I've been off the board so don't know how closely this story has been followed here, but this report on testimony by Crete driver Alvin Wilkerson who was responsible for the deaths of 7 children when he fell asleep at the wheel seems to raise more questions than it answers, though to the uninformed public it certainly seems damning.
Point 1 - he had just taken 34 hours off, so how is he (and the headline of this article)blaming his manager for his not getting sleep during that time?
Point 2 - without context, a message telling him he is running behind the previous week means nothing more than he's running behind, and says nothing of his hours on duty. Did he oversleep on his off time and start his run late? If so, how does that implicate Crete?
Was he taking breaks causing him to be unable to do a certain number of scheduled runs per day? If so, how does that implicate Crete?
Reading this article is like listening to one side of a phone call.
this just posted by the Florida Times Union writer paul Pinkham :
Last modified 6/28/2008 - 11:31 pm
Originally created 062908
Trucker explained pressure to keep up
Afraid of losing his route, Alvin Wilkerson stayed awake 34 hours before a crash that killed 7 children.
By Paul Pinkham, The Times-Union
LAKE BUTLER - A week before he fell asleep and killed seven Union County children in a 2006 crash, a Jacksonville trucker received a series of text messages from his boss at Crete Carrier Corp. urging him to pick up the pace.
"I need you to keep up or we will lose this lane," one says.
"What is taking so long?" asks another.
The messages were part of a three-hour sworn interview that truck driver Alvin Wilkerson gave prosecutors last month before pleading guilty to seven counts of vehicular manslaughter. Wilkerson, who'd been awake 34 hours when the crash occurred, told prosecutors he felt pressured to keep driving or risk losing a coveted route that kept him close to his family.
"My company, they knew where I was. They knew what I was doing," Wilkerson, 33, said. "They didn't send me anything saying, 'Hey, this is wrong.' "
Officials with Nebraska-based Crete didn't return several phone calls last week. The company has a satisfactory safety record from the Federal Motor Carrier Safety Administration. Agency records show 459 Crete trucks have been involved in crashes, 12 fatal, during the past two years.
A transcript of Wilkerson's statement was requested by the Times-Union after he was sentenced June 12 to seven years in prison. As part of his plea agreement, he agreed to testify in future proceedings.
State Attorney William Cervone of Gainesville declined Thursday to discuss Wilkerson's statement or any further legal action.
"We are considering what [legal] options are available," Cervone said. "One of the things we're trying to determine is who's done what and who has the authority to do what with the company. We've been focused up until now on Wilkerson."
Cervone wouldn't disclose what options authorities are mulling, but they could include criminal charges against the company leading to potential fines or sanctions by federal regulatory agencies.
After his plea, Wilkerson also gave a deposition in lawsuits filed by the crash victims' families against Crete. Lawyers for the families wouldn't discuss the case.
Wilkerson told prosecutors May 7 that he drove extra routes hauling water between High Springs and Jacksonville because he didn't want to lose a route that allowed him to be home with his wife and children rather than driving cross-country. He said it wasn't about money - he got paid the same no matter how many routes he drove a day - but about his supervisor's fear that Crete could lose the route.
"I wasn't under the impression that I was about to lose my job or lose my truck or nothing like that," he testified, without immunity. "I'm trying to make him look good and me look good so that this ... route can stay right here in Jacksonville."
The pressure to keep up intensified the week before the crash, both in conversations with his supervisor and in the text messages sent to the truck, Wilkerson testified.
"The accident occurred because I took on his problem and made it my problem," Wilkerson said. "He was 20 loads behind, and he said somebody ... was getting on his back and they were constantly telling him about losing the account. So I in return said that I've got to keep this account. It's getting me home every night."
Wilkerson said the company had a positioning system that identified where his truck was whenever it was running. He said he had been criticized for sleeping too long on a previous run.
The crash killed seven children when Wilkerson's 2004 Freightliner semi rolled over their car, which was behind a stopped school bus on Florida 121. Both vehicles crashed into the bus, and the car burst into flames.
Wilkerson told prosecutors he remembers seeing the bus off in the distance but doesn't remember seeing the car. After the crash, he was accused of taking pictures with his cell phone, but he said he was frantically dialing his employer and family.
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Pushed to keep going
Here is an excerpt from a three-hour sworn interview that truck driver Alvin Wilkerson gave prosecutors last month before pleading guilty to seven counts of vehicular manslaughter.
Q: Now I'm going to show you page 899. The date of the message from John Graham to you is the 17th of January till about 12:08 Central Standard Time which would have been about 1 o'clock in the afternoon. The message from John, "Are you even going to be able to deliver a second load today? What's taking so long?" Take a look at this and tell me whether or not you recognize it?
A: Yes, I recognize it.
Okay, and did you get that message?
Yes, ma'am.
And based upon that message, did you feel an obligation to continue your driving and get the work done?
Yes, ma'am.
Even if it was going to put you outside of hours?
Yes, ma'am.
Even if you were tired?
Well, yes.
You would have pushed, you were going to push through, weren't you?
Yes.
Alvin Wilkerson testimony
Discussion in 'Truckers News' started by bbmyls2go, Jun 29, 2008.
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how many of us here these messages every day from dispatchers.....?????????? this guy's dispatcher should be made a good example buy the dot.....
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Crete is going to FRY on this one. They have the Qualcomm messages showing them forcing this driver to Voilate the HOS driver agreed with taking immunity that he would testify in further cases so they have more than this. He also probaly has a book showing how many hours he actually was working and handed that over already. I would not want to be 4 people in CCC right now one is his former Dispatcher 2 the Log book Aduitor 3 Head Safety person and last but not least the Owner of the Company.
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Having driven for 16 years and now in the safety dept. I have seen it from both sides. While my heart goes out to the families of both sides of this sad situation, the driver is , in my opinion, is totally responsible. Would anyone at CRETE have taken any action against him for driving legal? They may have threatened, but in my experience it would have been hot air.
Because this driver thwarted the rules, there are a bunch of dead children. As drivers, you must make the decision to do the right thing and get your proper rest. Sure, CRETE may get fined and lose a lot of money, but the driver is the one who will ultimately lose the most.
I have all the news broadcasts from this incident and I use them as examples all the time. "Don't let this happen to you".
MagicMan -
there is no one involved with this accident who is at more fault than the other... THEY ARE ALL EQUALY AT FAULT!!!!!!!!!!!!!!!!!!!!!! THEY SHOULD ALL BE PUNNISHED TO THE FULLEST OF THE LAW!!!!!!!!!!!!!!!
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If they can link it to the CEO. He will go down too.
While companies can leave a driver out to hang alone. Where there is loss of life. the entire ship can be sunk.
I'm still not sure about his 34 hour statements. Was he awake during his reset? Or did he mean he had been driving for 34 hours?
Performance related instructions that could be held against the company. Will only be held against them, if they are aware of the situation. A simple Q about being late, or taking too long a break. Isn't grounds for shared guilt.
Besides, I know too many idiots that run routes simular to the one he ran. They too find it difficult to maintain the pace. I won't bother with the details of those, since I don't know if his situation is the same. -
All I know about this is that both drivers should not been on the road. the 15 years old and the truck driver. this whole mess happen up the road 11 miles from me.
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Crete's lawyers are going to have a Field day with this one, especially after the blonde moment the parent had on live TV. This one will NOT be settled out of court. We're talking serious jail time for upper management types, and the future of the company hangs on this case.
Parent ... "Many people say my child shouldn't have been driving that day. It wouldn't have mattered, she would have been on the very bus he hit."
I'm still scratching my head as to the reason why a child under 24 months would have been on the bus ? I'm still scratching my head as to why a parent would send an unlicensed/untrained driver into the busy Florida streets and highways with 4000 lbs of steel, to begin with.
None of the kids were their natural children. They were all adopted. So no, I'm not sure they would be feeling the same pain as I would....had it been mine. But I'm 100% sure they will get as much money ,as if they were their own responsibly raised children. -
The fault here lies at the feet of the driver alone. Yes I know that the dispatcher and the company may be help liable and they will pay large amounts of money, but the driver made the decision to run tired. If the dispatcher had told him to go rob a bank, would he have done it? Who would be held responsible then? There are 7 dead children and the grandfather because the driver was tired. I have driven tired when I started my carreer and that was wrong. I got out of the truck the day after Christmas 2004. I empathize with the driver, but who is the one goin g to jail. The laws were put on the books to get tired drivers off the road. There is no amount of coaxing now that could get me to drive tired. Nothing that anyone could threaten me with that would make that happen. If we dont take charge of ourselves, then we will always be under the thumb of someone else.
I work in the safety department now and I see it from the other side now...You must, as drivers, be in control of both your truck and your body and when it's time to rest, then, go to sleep...
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If the communication between the company representative and the driver can be perceived as "pushing/threatening" the driver. Someone else is about to get a friendly court appearance. This case is not over, by any measure of the stick.
While it may be true the driver is at fault. His company and it's supervisors will share some of the same charges. And, they will share some of the same jail time.
There isn't "plausible deniability" anymore when it involves a fatality with a big truck. Dispatchers, Fleet managers, and anyone else involved can and will be charged as accessory's.
He got a sweetheart deal. You don't think they offered him that, for the money do you? They are going to bring criminal charges.
Keep your eye on the headlines.
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