Mega-carrier Swift Transportation has been ordered to pay $2.6 million to one of its owner-operators after his foot was crushed under the wheel of a poorly maintained trailer.
Driver Herbert Willoughby will be compensated to the tune of $2.6 million for past and future mental and physical pain, medical expenses, past wages, and lost future earnings. He was adjusting a tandem trailer unit when the trailer rolled over his foot, crushing it and causing what the lawsuit claimed were “life-changing injuries.”
According to the lawsuit, Swift knew about the ongoing mechanical issues that caused the accident, but failed to properly maintain the trailer. As such, the jury found Swift to be 49 percent at fault for the incident, but didn’t place the blame solely on the carrier’s shoulders. Willoughby himself was determined to be 43% at fault, while the driver’s student co-driver was found to be 8% at fault for failing “to take proper evasive action.” Additionally, since the student driver is a Swift trainee, the jury determined that Swift was responsible for his actions as well.
There is no record of what the maintenance issue was in the court documents, and Swift denies that there was any problem with the trailer.
According to CCJ Digital, the total payment of $2.6 million to Willoughby breaks down as follows:
- $500,000 for physical pain and mental anguish in the past
- $300,000 for pain and anguish “sustained in the future”
- $500,000 for past physical impairment
- $300,000 for future physical impairment
- $80,000 for medical expenses,
- $300,000 for future medical expenses
- $150,000 for lost wages
- $450,000 for loss of earning capacity
Next Story: Former ATA Exec: “The Trucks Are Killing Us”
Source: overdrive, ccj, todaystrucking
image source: victimslawyer
WHY was the guy’s FOOT in the way of the wheels when adjusting a tandom ?
sounds like the instructor needed an instructor and was probably NOT qualified to be an instructor himself.
It’s been several times I needed to get my whole body half way under the trailer to pull the tandem bar because it was stiff. So for his foot to be the only injury is a blessing. You have to put a foot fowarding just to get that extra pull in most cases if at all your body. And… all tandem bars are not the same, some shorter.. some longer.. some have different locking mechanisms. It was a faulty trailer.. why else would this have happened?
If you’re following the proper procedure for adjusting tandems, nothing should’ve rolled when the pins were disengaged. Trailer and tractor parking brakes should’ve been applied, so where exactly would any movement have come from? Somebody did something wrong.
Many trucking companies have this problem…Swift just got caught.
I can’t believe the trainee was assigned 8% of the blame. He was just backing up or pulling forward like he was told to do. It isn’t his fault the trainer had his foot in the way. They trainer was an idiot, for trusting the brakes on the trailer.
Any driver that places his foot where it can be run over while sliding tandems is an idiot. To ASSUME the trailer brakes are good is stupid. The only way that he could have NOT suspected bad brakes is if they were just hooking up to the trailer and tandems set wrong. Probably all the way back. But it definitely had to hurt.
Easily avoided if you have ALL the parking brakes set when disengaging the pins…not just the trailer brakes.
As a former driver for Swift, I can tell you they have alot of trailers that should be sent to pasture.
I’ve reported bulging, bent landing gear, doors that wouldn’t seat (huge gaps), I could go on & on, and was told to hook up and head to final. Instead would take it straight to a terminal & never made it past fuel island where it was red-tagged.
They should’ve been sued &/or fined long ago.
this isnt about right or wrong- this is about who had the better lawyer.. or swift just didn’t want to deal with it- 2.6 million for swift is nothing- they own like 10 other trucking companies– big ones- and other businesses.. swift is a lot larger than most think or know.. they might have just gave it to the driver- it is insurance who will pay it.
for there is no way this accident should have happened- it was the students fault- there is no other way that it could have happened except the student putting t air to the chambers and rolling back
I agree with Tim, we all know trying to slide trailer axles is a dangerous endeavor and must be done with all due care, especially checking the trailer brakes before hand
As a former Swifty myself, I have no love for that company.
What I don’t get is if they are 57% responsible (and I really question that number), why do they not have to pay just 57% of the expenses and anguish?
The legal system should not be used like a special lottery just for idiots.
Who would trust a student that much? I would have made the student figure the puzzle out on his own. That way nobody gets crushed under a wheel. Brake adjustments wheel chocks and wd-40 probably could have solved all of this. Nobody helps me slide trailer axles. Who will help that student in the future? Student, zero fault.- trainer,85 percent fault. Swift, well, swift are just a bunch of @ssh%les and that’s not something they can be faulted for ,it’s just something they are.