracted to truck driving when all of the negatives add up. Yes, drivers should be professional and responsible, but the joy and pride of the job is being sucked out. Misery loves company.
This isn’t about the big truck at all. This is about adults who refuse to accept the consequences of their own actions. I see people in cars all day far exceeding safe speeds but it’s now always someone else’s fault for their poor judgment. There isn’t a trucker out there that doesn’t know how fast a pickup has to be going to plow through a meridian and make it to the other side and hit hard enough to do that kind of damage, the sad thing is that they had kids in the car when they did it. The 90 million should go against the family friend not Werner.
Was she on her cell phone. How horrible her children suffer due to her negligent driving skills. Truck drivers have to abide by the CSA rules and regulations. our personal laws we must obey. Our very own commercial drivers Manuel. A list of driving safely for different weather conditions We use those skills everyday. We pretrip our cabs truck and trailer everyday. We are the safest drivers on the road. Fewer semi accidents than four wheelers.
Since when in trucking is a CB and temperature gauge labeled a safety device needed in this industry. I think bottom line all you drivers responding to this issue should clearly see, Werner, I think needs better representation in this matter. I’m sure with all the good points you mentioned would have surely won this case. This attorney should have put all of those jurors in the seat of that driver and all the right things he did. Then played reverse psychology and question them if what this family was doing was right in their eyes. Yes its hurts to lose a loved one and you just want someone to pay for it, but is it right what this family is going after.
What do you expect from an ambulance chasing attorney?? The trucking companies & especially the truck drivers are viewed as moving ATM’s!! QUICK & EASY payouts!! It’s been going on for decades by ANYBODY looking to get rich @ someone else’s expense & NOTHING has changed!! Until there’s unity in the industry NOTHING will change!!💯
Why are we having this conversation about this, anybody with any sence can see what this lawyer is doing, he should be the one that is charged for trying to dupe the system,
Werner should bring on their own lawyers.. and let the fight begin!! That is the dumbest argument blake’s lawyer made….. drivers should not be on the road during bad weather conditions…. ok…… then neither should have this family been on the road!! Nobody should have been on the road!! She knew it was bad and she alone took the risk in driving!! When she did that then she is responsible for her own actions!! And if she didn’t know how to drive right in bad weather then WHY IS SHE DRIVING IN IT?? Smh 🙄🤨👎🏼
The solution to this kind of issue is to put an electronic terms of service screen in all vehicles. The vehicle should not start until the terms of service for operating a vehicle has been agreed upon. The terms of service should make it apparent that there are inherent risks when operating a motor vehicle on any roads regardless of weather conditions and skills of other motorists the driver will encounter on the road during their trip.
I’m writing this as a joke somewhat. In all seriousness though, why not do such a thing? It is literally the truth. Life is about risk assessment and risk tolerance. It is an absolute tragedy this happened to the Blake Family, but what happened to accountability for personal actions?
The verdict will get over turned on appeal. The lawyer guilted a jury into an emotional reaction. He won’t have that kind of luck at the appellate court. However, if it wasn’t for the precedent this case would set if not over turned I would be all for it. Why you ask? Because every ATA company needs to lose money and die a slow death. Only then can this industry be saved.
The case and point of the lawsuit had nothing to do with the fault of the wreck or the driver but had everything to do with bad corporate behavior. And Werner is stark raving guilty of what the charging point that the lawyer waged.
The practice of pushing “trainees” and “trainers” to run like round the clock teams on what they call JIT loads that are under extensive pressure. Some would say that the trainer should have said no. Many do. But the very next load assignment it’s the same pressure until they give in and Werner doesn’t exactly take no for an answer. It’s like pressuring a person to have sex until they give in and then claiming it wasn’t rape. It was consensual. No means no.
Does Werner deserve to have to pay $90m absolutely. Does that mother deserve any of it? No. The real victims are the kids who were riding in that car and the trainee who Werner failed long before that wreck ever happened. That lawyer did allot of research and earned his cut in that.
I work for these guys. Been there two years. I have delivered my loads late, more than once, due to getting sick on the road.
They never held it against me, didn’t put any marks in my record. They just contacted the customer and told them I was going to be late.
A lot of trucking companies preach safety. These guys live it. Really take it seriously.
I plan to retire from these guys. I’ve never been with a company that takes safety as seriously. They put safety before the customer, and do it without batting an eye.
At what point does common sense take over? The lawyer argues the driver should not be on the road, the company failed to inform the driver, the driver didn’t have an exterior temperature gauge, nor did the driver have a CB. First and foremost, I’m sorry for the loss of life. That being said, this is why juries should not be a part of civil cases, as they are driven by emotions not facts. The facts show, without a doubt, the individual responsible was the driver of the pickup. That’s why all civil cases should be heard by a three (3) judge panel. But in this case, as it sits, I can’t help but wonder why the judge didn’t vacate the ruling, the jury obviously had no care about all the facts and simply ruled against the company (and thus the driver) because of their feelings.
If they had thought about the facts, even if it was never brought out in court, the young lady should not have been out either. Since the driver for Werner did not make any mistakes, did not fail to keep his rig in constant control, the only one to blame is Miss Blake. She failed to take weather into consideration, she didn’t have the experience to drive the road conditions, she was obviously ill-prepared. The other issue which bothers me the worse, the lack of basic safety equipment, a temp gauge and a CB radio. Folks, I am a commercial driver and prior to that, I was a Law Enforcement Officer. So I say this with all due respect to bottom feeders, a.k.a. lawyers, at no time in history, nor under policy or law, is either of those items safety equipment, let alone BASIC SAFETY EQUIPMENT. Neither of these items are even listed as potential safety equipment. I had a CB in my truck for about 6 weeks, but became so disgusted with the racial garbage that often filled the airwaves, it now sits in a closet at home and will never go back in.
Werner has enough lawsuits filed against them I believe they are guilty of, especially those with regard to underpaying drivers, as are most trucking companies. But, in the case of this tragedy, Werner, nor the driver, should be liable for any damages, injuries or death in this event.
I am not judging. I wasn’t there. But put it this way. 90 million dollars…That is a lot of money. When there are so much money on the stake..you never know. Emotional reaction …well….I don’t know
Haha this is hilarious. Them crooked lawyers will say whatever they have to in order to get a 33% chunk of that $90,000,000 payout! I wouldn’t worry too much though, Werner filed an appeal and I’m sure it will be overturned if the stated facts are indeed true.
If this verdict is upheld I’m done with this business… It just becomes open season on big trucks… the judge needs to have his head examined too
This is why I flip a bird at every lawyer billboard that reads “Hurt in a wreck with a big-truck?” Most of these lawyers really are total scum who wasn’t good enough to be a real lawyer.
Go thru atlanta,on 285 alex,sunderrah he got billboards all over
If the lawyer contends that the truck shouldn’t have been on the highway, then why was the pickup on the road? Shouldn’t the woman have realized the conditions were bad enough that she should’ve stayed out? Did the woman have a CB radio and an outside temperature gauge to let her know the weather was bad? As I see it, the lawyer’s argument works just as well for Werner. Now, I’m NOT a fan of Werner, but in this case it’s clearly a case of GREED.
You are guilty no matter what. If you were a celebrity, different story. The Company always loses in Court. Thank a lawyer, human greed, and our Judicial system. The system is broke. Maybe we should look at how other Countries settle these matters.
I love your country and I miss hauling freight to it, but insanity like this one makes me glad I don’t anymore and I stay in Canada.
When trials are by jury, it doesn’t matter who’s at fault because the jury (12 idiots) will look at cases like this.. The person is paralyzed and will need money for health care for life and Werner has money so let’s give her some. This is the same reason innocent people end up in prison for crimes they didn’t commit. The jury will say “well, he looks guilty”
We Truckers go thru adverse weather all the time , if We shut down people won’t get their goods on time , most of the time We shut down when We consider it’s too dangerouos to be out , in this case I would have do same ,the heavier the vehicle /the better grip will have ,Cars on the other hand have a choice , I would never drive my family in such weather, They opt in on that one.
It is bad enough to drive when it is raining with the majority of oil field trucks spilling some of the cargo on us hwy’s,interstates it gets a little slippery in areas in West Texas now imagine in freezing rain we need to deliver freight but also if safe to drive why creep along the way if it is forced dispatch not good to take a chance on your own or any body’s else’s life rather get fired for doing right choice my heart goes out to familys tradegy but just like they have something to do we have the same it’s called a job
This is the new society!! Liberal bastards that want money!! I am driver and have had 1 major accident that took a life. I was not at fault and the officer on seen stated this. The family tried to take it to court but lost the case. I feel for the family but it’s the 4wheelers that need to be delt with. Should make every single person pass a basic CDL knowledge test to get a liensce.
The idiot judge needs to be taken to court for his questionable decision
90 million for what? Are they saying their son’s death can be compensated with 90 million? How was that figure calculated? If an earning member dies, there is some logic for the loss of income but whats the logic in this case? A possible future loss of income?
My deepest condolences to the families of the deceased, and everyone involved, including the truck driver and his trucking company.
This is a truly horrendous tragedy.
However, in no form or fashion can or should the truck driver be held responsible.
Had the truck traversed the median the litigators would have a foot to stand on.
If we had NO COMPASSION, the litigators should be sued for all the reasons they list for holding “the driver” at fault. The lawyers and law firm that tried to blame the victim and defraud their insurer should certainly be sued for defamation and costs incurred by the truck driver and trucking company in defending themselves against such a ludicrous travesty of justice. Plus punitive damages
This ludicrous judgement creates a PREPOSTEROUS precedent: even when the truck driver is a VICTIM he or she will somehow be found guilty and/ or at fault.
In reality, with some COMPASSION and BASIC HUMAN DECENCY, it is very clear that no-one was at fault.
EVERYONE SHOULD HAVE STAYED HOME. Had they “KNOWN”, I am certain that they would have.
Weather Forecasts are wrong at least 50% of the time.
If inclement weather materializes along our route, EVERYONE should get off of the roads as soon as possible. Unfortunately this is often easier said than done.
Some accidents are unfortunately ACCIDENTS. No-one is to blame. Nature was to blame. Nature cannot be sued… but needs to be RESPECTED.
Lawyers and Law Firms that try to pervert justice by litigating, defaming, and causing irreparable damage to victims and their reputation certainly need to be countersued for costs, damages and a punitive component.
EVERYONE involved in this accident was a victim. My condolences to all. They all need the HAD BAD experience Teaching Models/ Counselling Tools, (a Grief Counselling Tool), free on the internet. Most probably survivors, and the families of all involved also need GRIEF COUNSELLING and COMPASSION, not litigation.
I would hope that the trucking industry come together to defeat this ludicrous ruling… and take it to Appeal.
Rick Blatter
This sends two messages. One to the motoring public, the second to truckers:
To the motoring public: ‘I can do whatever I want around trucks, because I can sue them if I accidentally hit one of them.’
To truckers: ‘No matter how hard you try to do it right, your career can be placed in immediate jeopardy by anyone with the mindset of the above.’
I am one of those guys who has a perfect safety record. I try to do it right every mile. I never speed, I try to be as careful as I can in everything I do. I do my pretrips, I am super careful when backing, I always pay attention in traffic. But the above demands why should I? This verdict is telling me why shouldn’t I just be lackadaisical? It’s telling me it doesn’t matter if I do everything right. The first careless person who comes along can ruin my career, maybe cost me and my company dearly and maybe even see me imprisoned. Why shouldn’t I be careless? Why shouldn’t I just take unnecessary risks? Taking my time to do everything right is just me wasting my time? Isn’t it?
Isn’t it?!
That is sure what this verdict is telling me. It is what this verdict is telling our industry.
Maybe the owner of the 4 wheel truck forgot to check the weather before loaning the small truck to her friend who clearly proved she can not handle the hazardous weather condition.
Maybe the owner of the 4 wheel truck forgot to check the weather before loaning the small truck to her friend who clearly proved she can not drive in the hazardous weather condition. Also, how did she fit so many people in that small truck???
“vehicular manslaughter” Yea I lose my CDL in 2005,because of the Ohio Police,the Ohio Attorney they got for me, and the Ohio Judge, and all of them playing “politics” to cover up for the Ohio state employee driving an Ohio state owned car running a red light in to the rear right side at the duel rear axle of my truck. killing HIS passenger.The point was made on the radio today…that ” the prosecutors have to much power to ruin innocent people’s lives, and should be held accountable”. You don’t have a company name on the side of your truck….you have dollar signs. The guy who ran into me….turned around, and sued me. His negligence was never brought up in court. What was he doing that he couldn’t see a big truck in the middle of an intersection making a turn on the green light ? The Toledo Blade newspaper said that ” the truck driver COLLIDED with the car ” Really ? I sure wasn’t driving backwards ! I guess it’s all comes down to just “which side of the fence your on ” Being an honest person, or a dishonest person ?
This isn’t even a question of guilt or innocence. It’s a dollar issue. That’s all. That’s it. Tragic ? Not a question either. It’s horrible. Tragedy will come when a settlement of any dollar value comes. If Big Trucking doesn’t step in here to help Werner and this driver it’ll be a total disaster. At 90 million dollars I’m certain the Werner folks are already talking to their lawyers about an offer to settle. They’d be foolish not to if they have to do it alone. Worse yet. Even if Big Trucking steps up to help. You can be certain this driver will go down in flames. Someone is gonna pay this lawyer. The family. They’ll get what’s left. Werner settles this case for x amount of dollars. Might as well put a blank check on the side of your trailer and crash here on the back. Be safe y’all.
If this were one of those self driving rigs would it be out on the road in dangerous conditions?
I’ve been driving commercialy since 1975 and it’s always been my understanding that it was my decision when a person feels it’s safe to drive and that’s the way it’s always been
But I can’t believe some judge decided against the Truck Driver when he didn’t do anything wrong! He was doing his job and was in his lane !
But maybe this Judge has had something happen in his life that he’s got it out for Truckers , maybe his wife or Girlfriend left him for a truck driver,
But I think he needs to go back to law school
How can you have a fair trial if the jury is made up of mindless stupid people
Juries are only comprised of people who aren’t smart enough to get out of jury duty, or who have a vendetta to fill depending on the case.
Werner should put a 90million dollar lawsuit against the pick up driver on their drivers behalf for what Werner’s driver has to live with now
I agree
Yes and go after the corrupt or senile judge….who in their right mind would come up with such verdict…it is ludicrous
They’ll never see a dime. This is ambulance chasing at its worst. Deep pockets do not make a trucking company guilty of doing their job.
So what’s new? It’s ALWAYS the driver’s fault. Just ask the Safety Dept.
So if the liability is on the Werner driver for the bad weather report. Then way did Blake choose to drive in the same conditions. Did she have a CB? outside temperature indicators? Did she choose to put her family at risk by driving in bad weather?
Thoughts and prayers my arse. If you put yourself in a position that jeopardizes my life guess what ? You’re dead. Too many of my friends have lost their lives and livelihoods behind a 4wheeler doing dumb stuff. That goes for members of my family too who screw around with big trucks out on the road !!!
And if road conditions were that bad, the “road” should have been closed. Since it wasn’t closed, shouldn’t the state of Texas/TDOT be at fault as well?
All drivers should boycott and let them suffer from services supplied by truckers when as truckers have no respect and no care for the service we provide to feed and clothe America so unfair to professional drivers this verdict is utter disrespect and no refuse for what we do to provide to the country horrible verdict and sorry for family but no need for such a insane verdict I feel sorry for the owner op who doesn’t have a 100 mil dollar policy what will he or she do to make honest living being screwed with such out standing lawsuit couldn’t make a living and will lose everything if hit by another idiot driver America has lost it’s common sense cars do not respect trucks that can kill them in a instant these are dark times
I would sue the family of the out of control pickup driver, just to make a point.
so the truck is at fault because he was driving when it was slippery? this ruling is insane, every one should support werner in their appeal.the CB is irrelevant to today’s environment. though i continue to report road hazards on it, i have not been informed of a hazard by the radio in years.
This sets a bad precedent for truckers across the nation. Even when you’re right, you’re wrong.
So now even if we are any place legally. If a four wheeler loses control of their vehicle and hit us they give the four wheeler money for that. Someone please read the law and then apply it. They really need to put caps on how much money they can get from insurance.
When a child dies or is seriously injured a jury will generally make a decision for the grieving family regardless of fault. It’s not fair nor even right. It will probably go to arbitration and a judge will very likely fine the trucking company $1 million just because they were there. The driver that caused the accident is exonerated and the commercial trucking company pays because kids were involved…..life ain’t fair!
Incidentally, what speed was the vehicle traveling considering they lost control and crossed a median?
Considering that the driver maintained control of his vehicle, despite the conditions, AND despite his truck being struck by another vehicle in those conditions, clearly indicates that someone drugged the jury with liquid stupid.
It was a preventable accident, yes, ut there is no way that was the driver’s fault. Hopefully Werner will win on appeal, because if they do not, the trucking industry is as good as dead.
Verdict is result of the plaintiff attorney using the “Reptile Theory” of attack against the truck company. Make the big, faceless truck company the greedy villain. Everyone else with a face is an innocent victim – even the truck driver. The dirtball attorneys who utilize this are causing the same financial destruction to legitimate trucking entities and their insurers that attorneys used to destroy hospitals and doctor careers in the 90s via junk science. Without a loud demand for tort reform, there will soon be no affordable insurance for trucking. Then the bottom feeders will move to their next target to bankrupt.
I started driving in 1990, and I NEVER got out on the road without a CB radio.
I understand, this new “kitty kitty” breed of steering wheel holders doesn’t like to hear MEN talking on the CB radio, but the constant dangers around every curve that NO GPS OR Qualcomm can track make the CB radio an absolute NECESSITY!!!
I wish a law could be passed making a CB radio MANDATORY…it must be turned on and must be audible anytime the gearshift is engaged!
I have been retired since 2013, but I run a CB in my Ram 1500, and if my passengers don’t like it, they can WALK!!!
Bigger picture here if this holds up under appeal… The push for autonomous trucks is behind this decision. If it were an autonomous truck it could have been shut down instead of on the road.
Ridiculous.
Clearly the mother was the one driving dangerous and should be locked up.
I swear these days people want to attack truck drivers every chance they get and also get money out of it when they can. There should be $0 coming out of werners pockets for her dumb mistake. So these days its a safety issue for truck drivers to not have a cb or temp guage? A lot of cars do not have a temp guage, hardly any 4 wheelers have a cb but what do 4 wheelers have to get weather alerts? A cell phone and a FM radio…the same damn thing truckers have. I would love to see the outcome if 100% of drivers parked and took a vacation even for 3 days……people dont seem to realize this country is ran from trucks. My hat is off to all those truckers out there!
And the DOT wants to BAN CBs in Trucks!!??
I agree, they SHOULD BE, AND ARE A “SAFETY DEVICE”. They should not be banned from trucks.
CBs should be OBLIGATORY EQUIPMENT in all trucks! (But they are not, and the DOT is even talking about eliminating/banning them???)
Why does this lawyer know this but not the DOT?
LUDICROUS RULING!
PREPOSTEROUS!
“Ruling” NEEDS to be overturned and law(s) REWRITTEN so that such a GRAVE TRAVESTY OF JUSTICE can never happen again!
The judge is out of his mind or seriously corrupt…why is that judge still on the bench?
He needs to be removed obviously
Trucking companies need to come together and remove that corrupt judge…this is beyond ludicrous
Lawyer Disease!!!!
Dispatcher to new driver. “Just take your time, be safe but GET THAT LOAD THERE ON TIME.” Of coarse it’s not the drivers fault. Plus the pick up didn’t lose control on purpose. It’s nobody’s fault unless the driver was FORCED and/or INTIMIDATED by his company or dispatcher. I wonder if that came up in court.
A horrible tragic accident. It was a weather advisory not severe enough to close the roads. As sad as it is completely the pickup driver’s fault.
This almost sounds like the typical logic of the 9th Circuit. Werner should counter sue for fraud.
PREPOSTEROUS!
My condolences to all involved.
It was an “ACCIDENT”. Although if we need to find fault, the FAULT is clearly with the pickup truck Driver that LOST CONTROL.
Compassion is required. Not litigation.
Totally LUDICROUS “RULING”.
First of all I can’t imagine losing one of my kids! The anguish and pain, the what ifs and all. With that being said, I cannot believe that the Texas judicial system has allowed this complete and utter rubbish! That truck driver was doing his job! Here’s a guy driving in adverse conditions under the posted speed and maintaining his vehicle. Coming towards him a pickup truck who loses control goes through the median and hits the semi truck! And the complete idiots of the jury can all say it’s the fault of the truck driver!! UNBELIEVABLE!!!