Whenever the unthinkable happens, and people die in accidents with trucks, the conversation always turns to who was responsible. The question is not only asked about crash-fault, but whether or not to place blame on the carrier or the client as well as the driver. How responsible is the trucker for the death of the other driver? Well, according to a judge in Santa Fe, the driver is 1% responsible.
A wrongful death suit was brought against a trucker, the owner of the vehicle, his company, and the management company that contracted them after the trucker made a left turn into the path of an oncoming vehicle, causing an accident that killed the vehicle’s driver. The suit was brought by the driver’s family, alleging that the trucker hadn’t received adequate training.
In a shocking resolution that was just issued, the jury awarded the family $58.5 million dollars. Of that total amount, $47 million was punitive damages. According to the president of the New Mexico Trial Lawyers Association, this is the largest amount of money ever awarded in a New Mexico verdict.
Interestingly, the verdict holds the management company 70 percent responsible, the trucking company 20 percent responsible, the owner of the truck 9 percent responsible, and the driver of the truck 1 percent responsible. This means the management company is responsible for $40.95 million, the trucking company for $11.7 million, the owner of the truck for $5.265 million, and the driver for $585,000.
“Today a Santa Fe jury sent a clear message to the trucking industry, and to the oil and gas industry in particular, that those companies who choose not to follow safety rules and who place profits over human life, will be held accountable for the harm that they cause,” said personal injury lawyer Bill Robins of the Santa Fe firm Heard Robins Cloud & Black.
The trucking company, Standard E&S, doesn’t have the most pristine record. It’s vehicle maintenance BASIC shows a 37% out-of-service rate, though a large number of citations were for less serious violations such as defective or missing lights; a common occurrence in the notoriously rough oilfield sector.
Sure, the trucking company and management company may survive their fines, but no driver is going to be able to afford the $585,000, and no truck owner will be able to afford $5.265 million.
There is no word yet on whether or not the decision will be appealed. My $58.5 million is on yes.
Next Story: OOIDA Scores Another Knockout To The Tune Of $8.2 Million
John says
We now live in a Country where people do not accept blame for anything. We tend to try and push it off on someone else. Its bothers me when we blame everyone but who was operating that truck physically. Or the same token any motorists who blames their car for the bad driving skills. Like the car should have known to stop or not drive faster then they should or disobey that sign. Really?
You know what is half the battle about being a good driver? Its not so much skill, or knowledge or money. Its wanting to be a good driver and to be a safe driver above all else.
Chad Cooper says
47 million in punitive damages, come on now we all know that ones life is precious, but when its your time to go, your going. No family should ever be granted that much in punitivedamages. What if the table was turned and their lost one ccaused the accident that killed a truck driver because of driving intoxicated or over medicated. You would never see the truck drivers family win 47 million in punitive damages.
George says
You are correct sir. Trucks are the scapegoat for everything bad on the highways.
AZ says
“There is no word yet on whether or not the decision will be appealed. My $58.5 million is on yes.”
If not mistaken, the defendant[s] will have to put up the $58.5 million in order to appeal, so I wouldn’t bet my $58.5 million on whether the defendant[s] can raise that amount, but I would bet my $ 58.5 million that they would have said they would appeal if they didn’t have to put up the cash.
gary d says
they will all file bankrupcy take on alias names,move to a differant state and start a new company with the same trucks and the same drivers. their insurance companies will hire some lawyers and settle for a million dollars out of court.the truck driver will have to live with his consience of killing a fellow human, because he is human and imperfect and although his misjudgement and possible lack of training caused the wreck, from what i have read he wasnt intoxicated, under the influance of drugs or was involved in anything illegal.by the verdict you can see it is all about the money, 1% blame to the driver is releasing him from 99% of fault. was he ticketed for failing to stop for a traffic sign.. if i ran a stop sign on purpose i would be assigned 100% blame and i couldnt then sue my dispatcher,the owner of the truck, my cdl training school.
Tanya Bons says
I believe there should be a Federal MINIMUM requirement for training whether the training be done on the job or in a truck driving school – a minimum of monitored behind-the-wheel hours should be required. After a person gets the minimum requirement of training they become instantly 50% responsible for how they drive. The minimum should be a foundation and of course the more monitored time a person gets, the stronger the foundation becomes.
Companies shouldn’t put untrained drivers on the road but they shouldn’t take the blame for a driver’s incompetency either.
Drive safe,
Tanya
Debbie says
Most companies have a standard for behind the wheel training, this is not always enough. Far to many new drivers have had crappy training.. a 10 year old can steer it, and most times that’s the training they get. Few can back up properly, fewer still learns how to control the trailer, and none are taught professionalism on the road.
ELVIN says
Is it just me or has anyone noticed that the trucks that are going faster than everyone else are the Hazmat and the Lifestock haulers? Not that this driver was going fast or whatever, but I always wonder about this.
gary d says
lifestock haulers only get paid for live animals so they are a little motivated to go just a little faster, all the local police let them slide because of that fact. never noticed hazmats running fast maybe the mts headed back for a refill.
Debbie says
The livestock drivers go fast to insure the animal is still alive when it arrives.. They stop feeding them several days before they are shipped and if the animal dies in transport it’s the driver who pays. This is what I was told by a livestock driver years ago!
jack says
I have driven a livestock trailer. When you pull into a slaughter house an agriculture inspector is standing there watching the cows or pigs walk off the trailer. People want fresh meat and no diseased or additives, but they complain about the truck traveling over the speed they think he or she couldrun. If the cow cannot walk off the trailer on his OWN ACCord, the animal is not allowed in the slaughter house.It has to be disposed of by the trucking company or the feed lot it was loaded by.I kinda like them staying a few miles ahead to keep from shutting down my AC system.
Ron says
Having been in a accident,and falsely accused of someone’s death,becaused the other driver got his neglience cover up by the police.I had to ose my CDL.
the colonel says
Don’t know where you drive but out here in W Texas most of all the gas hauler truck only run 65-68 mph. And all of the oilfield company trucks can’t even do that much.
the colonel says
Everyone talks about poorly trained drivers and on this page is an ad for FFE. Truck driver training 18 days start to finish. Glad I only have 5 more years till I go Fishing
mike says
That is absurd the driver messed up 100 % . Based on making left causing the accident that killed him. Too bad his family sueing wasn’t with him and the lawyers.
bubbavirus says
I had a bus, airbrakes just quit (maybe 25%) /almost totalled the guy in front at a red light , the company knows-fixed it 4 times, we have (accident activated) drivecams- but a bus rear ends a car it looks like I am negligent.
Thing is we have $3 million dollars in new busses sitting for two months in our lot, (10), but they are waiting for the commercial license plates renewal date (May).
jack says
win the lotterywithout playing. How fast was the on coming vehicle traveling? Was that person on a cell phone? WHO was the VERY LAST PERSON who could have avoided the accident?Who is worth $54 million? This simply makes everyones insurance rates increase to reimburse the insurance company protecting the trucking companies interest.