Man is Killed in Accident With Negligent Truck Driver

Case Overview

This case takes place in Mississippi and involves a man who died in a motor vehicle accident. The trucker made an illegal u-turn at the time of the accident, which caused hit truck to collide with that of the plaintiff head-on. The trucker in question has numerous violations on driving record, including driving the wrong direction on a one-way road and other unsafe driving violations. The company employing the trucker has been recognized as one of the most blemished trucking companies in the country – with dozens of incidents of unsafe driving concerns, poor enforcement of safety guidelines and protocol, and limited screening methods for ensuring all drivers operate safely.

Questions to the Occupational Health and Safety expert and their responses

Can you please describe your experience, if any, in ownership/operation/safety standards for a trucking or logistics company?

I'm certified as an expert in Federal Motor Carrier Safety Regulations, Industries Standards and Practices, Federally Certified CMV Inspector and Safety Training. I've successfully passed more than 8 Daubert Challenges both in federal and state courts. I've spent 17 years enforcing the FMCSR in Law Enforcement. I've inspected more than 2500 CMV's, investigated more than 300 accidents and have been involved in more than $400 million in litigation.

What steps must be taken to adequately monitor overall company safety metrics?

Initial thoughts are certainly an issue with the truck driver failing to yield the right of way, failing to operate a CMV in a safe manner and there may be issues with the driver being qualified to operate a CMV. It sounds as though the motor carrier may have issues with properly qualifying trucks and drivers, failed safety training practices and failing to operate in commerce safely as well as having an effective safety management systems as required by the Federal Motor Carrier Safety Administration (FMCSA).

Does the organization have a responsibility to ensure that drivers maintain a safe operating record - and constantly monitor these metrics?

Have you ever served as an expert witness on a case involving similar issues? Please explain.

I've successfully passed more than 8 Daubert Challenges both in federal and state courts.

About the expert

This expert has worked in the trucking industry for the past 20 years. During this time, he amassed experience in transportation safety and went on to start his own safety firm. As the president of this firm, this highly qualified expert, investigates commercial vehicle accidents and provides research and reports regarding vehicle safety.