FMCSA hypocrisy

Trucking companies have deep pockets, it about the money not the facts. Where the trainer was had little or nothing to do with the accident. If I'm training a driver and they are licensed (not just a permit holder), there is a state somewhere that has already authorized that driver to operate the truck. Training a permit holder is a entirely different thing than training a licensed driver.
But I would agree to an extent that in bad weather the trainer probably should have been shotgun. He may have seen her coming sooner, and that may or may not have changed the outcome. Look you can Mopnday morning quaterback a situation you were not part of for ever, would have, could have should have, true is you don't know what happened or what you would have done unless you wee there.

 

One doesn’t need to play Monday morning quarterback. The relevant facts clearly show that the Werner driver ignored the regulations to get off the road.
Clearly shows he was speeding in violation of the law.
The testimony from the multiple State Troopers clearly shows who’s at fault. So yeah, had the Werner driver gotten off the road like required to the tragedy wouldn’t have happened.

I posted a link with all the relevant facts of the appeal, it’s quite clear who ignored the regulations. It’s quite clear that the Werner driver was a bottom of the barrel driver who should have been instructed by sleepy guy to get off the road.

 

I get it, but you know it isn't just immigrants that they've allowed to flood the industry, it's pretty much anyone who wants a CDL. It's too easy to get a license and it's too easy for any driver to become an owner operator. The spot market got flooded big time, but that's with driver shortage narrative. The problem with the narrative is that the measuring stick is large companies. The companies with customer freight are telling the ATA and such, "Hey we need more drivers." When the much larger spot market sector is over crowded. I can somewhat agree with the country getting a little overcrowded, especially all points east of I-35 and south of the Ohio River, perhaps a couple of western spots, Phoenix comes to mind. It's a slippery slope man. I can definitely understand the difficulty of trying to make it when you work for yourself, especially when these rates aren't really there, haven't seemingly been there on a consistent level for some years now. I do believe if powers that be could eliminate thr spot market sector of trucking, ie small fleets and owner ops, they would.

 

My family and I have never technscally been part of the trucking industry. We’ve just had a lifestyle that uses trucks. That is why we are like many others that are considered outlaws. We are safe and legal but we don’t play by the industry rules the other sheep have to play by. We run our stuff the way we want when and where we want. We keep it simple. We’ve been doing this since 1938 and still with many of the same old trucks. My uncle was one of Marvin Rush’s life long friends and bought one of the first Petes he sold taking orders out of the back of his station wagon before he had the dealership here in San Antonio. He always had the inside scoops of what Pete had up there sleeves back then. I had a job in the tire industry for 35 years. 25 of those driving a truck regionally for a company that did not have a truck to move product to and from dealers. I still consider that the tire industry and not the trucking industry. All that said it Still doesn’t mean we don’t pay attention to what is happening in the trucking industry around us tho.

 

OK , I read the accident report, however the car would have came thru the center divider even if Werner was not there. I would agree that it sounds like Werner was traveling too fast for the conditions, but that does not change the fact that she hit him, he did not cross the center island and hit her.
I don't see that the fact that Werner was there or the fact that he was a trainee to be the issue. The issue is hes guilty because of deep pockets of Werner.
Heartland Express was a hard set policy of driving in conditions that are described, but I have driven thru freezing rain as well as every other driver I know of, Part of the job. The trainer should definately not been in the sleeper in bad weather conditions, but even that does not keep her from crossing the center island and hitting any number of things or vechicles comming at her.
I thnk the verdict in this case was wrong twice.

 

And multiple State Troopers testified that he did and was not supposed to be out there.

Read the transcript of the appeal..specifically the “relevant facts” there’s a few pages of them..

I don’t know what else to say,.

 

Difference of opinion, she would have hit something either way, does not excuse him, just saying if not him then something else, she was after all on the wrong side of the road way.