The family of a man who rammed into the back of a CRST truck which was stopped on the side of a highway is suing the company in a wrongful death suit. There has been a long legal battle over whether or not the case can even be heard, but a new ruling from the Wyoming Supreme Court will allow the actual lawsuit to begin.
On February 11, 2014, two CRST drivers were headed eastbound on I-80 outside of Rawlins, Wyoming. It was around 6:45am and the driver was getting tired, so he asked his co-driver to take over. He pulled the truck into the emergency lane and turned on his hazard lights so that they could switch. A short time later, a Mazda CX-9 driven by David Crashley rammed into the back of their truck, killing him instantly.
According to the accident report, Crashley did not attempt to brake or swerve to avoid the truck. It is not known why the accident occurred, but weather was not a factor. After the accident the CRST driver received a citation for parking in the emergency lane.
Approved by a 3-2 ruling, Crashley’s estate is now suing CRST International Inc., CRST Expedited Inc., and both truckers. The lawsuit claims that the drivers illegally and negligently parked their truck in the emergency lane. While that action did not cause Crashley to enter the emergency lane, the lawsuit claims that the truck being where it shouldn’t have caused the accident. The lawsuit points out that if the truckers had stopped at a truck stop which was just 1 mile away, the accident wouldn’t have occurred.
Unsurprisingly, attorneys for CRST see it differently. They claim that CRST is not responsible for Crashley’s death because the accident occurred in a lane where Crashley was not supposed to be driving.
The case will now go to a jury trial. A date for the trail has not yet been set.
Source: ttnews
Mark says
Of course they’ll win. The truck driver is always wrong, even when parked.
Fozzy says
*illegally on the side of the highway
Mario says
Thats a BS response, if I throw my fist around and your head happens to be there illegally, then ill sue you for causing injury to my hand. Trucker was ticketed improperly. As the trucker was tried he was unsafe to drive, hence he is legally allowed to park in the emergency lane. People need to be more reaponisble behind the wheel.
Bullfrogg says
Being too tired to drive is not an emergency. Trucker is at fault. You’re probably one of those guys that pulls in the emergency lane to pee.
Sebastian says
This dummy would of died if a car or truck broke down on the side and would of been there instead . One less dummy pay attention to the road on his phone for sure
Scott Landis says
Wrong
Old Wizard says
No you are wrong. “Emergency parking only” does not include too tired to drive. Had the driver placed his triangles out, it would have made all the difference in the world.
Ron says
What if he had blown a tire, is he supposed to continue driving down the road or pull into the emergency lane. That is what it is for . Drive in the car is at fault, probably asleep at the wheel and drive off the road.
Sebastian says
All the difference?? Really so he would of gone of the road hit a tree and die. People like that should die he was probably on his phone obviously he was distracted by something not to hit the brakes
DORIAN PARKER says
If a regular person was driving the car and died because an idiot was not looking ahead where they were driving would you still say it was the fault of the person who had their hazard lights on while stopped the side of the road? The trucker was trying to do the responsible thing! That idiot didn’t see a huge truck with hazard lights on blinking???? That makes no sense. One does not put triangles out to switch seats. Seems like this person should not have been on the road. I mean even without hazards on if I am not suicidal and there is a huge truck in front of me I am going to stop. Anyone paying attention without a death wish would have stopped!!!!
Scott Landis says
Switching drivers due to fatigue is an emergency and no you don’t need triangles out till you get them out he would have been run over by the guy who rear ended them people need to take responsibility for their own dumb actions I feel bad for the guy but maybe he should have stopped himself back the road and he wouldn’t have run into the back of the truck
Alex Velez says
triangles are required if the truck is going to be in the emergency lane more than 5 minutes. Driver change doesn’t take that long. The article doesn’t say how long the truck was in the emergency lane before it was hit. Hell it could have been immediately after the truck pulled over.
Jason says
You have ten minutes to place triangles once you pull over into the breakdown lane. If it takes you ten minutes to switch drivers, then you are just slow af.
I agree that the truck stop or another off ramp, both within a mile in either direction, would’ve been a better choice, but ultimately the blame lies on Crashley whom left the legal travel lane for whatever reason.
If you’re driving down a suburban street, and hit a car that’s parked in front of an expired meter, that doesn’t make it the fault of the parked car even though it is illegally parked.
Same thing applies here.
Roger says
It’s the emergency lane, falling asleep is an emergency. Getting a ticket was criminal as well as filing the lawsuit
Dan Andrews says
Crashley was illegally driving on the side of the highway also. Maybe the company should countersue the family for damages incurred.
Bilcom says
that is why they issued the citation
Barney says
Crashley crashed!!
Ed says
Culling the herd-if your that stupid you shouldn’t be in the breeding population…
Sanford says
The driver fallen asleep if he didn’t hit the truck he would crash into the guard rail ricochet off it and went to the opposite side and crash into oncoming traffic killing and injuring more innocent people because of his stupidly or test for drug and alcohol
Awesome Guy says
By emergency lane, you mean the shoulder?
I don’t know about you but I avoid parked vehicles.
Patricia L Munsch says
I don’t see how it’s the truckers fault. I think that 4 wheeler driver must have been impaired one way or another. At least it stopped him from going on and possibly killing a family or children
ryno says
If you’re tired, YOU’RE TIRED no matter if a truck stop is one mile or thirty feet. If a driver feels he is unsafe to drive at that very moment, he or she can pull over in any emergancy lane and switch. From what I can tell, it was exactly that, an emergency situation in an emergency parking area!!! You lose Crashley even though you might win
Instagram: MuthaTrucka69 says
That’s literally exactly what I’m thinking. An emergency lane is for use in an emergency. That’s it’s very reason for existence. The driver got a citation that read, “$500 fine for using an emergency lane during an emergency.”
Frankie says
No pun intended…. CRASHLEY???? I will give him the benefit of the doubt… but.. probably just another idiot 4 wheeler driving like an idiot. God Rest Your Soul…. either way. And yes he will win…. they always do… the big bad killing machine known as the the Trucker will ALWAYS LOSE!!!
Barney says
Crashley crashed!
J.D. says
In the State Of Wisconsin as long as you have your triangles out you are not responsible.
From a State Patrol Officer who checked upon me after my truck died along the freeway.
I also had 2 hours to make arrangements to remove the vehicle and my company sent for a tow.
Bay0Wulf says
So … you may be absolutely correct … in fact, I know you are.
How long is a driver allowed to be stopped before the triangles are set up? This sounds like a couple minute stop to switch out drivers.
Four wheelers do strange things … I’ve been hit by three … all determined to be “no driver error” … one of them overtook me on the right, hit my front tire, spun around, wrapped himself around my bumper, and then spun away across the 3 lane highway.
The first trooper to arrive called an accident specialist trooper to take the information. All my required info was correct, I was less than an hour from home … I was on the road less than 4 hours … after taking my statement the trooper wanted to know how I had hit the car … the trooper threw me a ticket and I was told that they’d call me when I had to go to court … almost a month later my company … not me, but my company was informed that the ticket was scrapped and the evidence (skid marks etc) made it obvious that there was “no driver error”.
If theres a way to screw the driver … the driver WILL be Screwed.
I have a CDL-A with HazMat and I can’t see driving ant more even though I keep the license and endorsements up to date.
The pay is STILL lousy regardless of how they scream that there aren’t enough drivers … do the math … $65k per year (Big Money) 65 avg hours p/wk = $19.67 +/- per hour straight time IF the wheels are rolling most of the time.
Bobby says
I’m a commercial driver we legally have ten mins after we stop to put our triangles out
Ron Jewell says
Yeah when I started driving. A buddy gave me a few condoms. Telling me those were
for the DOT! So when I got pulled into scale house. They could safely screw me!!
Sure did get some looks from dot after seeing them in my logbook. Luckily none asked bout them. Cause only answer I could give is I’m a safe driver! Lol
Shogun says
I am so sorry your truck died. Remember the good times.
mike says
Always the money grab
Steve Gross says
It’s those dame attorneys get hurt by a big rig even if it not rigs fault I’ll get you millions. Dead or alive
Ronin Tondah says
Could this happen in Brazil? (Truckers strike: Army called out to clear roads; supermarkets empty; etc.)
Abso says
The defendants should ask for a bench trial and let the judge decide. Juries these days are all too willing to take a company’s money even when they’re clearly not at fault. Because why not? The faceless company won’t miss it, it’s just a line item on their balance sheet, right?
Frank Sweigart says
Turn around and bring a law suit against this family for harassment.
Mike says
Changing drivers, reading your map, taking a pee, looking at the antelopes, are not reasons to park on the side of the interstate! Just sayin!
Larry says
So the tired truck driver continues driving and lapses off crashing and then what. At least this driver was conscientious enough to take himself from behind the wheel before crashing. Sadly the deceased driver can’t tell us what their state was at the time. Family lost a loved one and the conscientious driver may lose their livelyhood.
Ron Jewell says
Yeah hate to be like a Swift driver. Years ago crashed in the Columbia gorge. News reporters asked him what caused the accident? He responded on national TV! How he fell asleep at the wheel! Lucky for Swift & others. DOT supports them! And dispatcher’s who push the limits. Then go home for good nights sleep.
Charlie says
Driving on the shoulder is legal then. Is this what you’re saying?
Orland says
Yes but this is not Brazil, here in USA truckers are afraid to strike, everybody is in debt, if they stop for one week they loose everything, their house( that they can’t afford that’s why is financed for 30 years) their cars (they can’t afford thats why is also financed or leased) is not like it is brazil, right here we own nothing, that’s why we can’t strike
Charles Ball says
That’s only because you can’t afford to own anything. You don’t get paid enough.
Ken Sawyer says
I just had surgery and have been out for 6 weeks. I have a Home motorcycle and I just bought a brand new F150 and I’m not broke. And no I don’t have any short term disability ins. I am living off of my savings just like I did last year when I was out for 3 months after a surgery and still took a cruise. If you can’t take a week off without loosing everything you own I have news for you. Your going to loose it anyway.
BroOfX says
Having been harassed and eventually crashed into intentionally when I went as far as I safely could on the shoulder to avoid contact…CRST will be found responsible. Cars can do anything they like to truckers.
Andrew H says
From what I’m understanding, there’s a huge thing going on to remove tired drivers from the roads. ELDs, automated driving trucks, etc. So, the one time that a drivers was doing the right thing and pulled to the shoulder of the road (emergency lane my backside, call it what you want, breakdown lane, emergency lane, it’s called the shoulder) to relieve fatigue or in this case to swap in a rested driver, is perfectly acceptable.
Anyone who rear ends a parked semi on the shoulder on a good day with a functional motor vehicle, is probably driving with their focus elsewhere like a phone or dashboard screen or a GPS, and is flying along keeping red lights in their peripherals to maintain their lane orientation.
I’m sorry someone died, but they should look at the other side of the story too. Distracted driving probably kills more than fatigued and drunk driving combined.
Larry says
Agree
Bob says
45 years on the road and a breakdown lane is exactly that. It’s not for changing drivers or any other reason. Too many truckers are now using the breakdown lane. You at risk the whole time , from slowing down to pull over, sitting there, and the re entering the highway. I don’t even like sitting on an exit ramp, stop on the entry ramp.
Fozzy says
Exactly.. this idiot didn’t pass a ramp in the last 10 miles? This was almost certainly what this driver did on a regular basis. Now he’s killed someone. There is a reason that companies (and the law) prohibit parking on the shoulder for idiotic reasons. These two goons cost their company millions of dollars for no real reason.
dave bean says
10 miles in wyoming, probly not.
the car driver crossed a solid line, that should be viewed as loss of control of his vehicle.
the shoulder is built for occasions such as this.
truck driver is using logic to switch seats, how can he be faulted.
DJ says
Correct. Well said.
Jeff Pearson says
47 years of driving…its called a SHOULDER.. we used to use it for sleeping at night…i dont know where youre from.. but where i live.. on many highways you dont have truck stops or on and off ramps to pull over on..for sometimes 40-50 miles..sometimes you dont have shoulders where you pull off on even when your truck or car is broke down.. its called common sence..alot of that is lacking today..and you didnt have all of these idiots that think a shoulder is just another lane to drive on..driving a motor vehicle is a privilage not a right..but some states havent figured that one out..and hand out licenses to any idiot that walks by..and let them drive a car…
Charlie says
@Bob. I run a dedicated run everynight. There are several vehicles parked on the side of the road from breakdowns or whatever, no triangles, just a car in the “emergency lane”, I call it the shoulder, some have been there a week. My question is, if I plow into one of these vehicles, can I sue the owner?
Shawn gherity says
Typical ambulance chaser tactics. The fact is the guy caused his own death by not paying attention to what he was doing(sleeping,texting,reaching for coffee,tuning the radio it doesnt matter). If he had stayed on the road like he was supposed to he would be alive.
Of course those 13’6″ tall 8’6″ wide objects with bright red flashing lights and reflectors plastered all over them are really hard to see right???
Lynda B. says
And now we see our fellow truckers parked all over the roads, thanks FMCSA for you infinite wisdom and failure to perceive the full potential consequences of ELDs.
Mike says
Well the shoulder is not for switching drivers it is for vehicles that are broken down so yeah its their fault im sick of you idiots parking on the shoulder to piss maybe this will teach you all a lesson in how to properly use the road.
EncoreCareerDriver says
Had the truck been broken down would CRST still be named in a lawsuit? Of course they would. The lawyers would just find something else the driver did “wrong” during the day that put him in that location at that particular moment.
Mark says
Spoken like you harvest hate. See more 4 wheelers stop peeing them selves or there kids you name it. You just have Hate in you towards big trucks, probably couldn’t pass your CDL
Test. Federal law if drivers tired they did right thing. Didn’t fall asleep driving and drive over your car or Family. Just like a pilot they put that unit safely stopped seeing an unsafe situation.
And sadly that Man is at fault in the car.
It’s money they want !!! Lawyers
First then Family probably didn’t have life insurance . Bet semi driver does. You focas in peeing
When should thank semi driver for stopping felt tired.
We should raise prices on everything you have or buy and put a restroom in each truck!
Grow up and get over your self hate.
Jeff Pearson says
And what law book does this great wisdom come from?
Mack says
Shoulder is not “the road”. Proper use of a shoulder means you’re not driving on it. The truck was parked so the shoulder was used properly by the truckers. The 4wheeler was driving on the shoulder, hence he was using it improperly. This is not hard science, so why is it going over your head? Having said all that, I never use the shoulder for anything other than an absolute break down, just for this reason that I expect a 4wheeler amateur, distracted moron to drive into me.
Skim says
Only an idiot parks on the shoulder of an interstate, especially when there was a truck stop a mile away. I hope they sue the hell out of crst. Low life bottom feeders is all they are.
Jeff Pearson says
And your little mr perfect..who parks in a parking spot in a truck stop..and never on the fuel islands..or where ever you fit. Just what do you think a SHOULDER is for? Just for looks? It is to PARK ON..
Thomas says
Where does it say that it’s a breakdown lane only? Last I heard or read it’s called an emergency lane.
Of course if they continued down the road they could have killed the dude or anyone else by swerving out of their lane.
Greed has no conscious.
David says
The emergency lane is just that. For an emergency. How many times do we see these new drivers from Swift, England, CRST, etc. pulled off on the shoulder with no triangles out. There’s none out because there’s no emergency. They’re stopping to do whatever the rest of us responsible drivers do when we find a legal place to park. I wouldn’t be surprised if they’re taking their thirty minute break. They have no consideration for anyone else and deserve to be sued in the event of an accident. Stop being lazy and at least find an offramp.
Fozzy says
You park on the shoulder if your vehicle no longer rolls.. other than that.. you’re opening up you and your company for multi-million dollar losses for no other reason than you thought you were above law and none of that applies to you.
Big lon says
Either way you at risk tired driver equals same outcome so pick your poison dude,cant have it both ways
Mike Piazza says
Last i heard in over 40 years of driving is that if you hit another vehicle in the rear end it is that drivers fault. What scares me now is the automatic emergency breaking. I don’t trust them. Do they factor in the road conditions? Is it icy? are the roads wet? Is the surface asphalt or concrete or dirt?
If the driver of the Mazda was PAYING ATTENTION to the road he might still be alive now.
Audrey Carter says
Who’s surprised?!
Tony says
I’ve read virtually all of the comments. Though I agree with all but a couple, but one key fact is missing! Since when is the person who’s rear-ended at fault? And as Shawn gherity stated, we have reflective tape, lights, etc. all over our vehicles saying what we are. I don’t agree with the courts decision, that a fatigued driver who could have caused multiple fatalities, is liable for the death of the motorist that struck him! When is the trucking industry going to fight back, and stop cowering to the federal government? And, we do need a nation wide trucking shutdown! If commerce is disrupted for a week, the trucking industry would get huge concessions! The last major strike occurred in 1983. There was the threat of a strike over escalating fuel prices in 2017. Enough is enough! Every where you go, there are billboards plastered with attorney ads about lawsuits against truck drivers! Are you tired of them? I am! And something needs to be done! I wish that I headed a truckers union! Not only would we shutdown, but we would be compensated for every day from the government that our wheels weren’t turning! I don’t normally agree with unions, but this is the industry that needs one!
Thomas says
Just wait till the next accident happens when a truck hits a car in the same manner and they try to use the same exact excuse bet they won’t get away with it.
How many times have we seen car drivers use the same strip of road to do their same thing and yet not a cop in site will give em a ticket.
Prove me wrong! I dare ya!
I really feel software for the trucking company’s Insurance company because the fact is that’s what the lawyers are really after quite as its kept.
The drivers are only being sued on paper because it’s the way it’s done they must go through them to get to the insurance company.
The laws are sadly set up so that the money just flows from Insurance companies in this manner Lawyers don’t really work hard to get it, the only time they sweat is in the summer heat when they get out of their Mercedes-Benz and other luxury vehicles to make that fast buck.
They never show up at funerals because they really don’t care who lays in the box as long as they get paid.
Eddie says
It comes down to this all truckers are set up to fail in one way or another. The fault starts at the top with the FMCA and goes all the way down to the seat cover that got sent through a 6 week driving school.
Mrs. C says
You know we’re one of the few industries that don’t and won’t stick together. So it saddens me to see comments like Mike and Bob to justify this. Now I’m not saying that I don’t agree the emergency lanes are for emergencies but I thought driving while tired is just as worse as drunk driving??? Now when you guys validate this fuckery you have to evaluate it from a colossal point of view. If they win this, this is opening up for us to have more rules and regulations that’s not fair nor beneficial to our industry. Like driverless trucks or stricter HOS and of course you know the bottom line is about squeezing more money from us that we don’t have already.
Also there are many cases like this that the person who caused the accident win. So the new standard is being set every time someone wins a case that they clearly shouldn’t. Which trickle down for civilians to do more shit to us on the road and win big because the government has their backs.
When we’re on the road civilians and truckers it’s like a team and everyone need to play their part or we lose. At the end of the day, the accountability for safety is a WORLD effort for! Not only truckers!!
Old Wizard says
I just love reading these long comments yet nobody realizes the simplest facts.
The law states that you are to “immediately” display your emergency triangles when parking within 15 feet of a travel lane.
No triangles, your guilty of illegal parking which means they are liable for the wrongful death.
Wayne says
The law states u have ten minutes to out out your triangles
Robert Walters says
Hay skim you are such a moron, if you are tiered and have a co-driver it is safer to stop, and most states have a move over law for vehicles on the shoulder! I guess if it was a 4wheeler that was doing the same thing and got hit by another 4wheeler,it would still be the parked cars fault as well; right????????
Tom says
Sounds like suicide by ICC bar to me.
Mark says
Very much so
Billy Gerard says
It’s the trailer manufacturer Les fault! Shouldn’t have made the ICC bumper so sturdy! Lmao
Les Daniell says
So if I want to commit suicide I can ram in to the back of a parked semi on the side of the highway and my family can sue the other company that I ran into ? nice
Douglas Kirk says
Lots of stupidity at play here. There’s no reason to change drivers on the shoulder. None. There is also no reason for the car to hit the truck. Now, if the truck had been going down the road in typical CRST fashion, I’m willing to bet that the car would have hit the truck anyway. He was obviously asleep at the wheel. Either way, the company is sued and the lawyers walk off with a lot of money. Justice? No, its only greed and a willingness to profit from somebodys misfortune. That will prevail over common sense and human error every time…..
Glenn Helmly says
Exactly…. and trucking companies and their insurance carriers need to start fighting on lawsuits! But it’s much easier and cheaper to give them a few hundred grand than to fight it…
Instagram: MuthaTrucka69 says
Did anyone else just stop reading when they saw that the dude’s name was “Crashley”??
Walter says
What is emergency line for? Lol
jsbbull says
So if a cop pulls you over in the emegency lane to give you a ticket for something and gets hit from behind then what.
Michael says
Which has happened many times!! Not only is the civilian driver at fault, but criminal charges are usually filed if anyone is injured or killed (especially if a cop or construction worker).
This is THE reason for the “move over” laws.
GiC says
CRST should make an example of them and sue, not only CRASHLEY but the responsible ones in the state of Wyoming for allowing this travesty.
What if it had been a car with a mother or father stop for a quick rest because falling asleep at the wheel say with children, CRASHLEY would likely have killed them… This is idiotic that they even allow this to go on
Muhammad Ali Farooq says
it must have been wining a lottery opportunity turned into sad outcome
Ryan says
The 4 wheeler could have killed himself by running off the road even if the truck had not been there.
Jeff Pearson says
Exactly..
Michael says
Betcha he was doing at least 95 mph, too…at least!
Exit says
I hope CRST will do a good investigation because Mr. Crashley either fell asleep or not paying attention. Either way, Mr Crashley was about to crash, with or without CRST. CRST happens to be the tree.
DJ says
1 mile. A mile to the truck stop. They stopped on the side of the road because that’s what they wanted to do. They didn’t want to deal with going into the truck stop, they just wanted to switch drivers and keep moving. When you are paid as low as the people at CRST, keep moving.
Jeff Pearson says
So they didnt go into a truck stop..where some times you cant get out of .. because idiots park wherever they want ..plus everytime you pull into a truck stop..you are at least 1/2 hour before you return to your driving speed.. A SHOULDER IS AN AREA THAT YOU CAN LEGALLY PARK ON…HELL WE USED TO PARK AND SLEEP ON THE SHOULDERS..UNTIL IDIOTS CANT PAY ATTENTION AND DRIVE INTO THE BACK OF YOU..
Jeff Pearson says
Then why do they call the area to the right of the solid white line an EMERGENCY LANE? AKA SHOULDER…and why is this auto driver being allowed to DRIVE in this EMERGENCY LANE? What if this truck was broke down.. legally parked to the right of the solid white line? This is what this lane is for..it is NOT A PART OF THE ROAD TO BE DRIVEN ON…these drivers were trying to be safe and were switching drivers..this guy in this car was not trying to be safe..ticket went to wrong person..and CRST should be suing this auto driver for running into the back of this truck that was LEGALLY PARKED…but we are just a bunch of loaded with money bodunk truck drivers that lawyers will talk the courts into believing that we are just murderous criminals and need to have all of our money taken away from us..and thrown in the nearest dungeon with the key thrown away…for just being someplace LEGALLY TO BE and some idiot drives into you…what a wonderful world we live in..
Old Wizard says
They failed to put triangles out. It’s the law!
Wayne says
They have ten minutes legally to put them out
Jeff Pearson says
After reading the article the second time.. a few things came to mind.. 6 :45 am…is in the time frame of having single vehicle roll overs…if that truck wasnt there at that time and place.. a VERY good chance this guy would have driven off the road.. rolling and killing himself any way…
Emery C. Mayoros IV says
Every vehicle operator has a responsibility to their self and others to operate their vehicle in a safe manner and in compliance with existing law of jurisdiction of occupation. Obviously the Mazda operator failed to do so. •Failure to drive right. •Failure to control motor vehicle. •Failure to signal. •Improper lane change. •Unlawful lane departure. •Recless driving. •Impoper passing. I’ll stop here.
Michael Charette says
Several years back or longer a truck driver was on the side of the road sleeping on Rt.290 in Mass. A four wheeler slammed into the rear of the trailer killing everyone in the car. There are no truckstops on that road and only a few in Mass. but the thing is the remaining family of those killed sued the company and the driver and they won . Its been so long since this happened I don’t remember much more than that . I think the driver got some jail time though . Now ,was he out of hours ???just tired and taking a nap???
Aleg says
But seriously with a name like that -Crashley – it was his destiny, case dismissed.
shaun says
i’ll add a comment which many will agree, but rarely will anyone voice in our deluded p.c. society.
The suit outcome remains uncertain, but what is certain ;
there is one less endangering idiot on the highway.
Wayne says
Agreed
John McPucci says
Wait a minute, if you’re fatigued, they don’t want you driving. If you’re driving tired and kill someone, you’ll get vehicular manslaughter. Now they want you to continue driving even though you’re tired? If it was an emergency and the driver made the judgement call to switch, was he really illegally parked? What if he drove that one mile, fell asleep and killed his co-driver in the accident, or himself? Too many variables to be a clear cut case, but we all know it will always come down to the driver being wrong, always and everytime.
If A fella named Crashley hit my truck and killed himself without ever touching the brakes, I’d be worried it was a sign.
Terry Barron says
This is not the 1st time I have seen this happen! A company I worked for had a driver legally parked at a rest area in Oregon when a person fall asleep and hit the truck and killed both inside the car. Parked in a Rest Area! Not on the side of the road. They sued and got two million dollars. NEVER PARK ON THE SIDE OR THE ROAD OR A RAMP. It’s your life and money on the line in lawsuits!!
Ervin says
I do find it ironic that dead man’s name is Crashley.. I have questions. A good attorney for the dead man’s family would want to know? How do we know the truck was just pulled over for a few minutes to change drivers? That’s what the drivers tell us… How do we know it’s the truth ? For all we know they could’ve came up with that story after the accident happened. Another question, how do we know if it was an accident? For all we know the driver who died committed suicide. A good defense attorney for CRST would want to know more than was the dead man DUI or DWI , But also would want to know had Mr. Crashley been seeing a a therapist? Was he diagnosed as suicidal? Was he on depression medication? Just like most all circumstances in life this case has many variables… most adults in the United States who have not been living under a rock their entire life already knows that when you go to court it’s not about the truth it’s about what you can prove… This case comes down to… Which attorney can tell the best story and which attorney can best visualizes their story in the minds of the jurors…
Judy says
Wasn’t there a case recently where a car CROSSED THE MEDIAN and struck the trailer of a truck going the opposite direction. The truck driver and his company was found liable.
Charlie says
@Judy. Yes. Werner is the company, 89.7 MILLION judgement. So wrong.
Walt says
Parking on the shoulder of the road is a hazard truckstop 1 mile away says it all there’s plenty of exits . I’m not saying CRST should get sued for it but dang people get a brain!
Charles says
If the driver of the car was paying attention like they should have been this never would’ve happened!. People need to take responsibility for their own actions.
Ron Wood says
“The lawsuit claims that the drivers illegally and negligently parked their truck in the emergency lane. While that action did not cause Crashley to enter the emergency lane, the lawsuit claims that the truck being where it shouldn’t have caused the accident.” You know just WHEN this started…When the crooked police officers wanted to screw over the driver, and give the family a “loophole” to be able to bring a lawsuit against the company, and it’s driver. It all STARTED with the dishonesty of the police officers. I had the same thing done to me back in 2015 by the Ohio State Highway Patrol. A police officer has the only job I know where he can be paid to lie about anyone, and not be held accountable for their dishonesty. Police officers, and liars are one in the same. They’re on the wrong side of the law. How can you respect that?
Highway Rollin says
I hate a llife was lost in this tragic accident. But as a trucker, you are damned if you do and damned if you don’t. The truck driver pulled over in the EMERGENCY lane because falling asleep behind the wheel is an EMERGENCY!! He pulled over so he and his co driver could switch out. If he continued to drive while fatigued just to make it to the truck stop and he fell asleep and crashed into someone, he would be at fault. The truck driver did the right thing. I hope he is successful in court.
Gary says
I hoped the police checked the car driver’s phone records to see if he was texting. I would have gone to a truck stop or rest area but come on now. If this was reasonable, this would happen 100 times a day. What if was a cop on the shoulder?
Rob says
I hope, for CRSTs sake, the 4 wheeler wasn’t an “undocumented citizen”.
Old Wizard says
For all you steering wheel holders that don’t understand the law. When you stop on the shoulder of the road what is your first responsibility?
Put your triangles out! I drivers not doing it all the time. Not putting your triangles out makes you guilty of illegal parking on the highway.
These drivers are guilty of illegal parking which means they are liable for the wrongful death.
Don’t argue with me, ask your safety department…..
Wayne says
That is true, but the law does state u have ten minutes to out out ur triangles. If they were truly switching drivers that’s less than ten minutes
shaun says
your reasoning is flawed.
Legally, you have 10 minutes before triangles are required.
Rob Lopez says
Jeff Pearson I love your passion and well thought out and explained views. There is no but, coming from me. I second everything you have said. I only want to add this….
It doesn’t matter if the truck was stopping to change drivers or a true breakdown. It also doesn’t matter they passed a truck stop 1 mile back.
They did the right thing (wanting to be safe for them and the motoring public). That is the bigger picture. Had it been a true breakdown how was the outcome going to be different? So you defenders of the car’s driver may need to go back to driving school and learn something or just get out of trucking. You clearly only care about yourselves and you probably do no wrong either. You think you know everyhing, you can stay well away from me big shot. We all do a very specialized job, you have to like all other drivers, but should be understanding of something you have done yourself. If say you haven’t you either a lier or too new to trucking. Do I feel for the car driver? Sure I’m human, it’s an unfortunate outcome. Truth is we don’t know the car drivers true reason for the accident. He was in the path of a parked semi legally with 4 ways flashing. How is it the truckers fault?
Melissa says
People don’t pay attention to the speed of other vehicles, even when they are stopped. Rear-enders are almost always the fault of the person who hits someone from behind.
Sue says
First of all I’m sorry that someone lost their life and prayers for the family. I’ve been driving for 37 years and let me tell you that I have used the shoulder of the road many times in my life and I’ve always put on my flashers
I’ve have to pull over and give my baby the bottle he dropped, flat tires where I’ve had to sit for very long periods of time for wreckers, traveling and just needed to stretch, stopped to assist another driver and the list goes on. My only problem ever is that people don’t slow down and don’t move over to the next lane or at least pull away from the shoulder as they go around. I don’t get out and put out a flair or triangles but I believe it’s standard operating procedure for semis. But would that have made a difference at all! The biggest question here is why was this driver traveling in or to close to the emergency lane to begin with? Here in Iowa it’s law that you move over for these situations.
Greg says
Sue the hell out of them..!! They have ripped off so many drivers with their lease purchase so called deal, maybe 5-6 people get to keep their trucks.!! They put a bunch of Non-Experienced School Drivers out their on the road, not one but Two…! They should pay at least 100 million to the family..! At Least…Stick it to them…!!
Greg says
Another big Elog Company..!! Doesn’t have anything to do with the Crash, but still, Elog Company and A another Elog Truck in a very Bad Accident.! Just saying… Another one for the big Saftey Elog..!
Steve says
About the same time frame, 5 am, I was running on I-95 on the right lane, all the lights on, cruise control, when I’ve got hit in the rear bumper by a car. What’s my fault?
About the same time frame, I saw a guy getting out and away from his car who rolled over into the ditch and hit a steel barrier: who’s guilty?
Shogun says
Since this accident occurred, I believe CRST now requires drivers to switch seats while going down the road to avoid being rear-ended.
Linda Merritts says
Why is every accident the truckers fault. It was the driver that hit him for not maintaining his lane. What was the driver of the auto doing in the emergency land?
Cece says
Mazda C X 9 fast little car. You say his name is Crashley. Bet he was racing that hot little car
Linda Merritts says
Elogs have caused more accidents since they went into effect. They are forcing driver to drive when they are tired and they are causing them to speed in order to get to there delivery. before elogs a driver could take a nap when needed
elogs SOMEONE MUST DO SOMETHING TO CHANGE THIS LAW.
Sam Gallezzo says
Let’s reverse the situation. Let’s suppose the 4 wheeler was stoped in the emergency lane and CRST hit the civilian. CRST would be at fault for a rear end collision. Allowing this case to move forward will have a chilling effect on drivers abilities to do their jobs. If I’m too tired to drive and I can pull over to switch with a co driver i will.
Ronald Terlitsky says
I regularly see trucks parked on the shoulder that don’t appear to be having any emergency. Most are within site of an exit, parking lot or rest area even. It’s not like the truck driver suddenly got so tired he had to immediately pull over. He was impaired 30 minutes prior to stopping. If you can’t meet the job requirements then find something even lazier. But any driver truck or car that doesn’t stay in his lane properly is at fault. This is a lose-lose situation that unfortunately ended in the loss of a life and a driver whose license could be lost.
Michael says
I’m gonna go out on a limb, here. I suspect the driver of the truck was the newbie assigned that dreaded night shift and not yet adapted to it. I further suspect said driver pulled to the shoulder to attempt to wake up only to unintentionally fall asleep. Been there, done that! When Crashley hit the truck, the drivers woke up and a story was concocted….and the court suspects that. Elogs will be the determining factor here, if they haven’t already been used to allow this suit to move further.
That being said: Crashley hit the truck, not the other way around. Crashley is to blame for the crash.
Chris H. says
I’ve been driving for nearly 50 years and have always been instructed that ANYTIME you rear end another vehicle it’s a preventable accident and the driver doing the rear ending is at fault. But with deep enough pockets there’s end cash to attract lawyers whose only interest is to subvert the law for their own financial gain. Dad used to say “hang all the crooked lawyers, the other two we can put up with” and I used to think he was joking but not anymore. It would be frightening to see how much the average citizen pays to subsidize the life of personal injury lawyer in this country.
Charles Grant says
Good thing he didn’t drive off the road like a moron and hit a tree instead. Trees are difficult to sue.