A driver for Western Express Inc. is being sued by a pedestrian after one of the wheels on the driver’s rig hit the curb and blew out, causing a loud explosion. The pedestrian, Ray J. Falk, claims that the explosion was so large that he was knocked unconscious.
The suit is being filed against both the driver and Western Express in a U.S. Middle District Court and is seeking $75,000 in damages. According to the suit, the explosion occurred at around 11:00am when the truck driver allegedly misjudged a turn and ran into the sidewalk.
Falk served in the Navy in the early 1980s and has previously been diagnosed with Post-Traumatic Stress Disorder. According to Falk, he was standing just feet from the blow-out and as a result suffered “severe trauma to his hearing” and “aggravation of pre-existing mental health issues related to his military service.”
According to his lawyer, Falk also claims that the hearing trauma from the incident is permanent. He is seeking damages from Western Express and the driver who he says failed to keep his truck under control.
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Source: pennlive
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Got sounds like a loon. I can see a blow out scaring the crap out of ya, especially if he had PTSD, but permanent hearing damage? No way. I’ve been around actual explosions, ANFO used to blow out dirt for ponds (its a quick way to put a small pond for ducks in a remote field), and the like. More importantly, I doubt this tire was much louder than a 12g, and anyone who’s hunted knows that your hearing may dull for a bit, but it comes back after a bit. No way a one off exposure to this, which was a popping, not an explosion at all. What a whiner looking for a payday. Most people like him have the sense to come up with a better complaint than “a big noise scared me, so you owe me money”. Lol. I hope the driver can afford a good lawyer, though, something like this could cause a nightmare for him if not.
I guess the tire manufacturers are wrong, as they state fatality or serious bodily injury may result from improper installation. That’s why tire cages are used, and hearing protection is to be worn per 29 C.F.R. This blow-out would be the same amplification. And, sound is not measured in g’s, it’s measured in decibals.
@ Brian: Pretty sure the 12g he was referring to WAS 12 GAUGE SHOT
GUN. And,I agree that this guy is looking for an easy payday.
Tire cages haven’t been used since they quit using “safety” rims, on the old budd rims! not to mention, that due wasn’t installing the tire! The article I read, said he was standing on a sidewalk! He is just a mooch, lookin for a free payday! He should have to pay all attorneys fees, and then be put to sleep.
However, I WILL say, was that a REAL truck driver, if he hit a sidewalk THAT hard? This is what we, as a nation, have come to!
Gages are still being used as a safety precaution at just about all tire shops that ive seen.
Okay, so the tire goes bang and the admitted victim of PTSD hires an ambulance chaser to get some easy money. I am fairly sure he would have to prove that the driver was aware of the pre-existing mental condition to be culpable for aggrivating it. Permanent hearing loss? Only if there was a pre-existing hearing condition that was undisclosed.
Accidents happen… no mention is made of the reason for the driver’s tire hitting the curb… was it due to a lack of control? was he avoiding a greater hazard? was he swerving to miss a reckless driver? Did a child run into the roadway? I have had all of these hazzards occur while behind the wheel… luckily all I had happen was I needed to be towed back onto the roadwayn when a wheel hot stuck in a soft shoulder.
… oh, and you might be surprised how little of an impact it can take to blow a tire… sometimes it is just a matter of catching the tire at just the right point to break the bead… and that can lead to a hell of a bang. Don’t be so quick to lash out at other drivers until you know the whole story.
Don’t know where ya get yer tire work done but the last tires I bought were inflated in a tire cage.
Unless he was a SEAL/UDT I wonder how a Navy man from the 80’s suffers from PTSD.
That’s my question too Olde Dave lol
Sir I was getting some work on a trailer tire in an indoor shop. They were filling it when all of the sudden it blew up. I was about 5-6 feet from it and all it did was leave me with a buzz in my left ear(lasted about 5 minutes). So I agree besides how he might have been affected by the PTSD I doubt that he suffered anything else and he is just looking for a quick payday.
You are right about it not being louder than a 12 gauge shotgun…. as long as you aren’t on the buisness end of said 12 gauge:).
If that driver was going fast enough to blow out a steer tire by hitting the curb then he is accountable. I have been driving since Feb 99′, I always drive as if it was my family next to the truck. There are too many drivers in too big of a hurry nowadays. I understand that with digital logs, drivers have to drive as fast as possible because their available time is finite however, they should also remember that someone’s loved one is right next to their truck.
Thanks so much for the condescending lecture!
Jason What makes you think he was going at speed? When the tyre clipped the curb/sidewalk it may have hit something sharp. You werent there so dont make assumsions that the Truckie is at fault. Could even be a fault in the tyre..
Sick of people assuming the Driver is always at fault. To me it sound like this Idiot is after a quick $..
Wrong. You don’t have to be driving fast for a blow out to occur. The tire may have had a factory blemish that was undetectable. A minor bump against a curb could cause it to blow out. Also it could have been a recap tire that was hot. My point is there are a million things that can go wrong with a tire, speed is not the only factor.
Not in control of the vehicle? Please this lawyer is bonkers. It doesn’t say which tire blew, but if it was a trailer tire on the passenger side, and the driver was making a right. Well then I can whole heartedlyrics say that it is hard as hell to see just where that tire is tracking. Plus there are times where you have no choice but to curb it.
They can not put recaps on steer, because of the lose of control factor
Exactly!! NO recaps on steer
If the driver was running recap tires on his steers…he wins the dumb trucker award.
That said, the guy is looking for a quick buck regardless.
umm that makes no sense whatsoever in light of the situation…your on a tangent and not saying anything intelligible bout the reality of this issue..Its a bogus suit and no doubt an ambulance chasing skidrow lawyer…and any respectable court which i know there are fewer and fewer would toss this idiocy out and see it for what it is…
Might teach truck drivers to stop hitting curbs. In the last 5 years I have hit 3 curbs total and that was when I started driving. While I think the suit is a bit much, and that he can’t sue the driver because he’s technically protected by the company he works for, it could have been worse. I’ve seen the results of trucks going over the curb and running over a person. This driver’s just lucky that all that happened was a blown tire.
Not sure why you think the driver can not be sued because they can be along with the company. My husband and his company were both sued by some ambulance chaser only to find out he sued the wrong driver and wrong company for a paint exchange accident that was a set up to begin with. Glad to say their insurance company aggressively pursued the case and had it completely dropped on the grounds of it being BS.
It sounds like this is another case of someone looking for a big payday as well. Willing to bet the company will probably settle out of court for a few thousand and the driver will probably end up out of a job unless their insurance carrier is a bulldog and stands up for them.
Smells like BS to me….
It is BS. Somebody looking for an easy payday. Hope this is denied in court or the cost of mrchandise is going to increase because if this suit is passed it won’t be the last one and that means the public will end up paying for this BS.
I wouldn’t have sued if the driver had yelled “INCOMING”!
Besides, all you truck drivers are rich anyway.
What makes you think truck drivers are rich? They are far from it. They make about $500 to $600 a week if they get the miles. Its a rough life. Just because he blew a tire doesnt mean he should pay some schmuck whos probably faking it anyways and taking money away from the drivers family.
$500 to $600 per week. Why brother. I could drive a school bus, turn beds in-between daily runs, and make that. Plus get my summer off if I want to.
Jack…you need to get your sarcasm detector fixed.
lol
LMAO Now I’m ray, that’s a good joke
More frivolous lawsuits to get money off of truck drivers.
Really? And, whom caused the tire to fail by curbing the wheel?? The driver and company are negligent. This would be no different than the CMV striking another vehicle. Tires don’t belong on curbs.
I see you 4wheelers doing stupid driving every
Day . Give the man a break !
We bearly living here.
Then do something else, its not like anyone is forcing you to do a job you can barely make a living doing.
Do you drive in cities in the north east. Have you never misjudged a turn and never hit a curb. Why bash the driver. He made a mistake. Western will take care of the discipline. The guy suing for this is just looking for free money.
Please, I’ve never blown a tire out rolling over a curb, and I’ve rolled over plenty of them. Peeled a tire off the rim, yeah, but blown out? Never. There was something seriously wrong with that tire. Maybe it was a another garbage Bridgestone from the Chili plant.
I have in NJ. Those tight areas with sewer grates right in the middle of the curve.
Ive never blown a tire either by rolling over the curb. It happens. Did he do it on purpose, doubtful.
Im not surprised at what a lawyer will stand in court for. As for this guy, it’s a shame but this is our culture now, for those who herded up behind the left. Somebody has to pay your way of life now. I agree a man who served years ago should still be proud and mad as hell about what’s going on today. But I guess if you’ve sold out your soul as did the left, you now have no morals, accountability or ethics. What a shame, society gone amuck.
What’s worst, is the court will probably award him the damages.
It is going to get to a point to where a guy won’t even be able to start his rig up without it offending someone, and getting sued over it.
Well, I find it odd that the Attorney isn’t going after the Tire Manufacturer, but if the suit is registered for $75 K, then it is an automatic settlement in Small Claims. The Lawyers aren’t stupid.
This is a complete joke ! You would think a military person would b a proud man but yet we have this loser who’s suing over something so ridiculous that I cannot believe the courts are even entertaining this! Court needs to give this man some eat plugs and go on his way! 75K for what because he scared of a little boom. Truck driving everyday is getting harder and harder with morons like this out there !
This is ridiculous. Back up from the curb dumb a $$ when you see a big rig turning. This is all about $$$$$$$$$. Get a life.
I have cousin that have ptsd he is back 2 what is normal for him. He did his last deployed a year ago it took him maybe 3-6 month’s to get over loud noises. then my cousin is still enlisted in marines. He said he ain’t no punk. Caz many people use this excuse to get out military. This guy is lying so hard. He know that this condition is hard 2 prove against. Since he claims to be diagnosed with it before the person knows what symptoms to show so he can get what he think he wants. When the tire blew he saw an opportunity to get some fast cash I really hope he gets nothing because he making it look bad on the actual service men/women that actually have this disorder. When I saw title I thought it was gone say he got hit. They gone make use put disclaimers on our trucks like construction vehicles not responsible for damages. I had somebody call in on me saying that I threw a rock and hit there windshield.
Causing them to replace the windshield. My company notified me of the call in them people wanted me wrote up/ punished and their money . When company told me this all I can say is HUH! WHAT is world coming 2 I could see if he got hit by a piece of tire or even by truck he said the sound knocked him out. WOW! Shaking my head
The pedestrian should not suffer permanent hearing trauma, or hearing lose due to a truck tire explosion without compensation. In no way is the pedestrian to blame for this incident. Everyone can be thankful that the pedestrian was not hit by the truck. If the front tire was on the sidewalk then a large portion of the truck could have been also on the sidewalk. To blow a front tire under normal circumstances takes a severe event like excessive speed, or a sharp object or a faulty tire.
My Questions are,
“How fast was the truck traveling on the sidewalk when the tire blew?”
“How close were the pedestrians to this moving truck that drove up on the sidewalk?”
One possible scenario is that the truck was turning at normal or greater than normal speed, and misjudged the turn and drove up onto he sidewalk in the presence of pedestrians. (This is a bad thing) The driving onto the sidewalk was done by mistake and at speed. If the driver intended to drive on the sidewalk it might have been done slower and with more care and the tire should not have blown.
In any case driving on the sidewalk with a large truck in the presence of pedestrians should be avoided, and insurance will pay.
Much care is taken to ensure that front tires do not fail catastrophically. Simply driving up onto the sidewalk should not under normal circumstances cause a front tire to blow. Something extraordinary might have caused the tire to blow. This could have been excessive speed, or a sharp object or faulty tire.
Law suits and insurance settlements are good. Nothing is corrected until it costs someone some money. We are all safer because of law suits.
Peter,
No one is saying the pedestrian is at fault.
Do you drive a truck? Do you do this for a living everyday? You have no clue. Any time someone can come up with any reason to sue a company whether it be frivolous or fake as in this case they will do it. It doesn’t cost this guy one penny to sue. The lawyers all work on a contingency. The cost to move freight across the US continues to rise. This expense goes to you!!!. Everything you see in your home, office, backyard or put in your mouth is brought to you by a truck. Keep on encouraging this type of behavior it is the public that pays for these lawsuits.
The pedestrian is not at fault and should not be made to suffer. A tire blowing so loud that it would cause hearing harm is not a reasonable risk for the pedestrian to assume.
Tires go flat or blow frequently on trucks. If the pedestrian is not to assume the risk, then it is a reasonable for the truck driver, owner of the truck, tire manufacture, insurance company to assume this risk. In many cases decisions are made for profit that increase the risk. Tire companies factor in the cost of law suits and damages. Trucking companies fail to maintain vehicles to save money. Drivers are required by law here to inspect the truck before disembarking. This inspection includes tires. This type of law suit should be expected as a normal course of business.
Driving on the sidewalk with the front tires happens all the time at slow speed, with care after any pedestrians have acknowledged the truck and have moved to a safe distance.
This may be a case where the truck made a turn at speed and drove onto the sidewalk without warning to pedestrians. The article does not seem to give much detail. I am assuming that this was a left hand turn. This would mean that the front of the truck would have been several feet over the sidewalk where pedestrians would normally stand. This is dangerous and should not happen.
A law suit may determine the reason for the tire blowing. This could save the life of truck drivers, and others. It is very dangerous when a front tire blows.
This should be a reminder to everyone who has worn or old front tires to have them replaced. About 95% of tire failures occur after 50% of the tire tread has worn off.
Front tires? As in steers? Why a left hand turn?? I d guess rht. And the trailer tires. It happens especially out east where the roads aren’t made for 53 foot trailers.
You’re not a truck driver are you? Lol
Peter? Time to wake up! You’re dreaming your life away!!! No wait ! Sign this in your sleep and you’ll own ocean front property in Arizona !!!!
Yeah the lawsuit is a joke, but the driver should pay for not knowing how to drive.. I have driven 20 years and never blew a tire on a curb. The trucking industry allows drivers with less than 6 months experience to train another driver. The driver has to be held liable for his mistakes, but that lawsuit is a little over the top.. Lets slow down and pay attention drivers and if you are unsure, stop and get out and look.
I’d like to say I’m surprised by this. But it just saddens me that a man, a self proclaimed war veteran no less, is this unable to cope with real life. I hope the payoff, make that ransom fee he collects, will ease his obviously many burdens in life. *note the sarcasm*
Oh & save a chunk of that money for the inevitable visit from the tax man. Or will your PTSD (as much a made up condition as Fibromyalgia) keep you from having to pay that too? This nonsense makes the honorable service provided by men like my father, who served 19 months in Vietnam & received 3 Purple Hearts, into a joke.
Doesn’t say he was a war vet. Just tgat he was in the nav. Lawyer talk to confuse the situation.
Also doesn’t say he got PTSD in the nav.
It’s all about money! The man saw an opportunity and took it and is going to claim it triggered his pre existing mental health issues. Seriously!? You were in the service that should have made you a man and gave you a pair but apparently not
pathetic..just some loser trying to make a buck without working for it
Unfortunately the facts are that company will more than likely pay up on a out of court settlement to avoid the costly expense of legal action. Happens every day. This is going to be on the drivers record. I had an experience years ago that happens more often today. Someone is driving and sees a big rig approaching from the rear. OR The 4 wheeler is merging on to the road. When they do they prevent the rig from moving back into the right lane. Then at the right moment when there are several cars around will cut in front of the rig and hit the brakes .. Has lots of witness’s to back up his story. However this time it was in front of a cop sitting in the median. I recognized the set up and quickly went to the right lane as the car moved to the left in front of the cop, hit the brakes. I was not there. I had tho during the set up , wrote down every thing on paper about the car. clothes driver was wearing, license plate , condition color of car and make and model weather, time of day. Cop pulled this guy over due to his actions. He had his wife and daughter with him. ( idiot) Turned out after an in depth investigation he made a living doing that. His brake lights had been fixed to turn on and off.
Companies will pay off no problem $10,000 every day to avoid court. This driver was making a living doing that to trucks. I would have been his 5th that year. At $10,00 a pop he was making a nice living and no attorney needed. As it turned out Mo and AR state police and attorney generals began to work together and if his name came up again in this type of situation he would be nailed and all monies he had been paid he would have to repay and face charges in court in both states… It is a shame the family has to suffer due to actions of an idiot .
Lol im especially careful around beat up cars. I pull way back. I usually say to mysel, “i’m not buying you a new car!!” Lol
Just be glad I’m not on the jury you chickens— weasel. I wouldn’t award you a penny. But there is always a Whiplash Willie who will take any case because they are as desperate for business as anybody else. And rest assured dumba–, he will get his before you get whatever is left for yours.
Obviously an ambulance chasing lawyer who needs to be disbarred.
That is what’s wrong with this country today .
This is why there’s a shortage of driver, everyone is afraid of a lawsuit. Truckers can’t make a good living without a libel suit around every corners.
Lol really knocked unconscious. I can see if the tread slapped him unconscious but the sound…cm on now
Why is no one questioning the drivers ability to control his vehicle? Running up on sidewalks because you misjudged a turn is not proper driving skill.. I feel that the drivers need to be held accountable for their ignorance. I’ve seen hundreds of Western Expess trucks being operated by individuals that are obviously not well experienced. There’s a Nestle plant in Maine that everytime I see a a Western Express truck at, they’ve hit someone…. The driver on this incident is probably some super trucker that thinks he is gods gift to truck driving, sounds like he’s in for a rude awakening. How about the idiots in trucks that are driving down the middle lane, 5 mph under the speed limit, with the left blinker on for 20 miles…. This is probably one of those drivers.
Aside from blaming the DOT, brokers and shippers for the suffer in the industry, let’s start holding the ignorant drivers that are causing the real damage to the industry accountable for their actions.
Every Western truck up there? You must drive for Hartt or one of day cabs. you sound like one of the super drivers. And I guess you don’t drive in the city and deliver in Jersey. Some of these deliveries are in spots that are not made for a day cab with a 48′ much less a sleeper with a 53′. Yes the driver did misjudge no one is arguing the fact but to jump on him. The company will discipline him. You must be a real a#%.
Agreed
This. I hate to agree (and no offense to the decent drivers at this company), but I’ve had lots of close calls involving West Ex drivers. Saw one from their flatbed division in downtown Nashville drive for miles and miles with a tarp flopping over his rub rails and literally bouncing on and off of his tandems. Tried to raise him on the radio to no avail.
That being said, I’d like to see the corner this guy tried to make. Maybe he had a legitimate reason (some corners just aren’t designed well for us), maybe not (down some street he had no business being down).
What I see in this story is yet another example of why no one should be driving trucks anymore …Until..
1. They are covered by trucking company insurance protecting them from this kind or Liability..
2. They get payed for ALL of The Work that they are required and/or expected to perform..
you are nuts to assume this kind of Liability…
What exactly does this guy have PTSD from? The combat he wasn’t in??? What a joke!!
You have no idea what combat he may or may not have been in so who are you to judge?
They’re both idiots and deserve each other. The lawsuit is frivolous and only misses being ludicrous by inches having been filed out of a sense of entitlement. The driver was careless and quite possibly unqualified to be behind the wheel regardless of what his license says, a sad and all too frequent of an occupancy these days. This is merely a culmination of years of society as a whole tolerating and even encouraging these types of behavior patterns in the name of enlightenment and progress. Bah humbug. The rod has been spared and the children spoiled for way to long as a result it’s people like these that we’ll have to rely on after we retire to run this country. We’re screwed, people. Royally screwed.
Doggone autocorrect. Occurrence, not occupancy. Sheesh.
You all better stop picking on me, or I’ll sue you too!
So what if I was in the typing pool when I caught PTSD? It was stressful watching other people march off to war .
I once had a bran new steer tire blowout right at the fuel island in the terminal while I was fueling my truck….I was damn glad that it happened there…My point is that sometimes tires are abused and sometimes they just blow….
Just how many of you super truckers have NEVER Hit A Curb…Especially getting around in the city???
Jack if ur only making 5 to 6 hundred a week you should start looking for another company unless ur a newbie. With 6 months otr you should make at least 800/wk. I mean hell you can make around 400/wk at Mcdonalds then you get a bonus from the gov’t which will get you close to 500. The reason company won’t pay is cause some sucker will always work for no pay.
Lol…$400…$800…ha ha ha. Really great truckers make 9k gross and keep about 5k. Second that guy was probably holding a cardboard sign, and thirdly years ago I saw a jb hunt driver take out a hydrant and his tire. Funniest thing ever! Right up there with doing this job for what I spent on sunglasses last week. Oh, and to you end of the worlders, shut up, this guy cashing out is not going to bring your lord back any sooner.
Just read my comment, man I am funny. Oh and be on the lookout for the article about me taking out a car because at one of my stores I deliver to, not only do I have to avoid a curb AND a utility pole, I have to turn from the middle lane, with a kick to the left lane first all the while making sure a car doesn’t sneak up on me first. Good times!
Another Frivilous lawsuit , There were no conflicts the Navy was involved in at the time he served . The tire exploding has the same db rating as a 12 guage shotgun or in his case a M-16. I am by no means justifying the driver hitting the curb and trailer turning radius
especially on right hand turns in a metro area can be pretty tight . No excuse ..But thank god no one god hit . Brian ,tire cages are utilized in the mounting procedures of truck tires in the event of a bad casing /causing explosion but were maily designed for the old 2 piece rims . I have 2 of them . I assure you they do not come with sound proofing .The force of air pressure being released from a blown tire is not enough to knock anyone out unless you had your head on the tire . The person does not claim to be hit by any tire debris or tire rim . I have scene tire accidents and the damage they inflict . This is not one . So Brian . I respect your comments and your ability to the read the C.F.R ‘s so i ask one question of you . In your 32 years of driving for UPS,,you have never hit a curb??????? oh and by the way , if this was a Roadway or Yellow driver , you probably would not have made a comment. They are teamsters, so aren’t you . and guess what. Western Express is non -union, so all other truck drivers in your eyes that arent in the brotherhood are just non union scum ?????? Drive by a UPS truck on the highway, pass them and put your directional on,, they won;t even give you a light flash to let you know its safe to come in
It looks like the front right steer blew….. if he hit a curb turning, what was the driver going to do…..turn onto the sidewalk. I could see the trailer tires hitting the curb but a steer
right front steer also means making a wider left turn than usual because a 4 wheeler was too far up to the light/intersection and wont back up or cant back up to give the driver room to make the left turn .. further more forces the driver to swing onto the curb/sidewalk to keep the trailer from hitting the the non considerate 4 wheeler the front tire may have clipped the edge of a steel storm drain and BANG there goes the tire….the nose from the tire blowing out can very well be deafening if standing too close…
Mr. Ray “Jackass” Falk is the text book example of why this country needs to make the loser in a civil suit pay all the court costs. He will lose, and it will be spectacular. This whining, lying SOB needs to get a life. Maybe the next big-rig blowout will happen between the cheeks of his maggoty ass. This idiot needs a life. And the ambulance chaser he got to represent him should be not only disbarred, they need to be whacked with a bar.
John Burleson, who fears no scum
John ! Don’t hold back for crying out loud ! Speak your mind, get it off your chest ! Davey Crockett bar…..or one of steel ? BLAHAHAHAHAHA
I was in the Navy in the 80’s too, nothing to PTSD over. To me, Ray just sounds like someone on the take. He has probably filed a Fake disability claim, and gets free money to live off every month. Now he’s just looking for more scams.
We need to pass loser pays tort reform, and have any disability claims this fraudster paracite has made investigated.
This country is sue happy. Everyone is looking for easy money. Welcome to socialism folks.
I think this country was that way long before our current president took office.
@ Ray
Yes, the current president is no more than a reflection and symptom. If truckloads of voters – maybe busloads – didn’t prefer his approach, skin tone, background, beautiful buckets of bool sheet he’s always talking, he wouldn’t be in the White House.
That’s BS
He’s just trying to get free money
I’m surprised he didn’t claim sterility and was the cause of his molesting his kid as well as his divorce.
There are any number of circumstances that could have caused the tire failure. Looking at the photo enclosed in the article, it does appear to be a steer tire. Granted, I was just a 10 year rookie when I hung up my otr spurs to head back to college, anybody who says they haven’t curb-checked is full of beans. It happens! While I am not a fan of the modern corporate driver and subsequent mentality, I feel comfortable based on my own experiences, that this is simply a case of poo-poo happens. I have to agree that this is a ploy to score some easy cash. While I am NO AUTHORITY on PTSD, I DO work with PTSD veterans in a Wisconsin Veterans Treatment Court as a veteran mentor, and have to express that PTSD is not restricted to combat. PTSD is just what it says POST TRAUMATIC stress syndrome. Stress experienced from a traumatic experience. Police officers, Firefighters, EMT’s, tow truck drivers and TRUCKERS, and anybody who is involved in the tragedies that play out daily in life can experience this disorder. Even if this veteran suffers the strongest effects of this diagnosis, it seems reasonable that he cannot hold the world accountable for aggravating the condition. Car tire blowouts, backfires, jack-hammers and a million other things can and do happen. If you had opportunity to drive through Louisiana after Katrina and hear the noise those giant pounders they used to set the under water structures in place with, those made my non-PTSD body jump out of the seat. It seems ludicrous to attempt to hold a trucking company accountable for a loud noise. It seems unrealistic to construe that this driver singled the guy out and blew out his steer on purpose just to screw with the pedestrian, so it’s just a matter of “life happening”! The sad thing is that he’ll probably win. What a shame.
Ever hear of “fainting goats”? Me thinks I smell one!
Curb level blowout doing all this? Was he bent over tying his shoelaces? I doubt it.
If I could find even one claim for loss of hearing or PTSD from this guy against the Navy, anywhere in his past, I would throw the book at him. How could anyone know what happened when?
Permanent hearing loss and I’ll sue for a lot more! Is he looking for reparations or just figuring he can get an easy “settlement”? I don’t know.
FACT: Truck drivers sometimes hit curbs. Get back!
It’s not even illegal to do so. It’s illegal to do it carelessly or on purpose.
Why do you think they put them there instead of using imaginary lines or drawing them with chalk?
If this guy can prove actual permanent hearing loss with credible doctors I can see his side of it. The trucker made a mistake and he was harmed as a result.
No doubt it was loud. And if he has PTSD it really scared the crap out of him. Chances are he was quite a ways from the blowout but the article simply says “just feet”. A truck swings onto a street and apparently this guys is standing curbside? I doubt it.
Should he collect money? Hell no. Crap happens in the real world. He is simply a loon with an ambulance chasing lawyer.
By the way some of you respond to the trolls way to often. Their simply provoking a response to their stupid comments.
First, no way that 105- 120 pounds of air pressure in a rubber tire is going to do all that. Yeah, it probably was loud! If he had a heart attack, then I would be compassionate and understanding… only do the driver hitting the curb. I notice they’re not suing the tire manufacturer because they would clearly have the information to blow this apart!
That’s more than enough to do that. It’s definitely possible that it did knock the guy out.
And if the tire blew at the same time that the driver hit the curb, it’s not exactly coincidence. Whether the tire had a defect or not, the driver shouldn’t have hit the curb
Trust me, there are scammers in the military too. There’s a dirtbag I served with that still owes me money. He told me to meet him a the E-club and he would pay me before he shipped out to his next duty station. Went there at noon like we planned and there were 4 other guys from my unit there he told the same thing. Of course he had already left. C.O. said there was nothing he could do. There’s always that 10%. You know.
apparently some of the commentators have never driven a truck, many road intersections are not designed for trucks, many of them require taking up the whole road to get a truck around the corner, with some traffic taking up space hitting a curb is unavoidable sometimes.
Very….VVeerryy Suspect…War Vet’ or not…I’d say “Easy Pickins'”
ptsd??? I probably saw much worse then he di while I was in the Fire dept. ptsd GET OVER IT
I don’t believe it.
Hitting a curb during a turn with enough speed to rupture a steer tire guarantees the truck would have rolled.
The problem is so many streets are still built for the old 180″ WB tractors and 40′ trailers. There are gazillions of places where operating a truck is impossible without running on the curbs.
… and that’s probably a good reason why self-driving trucks don’t exist yet. Different subject, I know, but tell a driving AI to not hit any curbs and let it loose in any downtown area – the results would be laughable.
I’ve been driving for seven years, I’ve hit a few curbs due to lack of turning room and traffic. People are always trying to get money out of truckers. Not everybody should be behind the wheel, but shit happens. Some of you shouldn’t be allowed in cars.
I read through the comments and the only thing I did not see was a question about the lawyer, is he or she getting paid on what the victim might receive or is the victim just paying the lawyer, what do you think?
Well just my 2 cents, it appears the truck in the photo is a car hauler and a Pete. The tire is ran completely off the sidewalls as tho it was runnin down the freeway, not a city street. I don’t recall ever seeing a western express car hauler division. I may be wrong. God help us if there is one! What do I kno I’m just a truck driver.
Anyways, I think it’s kinda tough to blow a tire on a sidewalk as they usually are flat and smooth. But,Checking a curb even at a low speed under heavy load can blow a tire. I’ve blown trailer tires just making tight turns on asphalt. Even busted a lugnut or two also. Anythings possible, but i personally don’t think there’s enough of a percussion from a blown tire to knock someone out. Dont have much to say about the driver, their track record speaks for itself. The Vet? well, i guess it takes all kinds to make up our melting pot! Personally, I think we need more than Gods help!!!
There is a car hauler division in Oklahoma city .lol, at least there was last time I checked.
It’s Obama fault that the tire blew
I’ve blown many tires on my rig (not hitting curbs just riding on hot asphalt) and I’ve stood pretty close to exploding tires and yeah it’s loud, scares the crap out of you, and if you’re standing close enough can knock you for a loop. But no serious long term physical damage occurred in this case. The fact this guys lawyer is tossing in “PTSD” just shows how weak and lame this lawsuit is. Right, play the combat vet PTSD card, garner both respect and sympathy. Pfff. Western Express will probably settle, but I don’t think this guy deserves much in compensation. I say buy him a cheap exploding truck-tire-proof suit of armor, earplugs, a bottle of chill pills for his shaky nerves, and send him on his silly way.
He’s looking for a easy pay day nothing more.
I see only one way to end such bulls crap lawsuits… you should pay the sued part lawyer expenses if you decide to sue somebody…
This could end up being a major case against the trucking industry if the pedestrian wins, although it will likely depend on details not covered in this article (e.g., truck speed).
LOL!!! Trucks need to stop hitting curbs!
I’ve been driving for years and I have seen what happens when a truck goes over a curb where a person is standing.
What’s next blame people who put on Fireworks because they are to loud! He is just looking for easy money from a large company! Give. him nothing but a court bill
Might teach truck drivers to stop hitting curbs. In the last 5 years I have hit 3 curbs total and that was when I started driving. While I think the suit is a bit much, and that he can’t sue the driver because he’s technically protected by the company he works for, it could have been worse. I’ve seen the results of trucks going over the curb and running over a person. This driver’s just lucky that all that happened was a blown tire.
Kai, with respect to your claim that “he can’t sue the driver because he’s technically protected by the company he works for”, I don’t believe that is true in today’s legal world. If it’s proven that the driver did not maintain control of his truck, and thus resulted in the alleged personal injury, I believe they can go after both the individual driver and his/her company for damages… otherwise, personal responsibility would fly out the window. I hope that driver has a good lawyer.
facts are driver ran up on a sidewalk/curb he is at fault for whatever damages occurred to equipment or anything or anyone else,that is a preventable,if he had damaged property by illegally driving on a curb or sidewalk it could have been potentially much worse,75000 isn’t much in a lawsuit considering attorney fees and such.If the man was hospitalized for any more than a few days 75000 in hospital bills could accumulate quickly.A court of law will determine the outcome plain and simple or the parties will settle out of court.Its easy to say an individual is a money grubber when you don’t know the facts 100 percent were not a witness to the events that occurred or personally know the individual
This is a bogus claim and I am in no way defending the claim or the driver, there is not enough information for any of us to judge. The main thing I would like to point out here is that a lot of people are assuming this was a steer tire because of the picture. That picture is not of the truck, it is simply being used as illustration purposes. The only way I know this is because I wanted to be sure before posting, so I looked Western Express up their US DOT number is 511412. Where as you can see the picture of the truck the DOT number is 79026… I can’t make out the last digit but trying all possibilities none come back to any Western Express. Anyway, I just wanted to put that to bed that, that picture is NOT of the truck involved so we don’t know what tire blew.
Would somebody please explain to me how this driver managed to hit the curb with his steer tire while going around a turn? Last I checked we take turns wide.
Tight left turn opposite corner when your making sure your trailer isn’t hitting a car or tree.
being pre occupied
I think it’s them people against bad truckers again keep your truck legal they won’t ever see you…
well the way I see it is the dude is just looking for scheme to get money and not have to work anymore….im sure it probably scared the crap and/or piss out of the guy but that’s it…and about the permanent hearing loss the judge should have his medical records checked to see if he had it before the blow out…Im sure hes heard a blow out from a 4-wheeler before and a blow out on a truck may be louder but I highly doubt loud enough for that…I was on the truck with my man and passed one fixing to have a blow out and we didn’t even have our trailor infront of him yet and it blew and it just sounded like a 12gage going off…it was just an honest accident and everyone is taking it out on the poor trucker as usual …. I bet if it was a wheeler that had the blow out the guy would’ve just seen if they needed help…truckers are normal people making a living for their families and working their butts off to deliver the goods everyone wants…if it wasn’t for them the stores wouldn’t have it…show some respect and give the guy a brake
This is b.s. I had one blow out while I was putting air in it. It scared the heck out of me but I wasnt injured other than scraping my elbow getting out of the way. Before they blow out that way you can hear the tire ticking as the steel in the radial comes apart. Speaking from experience, they will tick three times with shorter and shorter intervals, then explode. I appreciate the gentlemans service to our country but this is a shameless money grab. And yes, I understand this one blew out when the bead came unseated, at least there wasnt any shrapnel. Oh yeah, as cold as this sounds the only way out of post traumatic stress is to go thru it and forget it, if you think about it, it only gets worse. Moving on is the only way out. Getting 75000 dollars will reinforce the disorder and make it permanent. Sympathy is like crack to those of us with ptsd. Oh yeah, I know its only called pts now. Isnt that sweet? A friend of my once told me”I could walk thru a street filled with dead bodies and it wouldnt bother me.” That, is the proper attitude, its the only valid response. How about offering him a job in the safety office? He could torment truckers to death that way.
Please read comment by Peter July 6 and my comment July &th
Who said he was going fast? I’ve seen tires blow out in the parking lot that were sitting still. Tires are subject to blow at anytime. I’ve seen them do it. This guy is an American mooch and wants a free payday. Just like 99% of all Americans these days.
Well, I can state for fact that when a truck tire blows, it has a tremendous impact. One night in Phoenix Arizona I was inside a truck stop trucker store, the blast of a tire shook the building like it would if during an earthquake. I ran outside to the tire repair shop and found the repairman in extreme pain. He was blown back against the workbench and his back was slammed against the vice which was mounted on it. Now the tire was inside a cage when it exploded. The mechanic was filling the tire with air after repairing it, while it was in a cage. The driver, who was standing to the mechanics left had an extremely hard time hearing when being spoken to. So it can happen with tires. Y’all be careful. Do not let anyone tell you cannot get hurt if a tire blows.
Who Care’s!!! Too many people, Too many opinions, and not one has the facts. Starting to sound like another CB fight comig on.
While making a delivery at Kodak Park Rochester N.Y.
The trailer a head of me kissed the curb with the right trailer tire.
The tire exploded, a fire ball was seen, several buildings shook. People came from out of the buildings in the complex.
Kodak used a lot of ether based chemicals on the park. a building explosion was possible.
The man standing on the side walk would have been easily knocked down.
The fact that the man was in the navy would not exempt him from”post traumatic stress”
He very well could have been on a gun boat,they saw a lot of action, ask senator/ secretary of state John Carry.
So i was with my co-driver at the pick up , he was backing up to the dock and one of the drive axles recaps blow right next to me , that was loud and one of the pieces of rubber hit right in the stomach . I should probably sue my co-driver , right ?! People are nuts sometimes…
going to file a lawsuit against all car drivers who cut me off and cause dangerous situations for one trillion dollars
Just saying…. I’m pretty sure that ANYONE that cross checked the USDOT number on the side of the truck in the picture, even trying every possible number for the last digit in it, would see that this is NOT a picture of the Western Express truck that the tire blew. It was unlikely it was a steer tire that blew, look at the rubber tracks, that wasn’t a tire blowing due to hitting a curb, that was a tire blowing due to a defect as he rolled down the highway, just a file photo.
Like bringing up religion or politics on a cb radio. Everyone has their own opinion, they’re all reasonably valid arguments, with a little stupidity and chest bumping just for entertainment. Get over it. You have X number of years experience and training, so you automatically know it all? I don’t think so. There are a lot of holes in the victim’s story, but if you weren’t on the curb with him, you just don’t know. Don’t act like you do.
As for the comment about the social decline in America? Very funny, laughed out loud, but wait… It IS TRUE! Well put.
Ladies and gentlemen, I would like to ask one thing from all of you. The moderator on this forum is gracious enough to NOT censor the profanity that slips thru our lips sometimes. I ask, for the sake of our children that might also be reading this, please leave the profanity out, and find other ways to express yourselves. I’m as guilty as anyone, but my grandson just asked me what the ‘f’ word in an earlier post means. Let the kids be kids, without anger and profanity. Thank you for your help.
“If you don’t like my driving then stay off the sidewalk.”
It is sad that people today are always finding something to sue over. I once had several hunts spaghetti fall on top of my head from a display of them at super 1 foods and I am NOT trying to sue them, and believe me it left some knots. Maybe our country would not be so bad if everybody would stop being so greedy. I could maybe see someone wantingthe doctor bills paid, but, $75,000 come on
People will use any excuse to sue anybody. I had the Ohio Highway patrol tell the officers at my accident scene “to mke sure the accident report makes the out of state truck driver at fault” to cover up for the Ohio state employee driving an Ohio state owned car running a red light into the side of my truck. Can I sue the Ohio Highway patrol for “liabel,and slandering” my name in the newspaper,and my home state licence bureau,and my insurance company? After all what They said hurt me finically.? Not in your life.
This goes right back to people thinking truck drivers have loads of money. Shame on the lawyer & the court for having this go to trial! I believe the pedestrian has issues but they don’t stem from that tire
If I was the judge in this case I would throw Faulk and his pre-existing condition out of my courtroom! Cases like these is exactly why this country is In the shape it is In, well among all the other shady issues out of the White House. An honest hard working man and/or company, really gotta be on your game these days. Lazy non-working predators everywhere. Mr Faulk?? Get out of my court room!!
After reading this article it is obvious to me that this is a frivolous lawsuit. I realize that truck tires have 110+ PSI but to have someone knocked unconscious is difficult for me to believe. Also, if the litigant suffered from PTSD I truly feel sorry for him but this in, my opinion, is an attempt for someone to get a large cash settlement. When the tire blew it was probably loud but I would have to see verifiable proof that it would indeed render someone unconscious. This guy and his lawyer are looking for a quick payday.