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Who should be sued - 10/19/2016 4:44:34 AM   
KenDckey


Posts: 4121
Joined: 5/31/2006
Status: offline 		Who should be sued?

Scenario: An 18 wheeler hits a bus load of school children. The truck hit the bus at 55 mph (legal speed limit) killing and/or maiming the kids. The driver of the 18 wheeler goes to jail for a long time. The truck company is sued and settles out of court. The families ban together and sue.

The question: Who should be sued? The manufacturer of the 18 wheeler, the dealer which sold the 18 wheeler, Congress for inaction under 29 CFR, NTSB for not enforcing safety standards that would have kept the driver off the road, State and Local Law Enforcement for not pulling the driver over before the incident, or all/any/none of the above?

My 2 cents: None of the above.
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RE: Who should be sued - 10/19/2016 5:15:30 AM   
bounty44


Posts: 6374
Joined: 11/1/2014
Status: offline 		ken if you are talking about an actual incident, it would be helpful if you provided rationale and/or the details in each of your possible contingencies.

presuming their product was safe and not deficient in some meaningful way, why/how is the manufacturer or the dealer liable for what occurs concerning the lawful use of their product?

exactly what safety standards were not being enforced?

what reasons existed such that state and local law enforcement should have pulled the guy over?


(in reply to KenDckey)
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RE: Who should be sued - 10/19/2016 6:51:16 AM   
KenDckey


Posts: 4121
Joined: 5/31/2006
Status: offline 		It is a hypothetical. I was just wondering considering it appears that everything (an overexagefration I know) is someone elses fault. Was wondering what the forum would say since I couldn't make up my mind.

(in reply to bounty44)
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RE: Who should be sued - 10/19/2016 9:29:03 AM   
Real0ne


Posts: 21189
Joined: 10/25/2004
Status: offline 		well its useless unless you explain the cause and circumstances of the accident

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RE: Who should be sued - 10/19/2016 9:51:01 AM   
stef


Posts: 10215
Joined: 1/26/2004
Status: offline 		You, for starting yet another pointless thread.

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RE: Who should be sued - 10/19/2016 12:05:07 PM   
ThatDizzyChick


Posts: 5490
Status: offline
quote:

ORIGINAL: bounty44

ken if you are talking about an actual incident, it would be helpful if you provided rationale and/or the details in each of your possible contingencies.

presuming their product was safe and not deficient in some meaningful way, why/how is the manufacturer or the dealer liable for what occurs concerning the lawful use of their product?

exactly what safety standards were not being enforced?

what reasons existed such that state and local law enforcement should have pulled the guy over?



Yeah, pretty much that

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Not your average bimbo.

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RE: Who should be sued - 10/19/2016 2:10:12 PM   
BamaD


Posts: 20687
Joined: 2/27/2005
Status: offline
quote:

ORIGINAL: KenDckey

It is a hypothetical. I was just wondering considering it appears that everything (an overexagefration I know) is someone elses fault. Was wondering what the forum would say since I couldn't make up my mind.

I would say that most on here would say that the manufacturer and dealer should be sued for creating and distributing something which, if misused could cause such massive damage.

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People don't believe they can defend themselves because they have guns, they have guns because they believe they can defend themselves.

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RE: Who should be sued - 10/19/2016 2:28:33 PM   
MrRodgers


Posts: 10542
Joined: 7/30/2005
Status: offline
quote:

ORIGINAL: KenDckey

Who should be sued?

Scenario: An 18 wheeler hits a bus load of school children. The truck hit the bus at 55 mph (legal speed limit) killing and/or maiming the kids. The driver of the 18 wheeler goes to jail for a long time. The truck company is sued and settles out of court. The families ban together and sue.

The question: Who should be sued? The manufacturer of the 18 wheeler, the dealer which sold the 18 wheeler, Congress for inaction under 29 CFR, NTSB for not enforcing safety standards that would have kept the driver off the road, State and Local Law Enforcement for not pulling the driver over before the incident, or all/any/none of the above?

My 2 cents: None of the above.

Everybody, it's...the American way.

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Under capitalism, man exploits man. Under communism, it's just the opposite.
J K Galbraith

(in reply to KenDckey)
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RE: Who should be sued - 10/19/2016 2:34:17 PM   
BamaD


Posts: 20687
Joined: 2/27/2005
Status: offline
quote:

ORIGINAL: MrRodgers


quote:

ORIGINAL: KenDckey

Who should be sued?

Scenario: An 18 wheeler hits a bus load of school children. The truck hit the bus at 55 mph (legal speed limit) killing and/or maiming the kids. The driver of the 18 wheeler goes to jail for a long time. The truck company is sued and settles out of court. The families ban together and sue.

The question: Who should be sued? The manufacturer of the 18 wheeler, the dealer which sold the 18 wheeler, Congress for inaction under 29 CFR, NTSB for not enforcing safety standards that would have kept the driver off the road, State and Local Law Enforcement for not pulling the driver over before the incident, or all/any/none of the above?

My 2 cents: None of the above.

Everybody, it's...the American way.

My belief is that since the truck driver went to jail he must have done something illegal. Therefore he is the only one liable. Unfortunately, being in prison they won't be able to get anything from him, unless he is covered by the companies insurance. Even that is unlikely because his violating the law no doubt negated the policy in relation to him.

_____________________________

Government ranges from a necessary evil to an intolerable one. Thomas Paine

People don't believe they can defend themselves because they have guns, they have guns because they believe they can defend themselves.

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RE: Who should be sued - 10/19/2016 5:00:47 PM   
PonyGroom


Posts: 150
Joined: 2/26/2006
Status: offline 		I learned a long time ago that in law school they study real cases, not hypothetical cases.

So here is a real case.

A school bus is T-boned by a dump truck. Bus tips over on it's side. Twenty-two high school students are injured and taken to the hospital. The driver had a valid CDL. He was driving a company owned truck.

There were multiple lawsuits.

Who was sued?

I lived through this. I spoke with attorneys handling cases.

I'll allow some time for responses and then let you all know what actually happened.

I bet nobody gets the right answers!

(in reply to BamaD)
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RE: Who should be sued - 10/19/2016 5:07:02 PM   
Dvr22999874


Posts: 2849
Joined: 9/11/2008
Status: offline 		Maybe the company for allowing an unsafe truck on the road ?

(in reply to PonyGroom)
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RE: Who should be sued - 10/19/2016 5:12:05 PM   
Dvr22999874


Posts: 2849
Joined: 9/11/2008
Status: offline 		Or maybe the students for leaving the scene of an accident *smile*

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RE: Who should be sued - 10/19/2016 5:16:28 PM   
Wayward5oul


Posts: 3314
Joined: 11/9/2014
Status: offline
quote:

ORIGINAL: PonyGroom

I learned a long time ago that in law school they study real cases, not hypothetical cases.

So here is a real case.

A school bus is T-boned by a dump truck. Bus tips over on it's side. Twenty-two high school students are injured and taken to the hospital. The driver had a valid CDL. He was driving a company owned truck.

There were multiple lawsuits.

Who was sued?

I lived through this. I spoke with attorneys handling cases.

I'll allow some time for responses and then let you all know what actually happened.

I bet nobody gets the right answers!

The school or school bus manufacturer for not providing seat belts on the buses?

(in reply to PonyGroom)
Profile   Post #: 13
RE: Who should be sued - 10/19/2016 5:25:30 PM   
Aylee


Posts: 24103
Joined: 10/14/2007
Status: offline
quote:

ORIGINAL: KenDckey

Who should be sued?

Scenario: An 18 wheeler hits a bus load of school children. The truck hit the bus at 55 mph (legal speed limit) killing and/or maiming the kids. The driver of the 18 wheeler goes to jail for a long time. The truck company is sued and settles out of court. The families ban together and sue.

The question: Who should be sued? The manufacturer of the 18 wheeler, the dealer which sold the 18 wheeler, Congress for inaction under 29 CFR, NTSB for not enforcing safety standards that would have kept the driver off the road, State and Local Law Enforcement for not pulling the driver over before the incident, or all/any/none of the above?

My 2 cents: None of the above.


The driver went to jail so some sort of infraction occurred on his part. I believe that their would be a maximum payout from his insurance. So his insurance is going to say, "go pound sand."

SCOTUS has ruled that law enforcement is not obligated to prevent or stop crime. Law enforcement will say, "go pound sand."

If their was a safety issue then the driver would not have gone to jail. So "go pound sand" from the manufacture, dealer, Congress, NTSB.

That leaves the driver liable under civil law. Good luck with that as he likely has no resources left after his criminal trial.

My guess is that the parents would sure the school district.

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(in reply to KenDckey)
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RE: Who should be sued - 10/19/2016 7:04:41 PM   
BamaD


Posts: 20687
Joined: 2/27/2005
Status: offline
quote:

ORIGINAL: PonyGroom

I learned a long time ago that in law school they study real cases, not hypothetical cases.

So here is a real case.

A school bus is T-boned by a dump truck. Bus tips over on it's side. Twenty-two high school students are injured and taken to the hospital. The driver had a valid CDL. He was driving a company owned truck.

There were multiple lawsuits.

Who was sued?

I lived through this. I spoke with attorneys handling cases.

I'll allow some time for responses and then let you all know what actually happened.

I bet nobody gets the right answers!

To view on an actual case we would need all the details of the case.
You can do that without telling us who was sued.

_____________________________

Government ranges from a necessary evil to an intolerable one. Thomas Paine

People don't believe they can defend themselves because they have guns, they have guns because they believe they can defend themselves.

(in reply to PonyGroom)
Profile   Post #: 15
RE: Who should be sued - 10/20/2016 11:46:32 AM   
Termyn8or


Posts: 18681
Joined: 11/12/2005
Status: offline 		FR

This is way too vague. Did the brakes fail ? You know that can fall on the driver if he has a CDL. Was he drunk ? Why did he go to jail ?

Was the road a sheet of ice, like in 1989 when I had my last car wreck ? If he went to jail for having THC in his system that ain't right because in no way does it prove he was high. Plus nobody wants to drive a truck with a pot buzz on anyway, they want to smoke when they are done for the day. I have known enough truck drivers, when you are in that truck you are working, there is no sense in catching a buzz.

Anyway, without more info from the OP it is hard to say, but for a few things. First of all, big trucks operate under what is called "authority" which is almost always associated with a company. As such, the driver was an employee of that company, even if he was an owner/operator. As such, their insurance has to cover him so you sue the company.

If he was doing something illegal and unauthorized by the company they are still liable because he was acting in their employ. That is how tort law works here. Even a pizza delivery guy can get the pizza shop sued. That is how it is. When you get to this scale with the CDL and all that then the company is even more neck deep into it.

So, at first look, the company gets sued. And really, you could probably just call any lawyer in the phone book and that is the answer they will give.

T^T

(in reply to BamaD)
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RE: Who should be sued - 10/20/2016 11:59:03 AM   
thompsonx


Posts: 23322
Joined: 10/1/2006
Status: offline
ORIGINAL: Termyn8or

FR
If he went to jail for having THC in his system that ain't right because in no way does it prove he was high. Plus nobody wants to drive a truck with a pot buzz on anyway, they want to smoke when they are done for the day. I have known enough truck drivers, when you are in that truck you are working, there is no sense in catching a buzz.

If they drug tested atthe scale they would need a much bigger parking lot. Not for pot but for speed.

(in reply to Termyn8or)
Profile   Post #: 17
RE: Who should be sued - 10/20/2016 12:49:09 PM   
Termyn8or


Posts: 18681
Joined: 11/12/2005
Status: offline 		Yeah well if the trend continues there will be no need for speed. You drive ? you get a trucker's GPS, a voice tells you if you arte over the speed limit, and when to shut down because you can only drive 10 out of 24. More and more companies are going to mandatory logs based on these units, which might save the drivers some paperwork but will not allow them to cheat at all.

Big brother.

How long has it been since you drove a rig ? It has gotten really shitty. the money is not bad but more ad more people are finding it ain't worth the hassle. My buddy got sick of it, but he has alot of skills. for one he can weld really well, he can troubleshoot and repair engines, transmissions, he can lay brick. Now he has kidney problems and can't pass the physical but he cares not because there are so many other things he can do. Bottom line is that eventually we are going to be left with truck drivers who are truck drivers because they are too stupid to do anything else. Is that what we want ?

T^T

(in reply to thompsonx)
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RE: Who should be sued - 10/20/2016 1:22:07 PM   
thompsonx


Posts: 23322
Joined: 10/1/2006
Status: offline
ORIGINAL: Termyn8or

Yeah well if the trend continues there will be no need for speed. You drive ? you get a trucker's GPS, a voice tells you if you arte over the speed limit, and when to shut down because you can only drive 10 out of 24. More and more companies are going to mandatory logs based on these units, which might save the drivers some paperwork but will not allow them to cheat at all.

I think itis great.

Big brother.

If you were the owner of the company would you want someone driving 20 out of 24 on speed?


How long has it been since you drove a rig ?


Professionally???more than 40 years ago. For myself, just yesterday. I have an old two axle corn binder with a 220 cummins with a huffer. I use it to haul water and move stuff around my place.

It has gotten really shitty. the money is not bad but more ad more people are finding it ain't worth the hassle.

The money has never been "good" but it is pretty easy work. All you have to do is keep it in between the mirrors with the shinny side up and never eat at any place that advertises "home cookin' "

Bottom line is that eventually we are going to be left with truck drivers who are truck drivers because they are too stupid to do anything else. Is that what we want ?

Most of those who are just holding the seat down fell off the loading dock and they need to get out of the cab and go stand on the dock with the rest of the lumps.
Leave the driving to those who enjoy the view from the big window.

(in reply to Termyn8or)
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RE: Who should be sued - 10/20/2016 2:03:27 PM   
WickedsDesire


Posts: 9362
Joined: 11/4/2015
Status: offline 		Thrashes Op with a kitchen sink...yes I kept my eye on this one....do a better thread..it does not deserve a comment and the ones above me tried.

(in reply to thompsonx)
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