A driver has filed a lawsuit against his company alleging that they failed to properly maintain his vehicle, causing a brake failure that resulted in severe and permanent injuries.
Donald Dotson, formerly employed by Elite Oil Field Services Inc, was driving his truck with an empty trailer when his brakes overheated and began to smoke. After he pulled over his vehicle, one of the brakes caught fire. Dotson reported the malfunction to his supervisor who arranged to have him and his vehicle picked up.
When Dotson requested that the company inspect and repair the vehicle, they instead assigned him a different rig and passed his old one on to a new driver. The new driver promptly reported a transmission problem and it was sent in to the shop to receive repairs.
Once the vehicle came out of the shop, Dotson’s manager assigned it to him again, telling him that there were no more maintenance issues. However, the lawsuit claims that only the transmission issue had been repaired and the brakes were still faulty. As a result, when Dotson hauled a load of mud off the drilling site, his brakes failed and his vehicle went off the road, crashing into a creek bed and causing severe injuries.
Dotson and his attorneys claim that Elite knew about the failing, unmaintained, and unrepaired condition of the truck and failed to properly maintain the brake system, and therefore is responsible for Dotson’s injuries.
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Source: wvrecord
Gordon says
I do believe the company has culpability in this, but shouldn’t Donald have found a fault during the pre-trip Inspection? I’m sure the company is going to point in that particular direction and I can even hear the companies attorny ask him, “so you knew it had a brake issue on a previous trip and did not take time to scrutinize the brakes further to ensure the repairs were sufficient?”
It will be interesting to follow this one for sure.
Charles says
I dunno bout PA, but if this was out here in CA, we have a CHP/state responsibility form that we can fill out, making the brakes–and other things–either the company’s or the drivers’ responsibility…item by item!!!!
whale says
Sounds like the employee detected the problem while driving the equipment, reported it, and trusted that the company fixed the problem. It’s my experience not all brake issues can be detected on pre-trip, for instance cracks in brake drums. Same thing happened to me (minus the injuries). The company I worked for could not make payroll and deferred the maintenance. Scary. Hope everyone is allright.
Dan says
I see your point Gordon, but the courts will side with the driver. The courts and the FMCSA will see it as the company putting that truck back in service there by endangering the PUBLIC.
Bill says
If the brake problem was written up on a post or pre trip condition report (witch by the way is federal law) the driver should have seen a copy of when and what repairs were made and that the mechanic signed off on the repairs that he made. Then the driver signs also. If the driver isn’t satisfied about the repairs made then don’t drive the rig until you get some answers.
Kajidono says
I have never worked for a single company in a decade that followed that procedure. I turn the reports in and never see them again.
mark rosser says
Well to say the driver would have seen the repair order or anything else isn’t true. Cause if the truck wasn’t assigned to him then he wouldn’t see anything. If you can’t see a cracked drum then you didn’t do your per trip correctly. Other things like s cams that are cammed over cause the breaks are so worn or the bushings wore out cause they don’t grease them on a regular basis. All things that can be detected on a pretty or post trip. Ask any owner op that has to spend thousands of dollars keeping his lively hood up to par cause if your shut down at a scale its a service call an time to get it all repaired. Release the trailer breaks go back an wiggle the s cams. If there’s slop report it make sure the breaks are not worn out. Come on people. The driver had a choice. Either drive or don’t. If you think you might kill someone because of the equipment after the accident is to late. I have driven truck all kinds from refer to maxi flat. In all kinds of weather since 99. An before that I turned wrenches. Put your feet back on the floor pull your head out of your ass an do your job. Put the phone down. I’m am sitting at home enjoying the weekend with my family. If someone injured them due to brakes that obviously could have been avoided I would be out for blood.
Roy says
As a mechanic I can tell you that as previously stated, not all defects can be detected on a circle check. For instance, the piston below the brake pedal can stick with age and debris, which causes the brakes to be applied equally or unequally. Or, somebody does not know what he or she is doing and adjusts the running clearance incorrectly. The latter is a big problem even with licensed mechanics that think they know better than what the manufacturers and DOT approve of. I have seen brake problems, smoking wheel ends, and alerted drivers on the highway that their brakes were dragging.