Carriers not fully liable for repairs by third parties, Florida court rules

Discussion in 'Trucking Accidents' started by Chinatown, Dec 6, 2019.

  1. lovesthedrive

    lovesthedrive Is here to help

    Wondering if she still feels disabled after finding out she will only get $115,000.
     
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  2. p608

    p608 Road Train Member

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    She had a bad lawyer, TA should be on the hook for the whole bill
     
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  3. pavrom

    pavrom Heavy Load Member

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    She will never get probably even 20k ...attorney fees + taxes will eat it
     
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  4. Bud A.

    Bud A. Heavy Load Member

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    She'll probably get either 50% or 60%, so $57,500 to $69,000. Standard fee schedule is 33% for a trial verdict, 40% if it's appealed, 50% if the appeal goes more than one round. There are no taxes on judgments for personal injury in civil suits, unless there was a tax credit in an earlier year for medical expenses related to the injury.
     
  5. x1Heavy

    x1Heavy Road Train Member

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    In our state consitution, 33% of all awards of that nature is fees only. Everything else 66% goes to winner. In this case the woman. SO 115,000 dollars call it 40000 to lawyers (KACHINK!) and she gets the rest.

    I do not understand the logic here, if a tractor trailer is broken under the DVIR, and repaired satisfactoraly and counter signed to DVIR as defect fixed then alls well.

    The Company and Mechanic is responsible for badly done work that leads to other problems like the bearings failure. Which was kind of predictable if you thought it through.

    It goes back to pretripping, if you find a defect, repair same and mechanic signs the DVIR that the defect is repaired to DOT standard (OEM, etc) there should not be any issue.

    I still believe that the trucking company will have to pay something 115,000 is just too low. And then implement a fleet wide blitz internally to hunt other trailers and tractors with potentially similar problems.
     
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  6. p608

    p608 Road Train Member

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    How do you pretrip an improperly installed wheel bearing without disassembly?
     
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  7. x1Heavy

    x1Heavy Road Train Member

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    Before I lost my drive axle wheel bearings my tractor pulled 200 more RPM to maintain the same speed, working too hard all of a sudden.

    Stand at the dual drive tires looking inwards. Bend over until you are looking vertical straight down with a imaginary yardstick against the wheel inside. You want the bearings, brake pads and so forth to be inside their space. Not crumbling and spitting rollers, smashed races and cages onto the ground below. When the bearing fails completely at the drive axle. The entire axle assembly, wheel and both tires will come straight out on your next turn. Then block oncoming traffic if it was a two lane road. You will not be able to move any further once about 3 feet of axle comes out of the axle housing.

    Trailer tires and wheels do not have axles for the most part more or less. They will come right off. But give you plenty of warning if you are a attentive soul who loves on your truck looking for any sign of problems.
     
  8. p608

    p608 Road Train Member

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    That's after it fails, how do you pretrip it before it fails?
     
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