Texas Appeals Court Upholds $100 Million Judgement Against Werner

so this lawsuit is basically saying if you drive in bad weather and a 4wheeler hits you, you're at fault, since you shouldn't have been on the road. ####ing ridiculous. if it was raining hard and some dumb 4wheeler rams into me, would I also be at fault since I didn't shut down due to heavy rain? I mean according to the logic of this case I would be found at fault.

 

That’s exactly what they are sayin, also saying if your in a car and your job is less important than mine and I crash my car across the divider into your lane and HIT You your still at fault. Because your use of the road is not as important as mine! This case if left standing will create a nightmare for everyone driving!

I urge anyone with good communication skills to contact thier governors, representatives and senators and demand legislation that will prevent these asinine law suits for good.

I asked at least 40 people (not truck drivers) what they thought about this case. Not one person felt it was correct, fair, or even remotely possible. In fact I had to convince most of them that I was referring to a real case and actually had to bring it up on my screen to get some of them to even believe I wasn’t screwing with them. This leaves me to wonder how they find people so stupid to sit on a jury or a judge that would side with the plantif.

 

In my mind Werner owes nothing but unfortunately the jury, made up of our "peers" (huh) sees differently. So how about this for some fairness if they feel Werner should pay for the other parties costly mistake.

You take their last W-2 and their age, estimated lifespan and cost of living increases, raises along the way, and come up with a number that that person would have brought into the home, what they would have earned over their normal lifespan in whatever field they were in at the time. If they want to attach a monetary value to such an incident it should not be a life changing lottery winning ticket.

Somewhere right now Billy Bob & Ellie May are pouring cement into their quarter fenders and door frames, having their air bags checked, and just waiting for the perfect moment to cross the median and hope that when they open their eyes after impact, IF they open their eyes, all they see are $$$$$$$$$.

 

I doubt that any of the jury members were truck drivers, or non-driving employees of a motor carrier.

 

Were i Werner, i would keep up the appeals all the way to the US Supreme Court. Surely cooler heads would see the light.

 

If I remember correctly there was more circumstances going on leading up to this crash. I know at that time my stance was 70% Werner, 30% 4 wheeler. As soon as I find the trial transcript and read it, I'll have more to say.

 

Please post the link so that I can read it too.

With that said, I still believe that the four wheeler driver is 100% at fault because his failure to control his vehicle is the root cause of the crash. If he had maintained control of his vehicle, this crash could not have happened regardless of the Werner truck's presence.

 

Honestly I had forgotten about looking that up. Thanks for reminding me. One of the things I do remember is there was a trainer in the truck, and the trainer was sleeping.

 

Here is the case number for the appellate case mentioned here. Case No. 14-18-00967-CV. There were 2 dissenting opinions on this also.

 

This was an en banc hearing. Let's hope they appeal to a full panel and that the full panel acts more reasonably.

edit: I had it backwards, en banc is indeed a full panel not a smaller panel.