Case Synopsis:
A Jeep traveling west on the Pennsylvania Turnpike spun out of control, after trying to avoid debris that had fallen onto the highway, after a heavy rain storm. He came to rest in the passing lane facing east with its lights on. The first tractor-trailer steered around the debris, which was blocking the right lane of travel, and avoided striking the disabled Jeep. The tractor-trailer then pulled his commerical motor vehicle ( CMV ) to the shoulder of the roadway and activated his emergency signals. A second tractor-trailer, traveling at a high rate of speed, avoided the debris but failed to see the Jeep and impact occurred causing sever bodily injury to the occupants of the jeep. Atmosphere conditions at the time of the accident indicated that it was dark (nighttime) and that the roadway was wet.
Expert Analysis:
After review of the driver qualification file and log book entries, it was discovered that the trucking company failed to perform proper background investigations and administer the driver road test by a component person, failed to audit log book entries and permitted the driver to make false entries on his record of duty status as required by 49-Code FMCSR (Federal Motor Carrier Safety Regulations).
Result:
The case was settled in favor of the plaintiff.
Ronald E. Tomasetti, CDS
DJS Associates, Inc.-
http://www.forensicdjs.com
Trucking/ Tractor Trailer
1603 Old York Road,
Abington, PA 19001
Phone : 215-659-2010
Toll Free: 800-332-6273
Fax: 215-659-7156
experts@forensicdjs.com
