Ronald E. Tomasetti, CDS
Case Synopsis:
While operating a CMV (Commercial Motor Vehicle), the driver entered a steep grade (18%) as he descended down the hill and his brakes failed. The driver of the tractor-trailer tried to slow the vehicle by riding the guiderail. However, the driver lost control when the right front steering tire caught one of the metal posts supporting the guiderail. The tractor-trailer then crossed over into oncoming traffic, striking several vehicles before it came to rest against a bridge support. As a result of the tractor-trailer striking several vehicles, numerous injuries occurred, as well as two deaths.
Expert Analysis:
After reviewing the vehicle maintenance records, driver vehicle inspection report, and deposition transcripts of the driver and maintenance manager, it was discovered that the driver failed to perform a proper pre-trip inspection (didn't check his brakes or do an "Air Leak Test" as required by FMCSA (392.7, 396.11, and 396.13), and the maintenance department had an "UNQUALIFIED" (FMCSA 396.25) mechanic perform the brake repairs the evening before the truck was dispatched.
Results:
The case settled with a substantial settlement against the trucking company and its driver.
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Posted byDJS Associates, Inc.
Trucking/ Tractor-Trailer
