Well it seems I cannot post our email address. Our office phone number is ****You can't do that either, Sorry****** (Los Angeles, CA) and the trial attorney's name is Wayne Hunkins.

I will watch this thread, and thank you.

*******Post in this thread if you'd like to help**********

Sorry Halfcard, I didn't make the rules and though I would love to leave your info here, that would be unfair to everybody else********kc0rey*********

Oops, sorry I have enabled receiving emails in my profile. Thank you.

Your doing a fine job

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Did this accident happen some time ago? I had an Attorney contact me for some inside info on a case exactly like this, if this was not the same case. Something tells me it is.

The details are EXACTLY the same. The problem is, any opportunity to recover data from outside sources has passed, which was my advice to circumvent what Covenant had destroyed in the form of damage control.

I am confused though. This is a really cut and dried case. A rear end collision, in broad daylight. I don't see how Covenant could wiggle out from under it. Put it in front of a jury, parade the victims up front of the jury, and start counting the cash.

The driver doesn't likely have anything to lose.

If I had a date and EXACT location where this occured, and if this happened within the past 30 months, I can point you to the public DOT report on the accident, and some details might be in there that may illuminate a few things.

Accident date was 10-18-03, on the I-15 northbound at 'Cajon Pass' (Victorville) in California, on the way to Las Vegas. That part of the road was flat with very good visibility.

You are right that the basic case is cut-and-dried. The problem is Covenant's settlement offers are way below normal value. In response, we are now preparing to put forth evidence against Covenant, not the driver.

Covenant ignored her numerous speeding tickets over a short time period, destroyed all the hard evidence above when they knew about multiple injuries, and even tried to blame the bus, etc. We will show the company is not all that concerned with public safety, which could be very expensive for them.

If we can get statements similar to above, such as company officials 'helping drivers play with the logbooks', etc., it will almost certainly help us force a fair settlement.

We feel driver fatigue from too much driving impaired her judgment and driving skills, and if we can show that Covenant people allow these things, it will not be good for them.

Frankly we do not understand the low offers at present, except that the company is partly self-insured. Perhaps the management is not very strong and perhaps their lawyers do not realize the large risk.

Unfortunately, public access to accident reports only goes back to 2/26/04. I'm sure you have more detailed information on this driver's background and the disposition of the accident investigation by this point.

I suspect that the offers are what they are because no one actually died. Documenting the injuries and any resultant disabilities will net a decent settlement. Filing suit will get those offers up as well.

As it should be. Doing a cursury check into their numbers, they are running a 7.59 to 1 ratio in DOT Reportable accidents, which is evidence that they are an accident magnet. This does not mean necessarily that they are always at fault in those accidents, but I have found over the years that the ratio is directly tied to their safety fitness more often than not.

In order to discover if the company is culpable in that statistic, one would have to delve through the public records to determine the percentage of the time that Covenant drivers are held at fault in those accidents. Currently, there are 540 posted accidents for public view going back 30 months.

Their drivers have been cited for 1,582 moving violations over the past 30 months. A moving violation is one of the following:

Failure to obey traffic control device
Following Too Closely
Improper Lane Change
Improper passing
Reckless Driving
Speeding
Improper turn
Failure to yield right of way
Use or Possession of Drugs
Use or Possession of Alcohol

Additionally, the FMCSA has determined that their ISS-2 value is currently at 94, which is also way up there, and tells those charged with enforcement, that this is a possibly a truck and/or driver that needs to be checked out when they encounter them for inspection purposes.

All of this data can be readily accessed at the following address;

[LINK POSTED BY MEMBER] Only Members Can View This Truck Forum Link.

Click on all the "detailed data" in the "SAFESTAT" section for particulars.

You could attempt to paper them with subpoenas for employment records, but don't expect them to reveal too much. In order for that to be fruitful, you'd need the assistance of some Federal Investigators, who would make a surprise visit and yank them right out of the filing cabinets.

You'd need access to former office staff, with specific knowledge in those areas, who cannot be refuted easily. Drivers do not often make good witnesses, and can be discredited on the stand, because the first question out of the box will be to ask the driver if they have ever made an intentional false entry in their own logbooks, and thus planting the seed of doubt in the minds of a jury.

Perhaps placing an advertisement in the Chattanooga Times Free Press for former office employees of Covenant would net something. It would also net the attention of the company as well to what you are doing. Who knows? That might get that offer up as well.

You know what? The fact is, that company probably is much like a bunch of companies out there, in that while they may not actually demand a driver to exceed the limits, they will turn a blind eye to it. Proving it is a whole different matter.

The FMCSA is allowed to peruse through any document in the offices of a Motor Carrier, but it is difficult, to say the least, for any private individual, even with good reason, to do the same thing.

When on-board recorders are instituted, with strict guidelines in place for how long those records must be maintained, which can then be easily contrasted to the supporting documents that carriers are also required to have on file, THEN a legal entity will have something with teeth that they can subpoena.

Oh they realize the risk, but they will fight tooth and nail. There are situations where the company is complacent, for not removing a risk from the seat of that truck, and I think you have a fine case that will demonstrate this, based on a repeat history of speeding violations.

If you want to delve into the company to find out all the salatious details, I would order a complete Motor Carrier Safety Profile from the FMCSA, which anyone can do. It will list names, dates, all violations, and many details that cannot be viewed online.

Covenant has not been audited by the Feds in the past 30 months, so there will not be any negative information to look at in that regard, but those profiles can sometimes give up information that they would not desire for many people to know.

It might be the best $20.00 you ever spent.

[LINK POSTED BY MEMBER] Only Members Can View This Truck Forum Link.

I don't know what happened on that day. I don't know what role the company played in what happened, and for sure the driver is at fault in what happened.

Covenant is on my radar scope for reasons, other than their poor attention to safety. The fact that they have a poor safety assessment is a good reason for anyone to avoid driving a truck for them, because who needs that baggage to contend with, while trying to make a living?

I wish you well in your endeavors to bring them to justice, if they are dirty, because no company that plays around with the lives of the American public, deserves to be in business.

Couldn't have said it better myself!

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TurboTrucker, that is some awesome information, we will check out all of it. Your knowledge is amazing. Thank you.

We will be patient and see if anyone wants to volunteer to give a statement about 'logbook games' or anything like that. The newspaper ad idea is also interesting. We are about 5 months away from trial.

Thanks again.

Wallbanger and Madcitysw *************

hi guys, just bumping this thread in case you would volunteer to talk to us about Covenant's "logbook-changing" games.

you can read up if you missed it. by the way, chances of your having any problems from doing this at Covenant's suggestion would be near zero!

thanks.

What did they say? the bus was parked?
Hard to explain that damage imho, looked as if truck tried to "pit manouver" the bus.
Was truck overloaded?
tires?