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- Thomas Jordan
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1
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5 Case 1
6 2017; tandem truck carrying 1,000 gallons herbicide/fertilizer; brake failure
7 Decision Time Go Right or Left?
8 Right It Is!
9 If you were a lawyer for the driver, what questions would ask?
10 Case 2
11 W S N E
12 W S 0.5 seconds to impact N Fuel truck E
13 Driver dies at hospital from massive head and closed chest injuries. No indications of alcohol or controlled substances present and there were no known major health conditions or other physiological factors.
14 Driver said, It felt like the front of the truck had been lifted up, then the steering was gone. He stood on the brakes as hard as he could, closed his eyes and hung on to the steering wheel until his truck came to a stop. When he opened his eyes, he was on the berm of the south side of the road facing the ditch.
15 Driver transported by Sheriff s Deputy to hospital for alcohol and controlled substance testing. Tests for meth, marijuana, opiates, and barbiturates were negative. Maintenance records, driver qualification file, and delivery records found no violations.
16 Who is at fault?
17 Case 2A
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22 Who Do You Blame for the Accident?
23 Facts of the Accident Driver of car stopped, but did not see truck when pulling out into intersection. Ag truck weighing 54,000 pounds traveling 52 mph. The car when hit was traveling 15 mph. Both driver and passenger was killed.
24 Gross vehicle weight rating at 33,000 pounds. Third party maintenance inspections. Ag truck could not veer to right or left. Impact within 32 feet. Needed 135 feet. Driver passed the alcohol test, but it doesn t appear a drug test given.
25 Case 3
26 E Fuel Truck Heading South N S W Tractor-trailer Grain Truck Heading East 55 mph posted speed
27 2,950 gallons fuel Fuel 24,850 pounds 55 mph Fails to stop Fuel Truck
28 Police Report: Fuel Truck Driver Disregarded a Stop Sign and Failed to Yield the Right of Way Fuel truck driver dies at crash site Grain truck driver dies at crash site
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31 A Multi-million Dollar Lawsuit Was Filed
32 Grain truck No skid marks for fuel truck. Skid indicators identified only 2 of the 10 wheels have functional brakes.
33 Semi tractor-trailer grain driver Class A CDL No indication enrolled in alcohol and controlled substance testing program Coroner confirmed the driver tested + for marijuana (3/4 second to recognize an issue, response time is delayed + 3/4 if on marijuana)
34 Driver of semi vehicle physical evidence left on the road surface may have been an indication of catastrophic failure or a clear indication of the lack of maintenance to the semitractor and semi-trailer. Fuel truck driver had the first responsibility to stop at the intersection. Both drivers should have recognized and reacted to the potential threat of an oncoming vehicle; stopped or slowed sufficiently to avoid an incident. Semi drive s choice of drug tends to slow the reactions of its user. It is subjective as to what extend his actions were affected. The lack of skid marks from the driver of the semi indicated an inability to adequately control the travel of his vehicle. No maintenance files.
35 Did You Change Your Mind As To Who is At Fault?
36 Total Loss - $801, when the operator failed to yield.
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40 Will Insurance Pay for Damages When a Trailer Comes Unhitched?
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45 What happens if an uninsured or underinsured hits my vehicle? Does it cover BOTH truck repairs and medical care for my driver?
46 What Happens When I Loan My Truck Out and There is An Accident?
47 Umbrella Policy Personal vs. Corporation
48 Take Home Messages From These Accidents
49 Notify insurance carrier immediately Call law enforcement after a crash Record on the cell phone camera and take photographs Driver write down notes Take the driver for alcohol and drug test
50 Are you negligent in maintaining equipment
51 Starting Today, You Will Have a Maintenance File for Each Truck and Trailer 3 rd Party Inspections
52 Comply with DOT Regulations to the Best of Your Abilities
53
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55 The Unexpected and Unwanted Call
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57 Do Not Speak With the Plaintiff's Attorney or Insurance Adjuster Know What to Expect Don t sign papers Hiring a Personal Attorney Out-of-Court Settlements Taking the Case to Court Jury Trial vs. Bench Trial Piercing the Corporate Veil Assigning Fault Comparative Fault Appealing Verdicts
58 Complacency Kills Stay Focused on the Road
We Are In Business To.. Earn a living Make a career Protect infrastructure Protect drivers Power communities
We Are In Business To.. Earn a living Make a career Protect infrastructure Protect drivers Power communities We Are In Busienss To.. Make sure employees return safely home to friends and families Everything
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