Everything is bigger in Texas

May 22, 2023 at 04:02 PM CST + 4 - 1
Posted by a private FlatLoads.com member.	Posted by a private FlatLoads.com member. https://www.freightwaves.com/news/texas-appeals-court-upholds-100m-judgment-against-werner/amp For starters, the amount of this judgement is ridiculous! That being said, there are some that are taking the low ball rates offered these days need this reminder of the liability we have out there. Now for the heated debate: According to that article, I don't see how Werner was at fault. We all started out wet behind the ears. Their driver had training. How many of us learned by on the job training? Yes, maybe the driver was going too fast for conditions. But how many other drivers weren't driving for the conditions. It's Texas. How is this case changing your safety protocol, your business practices, your thinking of the overall industry?

Replied on Tue, May 23, 2023 at 08:13 AM CST
Posted by a private FlatLoads.com member.	Posted by a private FlatLoads.com member. I get it, his supervisor is pushing him to get this delivered, it is in bad weather and he doesn't have a ton of relevent experience. "Section 2.6.2 in Texas’ CDL manual instructs drivers to reduce their speed to a crawl when they encounter icy roads. A “crawl” in the trucking industry means between 10 and 15 miles per hour." This seems to be the part hurting them the most, as he was traveling at 43 mph at the time of impact. Unfortunate for the driver as typically this would be 100% on the other driver. I have a mixed opinion on this judgement. While it may be excessive in terms of damages, especially since the driver is personally responsible for $13 million alone, I hope that this will force carriers to take a hard look at whom they let drive their loads. As a broker, I do my dilligence in specifically asking my drivers if they have relevent experience for the loads I am running with them. In cases where there is heavy icing on the roadways, I do mention it while booking those loads. I love working with "old-school" drivers for most of my loads because of their experience dealing with unexpected or dangerous conditions.

Replied on Tue, May 23, 2023 at 08:13 AM CST

Posted by a private FlatLoads.com member.

I get it, his supervisor is pushing him to get this delivered, it is in bad weather and he doesn't have a ton of relevent experience.

"Section 2.6.2 in Texas’ CDL manual instructs drivers to reduce their speed to a crawl when they encounter icy roads. A “crawl” in the trucking industry means between 10 and 15 miles per hour."

This seems to be the part hurting them the most, as he was traveling at 43 mph at the time of impact. Unfortunate for the driver as typically this would be 100% on the other driver.

I have a mixed opinion on this judgement. While it may be excessive in terms of damages, especially since the driver is personally responsible for $13 million alone, I hope that this will force carriers to take a hard look at whom they let drive their loads.

As a broker, I do my dilligence in specifically asking my drivers if they have relevent experience for the loads I am running with them. In cases where there is heavy icing on the roadways, I do mention it while booking those loads. I love working with "old-school" drivers for most of my loads because of their experience dealing with unexpected or dangerous conditions.

Replied on Tue, May 23, 2023 at 10:42 AM CST + 1 - 1
Posted by a private FlatLoads.com member.	Posted by a private FlatLoads.com member. My first thought would be you get what you pay for, how many years has this been happening? And nothing changes, maybe the punishment isn’t severe enough? Maybe it’s time to throw the CEO’s in jail? Oh but wait we can’t do that, because it would set a precedent that could be used against other CEO’s in other industries, and in this country management is considered untouchable, otherwise the money stops flowing to Washington. Did I miss anything?

Replied on Tue, May 23, 2023 at 10:42 AM CST

+ 1 - 1

Posted by a private FlatLoads.com member.

My first thought would be you get what you pay for, how many years has this been happening? And nothing changes, maybe the punishment isn’t severe enough? Maybe it’s time to throw the CEO’s in jail? Oh but wait we can’t do that, because it would set a precedent that could be used against other CEO’s in other industries, and in this country management is considered untouchable, otherwise the money stops flowing to Washington. Did I miss anything?

Replied on Tue, May 23, 2023 at 12:21 PM CST
Posted by a private FlatLoads.com member.	Posted by a private FlatLoads.com member. Very well said Dave You hit it on the head

Replied on Tue, May 23, 2023 at 12:22 PM CST
Posted by a private FlatLoads.com member.	Posted by a private FlatLoads.com member. Quote: "My first thought would be you get what you pay for, how many years has this been happening? And nothing changes, maybe the punishment isn’t severe enough? Maybe it’s time to throw the CEO’s in jail? Oh but wait we can’t do that, because it would set a precedent that could be used against other CEO’s in other industries, and in this country management is considered untouchable, otherwise the money stops flowing to Washington. Did I miss anything?" I don't think you missed anything. 'Round and 'round it goes, where it stops... People with the experience and know-how have left.

Replied on Tue, May 23, 2023 at 12:22 PM CST

Posted by a private FlatLoads.com member.

Quote: "My first thought would be you get what you pay for, how many years has this been happening? And nothing changes, maybe the punishment isn’t severe enough? Maybe it’s time to throw the CEO’s in jail? Oh but wait we can’t do that, because it would set a precedent that could be used against other CEO’s in other industries, and in this country management is considered untouchable, otherwise the money stops flowing to Washington. Did I miss anything?"

I don't think you missed anything. 'Round and 'round it goes, where it stops... People with the experience and know-how have left.

Everything is bigger in Texas

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