Nuclear Verdict destroys small trucking company as a result of another company pulling their trailer

Discussion in 'Trucker Legal Advice' started by TheLoadOut, Mar 24, 2021.

  1. slow.rider

    slow.rider Road Train Member

    2,005
    4,740
    Apr 4, 2017
    NYC
    0
    If he was pushing buttons on it then he was distracted by definition.
     
    NavigatorWife and ZVar Thank this.
  2. Truckers Report Jobs

    Trucking Jobs in 30 seconds

    Every month 400 people find a job with the help of TruckersReport.

  3. Don379

    Don379 Heavy Load Member

    714
    1,286
    Jan 7, 2021
    0
    The use of any device while driving is distracted driving, even yapping on Bluetooth phone. Specially when the nvolved with an accident. That’s not my words. Just saying if you wind up in court where someone got injured, the jury will say you should only be doing one thing behind the wheel of a truck. That’s drive. They can get any info they need from your device to show that you were on phone, texting, surfing net or watching youtube
     
    Studebaker Hawk and NavigatorWife Thank this.
  4. Don379

    Don379 Heavy Load Member

    714
    1,286
    Jan 7, 2021
    0
    Few parts left out of the story. Driver yapping on cell phone in rain hydroplaned and went across the road into head on traffic.
    Then this part, if you gonna do this, your gonna have to suffer the consequences. Always smart to play by the rules when your butt could be on the line. All truck owners know that when something happens, lawyers will try to tear you apart anyway they can to get paid

    “The Plaintiff's attorney proved that RCX Solutions, Inc. did not have a Department of Transportation Broker's license and therefore could not legally broker the load. Siding with the plaintiff, the jury found that the 18-wheeler operator was negligent and that RCX Solutions, Inc., used a motor vehicle it did not own to transport property under an arrangement with the operator.”
     
  5. Don379

    Don379 Heavy Load Member

    714
    1,286
    Jan 7, 2021
    0
    The Plaintiff's attorney proved that RCX Solutions, Inc. did not have a Department of Transportation Broker's license and therefore could not legally broker the load. Siding with the plaintiff, the jury found that the 18-wheeler operator was negligent and that RCX Solutions, Inc., used a motor vehicle it did not own to transport property under an arrangement with the operator.
     
    TheLoadOut and ColoradoLinehaul Thank this.
  6. black_dog106

    black_dog106 Road Train Member

    1,786
    1,666
    Mar 29, 2009
    MA
    0
    The Cliftons...
    Thank you for taking the time to share your story. Truly sorry for your losses.
    A very common story nationwide. Everyone knows about, talks about, complains about it and the stupidity continues. Gaining momentum and snowballing.
    Being in the industry like every member in this forum, your story opens our eyes wider. Makes being an O/O another step closer to extinction.
    A friend owns/operates a little residential/light commercial excavation business he started himself many years ago. Stays small with one employee. He has a reputation for doing excellent work and is always busy. (More proof the economy has no effect on the truly best in their field.)
    In spite of his success he beats himself up with every job he does, fearing being sued!
     
    Last edited: Mar 25, 2021
  7. Don379

    Don379 Heavy Load Member

    714
    1,286
    Jan 7, 2021
    0
    Your friend will be ok if he follows the rules. Old man Clifton cut a corner and bit himself in the arse
     
    slow.rider Thanks this.
  8. TheLoadOut

    TheLoadOut Road Train Member

    2,151
    10,104
    Nov 6, 2019
    0
    So when all was said and done, and the lawyers were all high fiving themselves about the fine job they had done, and went out and celebrated with steak dinners and some drinks, I bet it never crossed their minds about the people who were now out of a job, a business now extinct, folks just trying to make it through the daily grind. Sure, apparently it was wrong for them to ask another carrier to pick up the load for them, but to me that's nowhere near as negligent as the driver of the truck that crashed. So I guess what it comes down to is this...if they had never called that other carrier that truck would have never been in that place at that time to cause the crash. So if someone gets a load from a broker and causes a wreck well that truck would have never been there if they hadn't taken that load so let's sue the broker too, after all, he gave the truck the load. Where does it end? And yet I see idiots everyday doing things that make me cringe out here, apparently never even thinking about the consequences.
     
  9. black_dog106

    black_dog106 Road Train Member

    1,786
    1,666
    Mar 29, 2009
    MA
    0
    Several years ago there was a tragic incident involving a firearm. Few guys f'n around having a few beers. Playing around, handling a gun, the gun went off resulting in a death. Think the absolute worst scenario you can think of and multiply it X5.
    Dont blame the guy in possession of the gun when it went off. Don't blame the guys drinking, screwing around with a loaded gun.
    Nope, sue the selling gun dealer and the firearms manufacturer.
    Make all the excuses you can an, I will never understand the responsibility and logic.
    Unfortunately this is a true story, happened in my small hometown.
     
    Last edited: Mar 25, 2021
  10. Don379

    Don379 Heavy Load Member

    714
    1,286
    Jan 7, 2021
    0
    nobody will disagree with you. This world is a s...t show. I cant see this world being here in 100 years from now. Thats being generous too
     
  11. Snailexpress

    Snailexpress Road Train Member

    2,675
    6,068
    Apr 28, 2014
    Rocky
    0
    It's simple. Follow the money. Guys don't have enough money to be interesting for justice. Gun manufacturer does have.
    Keep in mind prosecutor, judge, lawyer are in same boat. Steeper verdict will give more money to lawyer and court. Lawyer then will take long time collage mate now judge or prosecutor to better golf course or vacation. Or help guys to get partnership in lawyer firm after judge or prosecutor done with election therm or fired.
     
  • Truckers Report Jobs

    Trucking Jobs in 30 seconds

    Every month 400 people find a job with the help of TruckersReport.