This whole situation makes me think about pay scale. If I come to work fatigued and make a mistake it's an inconvenience. I don't make great money, but I do alright. If you guys make a mistake someone could potentially die. Your employer should really be providing you with enough that you have some to set aside if the worst were to happen. It's possible the driver could be facing jail time, at the very least it's unlikely that he'll be driving again. It would be nice to have had the opportunity to set aside some money to make a transition to a new career.
Has WalMart sunk to a new low?
Discussion in 'Trucking Accidents' started by 201, Sep 30, 2014.
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In this case, whatever he had set aside would be sought by the plaintiffs...so it wouldn't do him much good.
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In any wreck, they are going to sue the driver, the truck owner, the motor carrier, and if they can find a way to justify it legally, the owner of the property on the truck (shipper/receiver)...ESPECIALLY in a case such as this where the crash was caused by the driver of the truck. It doesn't really matter if your log book shows you were legal and have all of your other ducks in a row. If you fail to reduce speed and it causes a wreck, you'll be sued.
The only way to avoid being sued is to not have anything anybody wants to sue you for...but that also includes your potential to earn future wages. -
They aren't acting irresponsibly. They are doing the exact same thing an insurance company would do if Walmart wasn't self insured and instead bought insurance for all of their trucks. They aren't trying to avoid paying for the crash and injuries that likely would have occurred in the crash...only for the excessive injuries caused by the plaintiffs failure to comply with NJ law and wear their seat belts.
Passed a MODOT sign yesterday that said "unbuckled? 7X more likely to die in a crash". Stats like that work in Walmart's favor in this case.
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