A new tort is born: legally parked CMV liability

Discussion in 'Experienced Truckers' Advice' started by walstib, Apr 27, 2011.

  1. Time

    Time Light Load Member

    75
    74
    Jan 17, 2011
    Vancouver, WA
    0
    That was Safeway's appeal. They can appeal higher but there is such a thing as throwing good money after bad.

    My take is that the Safeway driver successfully blocked sight-lines 41 out of 41 times and only had to pay for it once. I learn from stories like this. It can happen to me and I need to take these things into consideration when I park my truck.

    This is my favorite parking story:

    http://www.leagle.com/xmlResult.asp...1828.xml&docbase=CSLWAR2-1986-2006&SizeDisp=7

    You won't be surprised by the things USA Truck did but you may be by how the driver reacted to the situation and I don't mean the breakdown.

    It's a tragic story about a young kid who, on the face of it, was entirely at fault in his own untimely demise. The original court pretty much saw it that way and let USAT and it's driver off easy at $125,000, plus their costs. USAT wasn't happy with that, so USAT appealed and now they are really unhappy.

    It's a little long but, as far as court proceedings go, it's an easy read.


    Thanks to the OP for the OP.
     
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  3. Boardhauler

    Boardhauler Road Train Member

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    3,681
    Dec 21, 2008
    Ballin' in it for Shakey
    0
    Just out of curiosity -

    Can anyone here tell me a place to park on 101 between Gilroy and Coos Bay?

    If this guy wasn't supposed to park where he did, where should he have parked?
     
  4. JimDucan

    JimDucan Medium Load Member

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    Mar 31, 2010
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    Truck stop down by Fortuna, if it's still open.
     
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