Commercial Trucking Expert Advises On Night Time Collision

Michael Morgenstern

Written by
— Updated on September 29, 2017

dump truckThis case takes place in Missouri and involves serious injuries following a trucking accident. The plaintiff was driving to work at 5:30 AM in January. It was pitch dark. At some point he rear-ended a dump truck that was spreading salt in the road. There were no flashing lights or any other warnings and nothing to indicate in line of sight that the truck was there salting the road. The truck was contracted by the municipality, which stipulated that the truck be equipped with flashing lights.

Question(s) For Expert Witness

  • 1. Please discuss your background in commercial trucking as it relates to public services (like salting roads).
  • 2. What could have been done to avoid the accident?

Expert Witness Response E-007551

Approximately 30-years-ago I operated a tow truck on the NY State Thruway. Whenever you went on any call your emergency strobe lights were to be activated. Approximately six years after this, I plowed snow for a company that had a snow removal contract with the city of Albany, NY. We were required to have our emergency lighting on at all times. Also, while I was employed in the construction field I plowed snow in shopping mall parking lots where emergency lighting was required to be on at all times the vehicle was being utilized. I have also operated tractor trailers for about 5 years. When operating at speeds below the posted speed limits you always engaged your emergency flashers. During a reduced visibility situation where a truck is being operated at below a posted speed limit it is imperative that the truck or equipment operate with emergency lighting at all times. I worked for the US DOT as a federal agent and prepared dissertations on various cases that I was involved with, none that ever went to trial. I have been involved in trucking, construction, and DOT compliance for over 35 years.

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