Originally published at: Werner triumphs at Texas Supreme Court in nine-figure nuclear verdict case - FreightWaves
After losing at a Texas lower court level and then on appeal, Werner successfully reversed a nuclear verdict from 2018.
My concern is that the trainer was in the sleeper berth,he should have been in the passenger seat with his seat belt on. In my opinion, he was asleep with a trainee at the wheel,this alone is negligent. However, as sad as it may be,the plaintiff should have been driving at a responsible speed due to the inclimate weather.
Agreed, finish training is extremely important to the Industry , its a huge responsibility for all truck operators, to follow the rules. Regulations are in place but need to be followed, even if no one is watching. However nuclear verdicts need to be eliminated, some regulation is desperately needed on this issue. This crash was tragic, Awfull, and yes an accident, niether side wanted this to occur. But insurance and Attorneys should be held to a legal level of compensation, as long as Attorneys have the idea that all trucking companies are loaded with money, or bad drivers, the nuclear verdicts will continue. Its true as an industry we need to do better with training,…alot better… trucking is a specialized occupation, and should be treated as such. Pilots ,Doctors, and many more occpations train ,train,train. Then train some more. Just one opinion.
The regulations used to say the trainer had to be
In the passenger seat the time was moving
While driver was in training, Trainer was at fault
As was Werner if dispatch had been watching his screen and seeing how slow truck was moving should’ve contacted the trainer and found out why and taken corrected measures
Trainer had no business sitting in sleeper, Period, I don’t care for nuclear verdicts, been OTR driver since 1972 seen every change but
COMPANY WAS AT FAULT HE WAS WHERE HE
WASNT SUPPOSED TO BE , IN THOSE CIRCUMSTANCES, SUPPOSEDLY TWO INDIVIDUALS SUPPOSED TO BE PROFESSIONAL
THEY GET PAID Be AWARE OF THIER SURROUNDING AT ALL TIMES AND KNOW HOW
AND WHAT TO DO IF VEHICLE IS COMING TO WARDS YOU
Can’t help but think of nuclear verdicts vs Daimler (160M$) and Wabash ($100M or so). Wouldn’t; these also qualify for being tossed out? I’m glad this Werner verdict was finally overturned; due to substantial causation was not via Werner. But isn’t this same for , say, the Daimler nuclear verdict? The main cause of injury was not Daimler’s lack of safety options; but rather another motorist causing the 18 wheeler to roll over? As TX Supreme Court said; we can’t have infinite list of targets to blame when accidents happen. If Daimler, and Wabash met the gov’t safety standards at time these vehicles were made; they should never be able to be held liable when accident. It would be infinite list and cost of “safety improvements” if these nuclear verdicts go unchecked.