Mega-carrier Swift Transportation has settled with a former Owner Operator for an undisclosed sum after a court ordered them to pay $2.6 million over improper vehicle maintenance.
Started way back in 2013, the lawsuit against Swift was brought by one of its former Owner Operators, Herbert Willoughby, whose foot was run over by a trailer while his trainee was still in the cab. Wiloughby was adjusting a tandem trailer when the unit rolled over his foot and caused “life-changing injuries.” According to the lawsuit, the accident occurred due to ongoing mechanical issues that Swift was aware of, and that they had failed to properly maintain the trailer.
The jury in the case found that though Willoughby was 43% at fault for the accident, Swift was 49% at fault (plus 8% for the student driver) and so would need to pay $2.6 million to compensate the driver for physical pain, mental anguish, medical expenses, lost wages, and loss of earning capacity.
Though the actual amount that Swift settled the case for is unknown, Willoughby’s attorney was quoted as saying that the settlement was a victory. Because Swift settled, they will not be able to appeal the decision and the ordeal for Willoughby will finally be over.
Source: overdrive
image source: victimslawyer
I’m confused. There is mention of a jury, and a finding of guilt plus a definitive penalty assessment, but then the article states Swift settled. Which is it? Did they settle? Or were they found guilty?
Swift was appealing. The driver settled for less so he could actually get something now instead of maybe getting the larger settlement way way down the road.
Hey guys…. It still processing and it hadn’t settle yet and I just talk to my lawyer on the phone this morning. And it probably will take another year to settle it
Who leaves their foot in the way, when adjusting the tandems?
Who leaves their foot in the way when adjusting tandems, that’s easy to answer, a Swift Driver! Lol
I am glad this driver took them to task. Too many companies take advantage of drivers and the drivers just shake their heads, shrug their shoulders and say oh well and move on. These carriers for far too long have greedily ripped off truckers in so many ways and I am glad that he took a stand and got them back.
Settlements after the fact should not be allowed. In some States, they are not. It gives the “big” guys with money the ability to thumb their noses at justice.
If a settlement is what they sought, they had ample time and resources to do so in the beginning, and after the initial verdict.
Another stake in the heart of the American Justice system.
As a former Swift driver, I am no fan of the company. That said; I still can’t figure out how poor trailer maintenance causes a driver to get his foot run over when adjusting the tandems.
Whole damn axle fell off?
I dunno, I’ve found slider assemblies missing all 4 pins on a pre trip.
That doesn’t “just happen”.
I worked for Swift for a couple of years when getting back into the industry; running solo, as a team driver, and as a trainer. It was not at all uncommon to come into a terminal or customer yard looking for a trailer, only to find poorly maintained trailers that weren’t road worthy.
One problem that was common to many trailers was that the handle to pull the pins on the trailer tandems couldn’t be operated without putting vice grips on the rod going to the pin levers. It may be that William decided to get back there and pull as hard as he could on that handle while the trainee moved the trailer and the trailer wheels moved because the pins didn’t fully disengage. It was often a fight to pull that handle to release the pins.