Top Ten Verdicts Against Trucking !!

The following is the list of recent top ten verdicts involving 18-wheelers.* Obviously, these don't include the cases that settled. Even though the verdicts are high, who knows if the plaintiff's side was demanding much more. Fortunately, only one  of the top ten verdicts occurred in Louisiana.  Two were out of Illinois and two were out of Texas.

 

 

Note: the high verdicts were in SOUTH Louisiana. North Louisiana is still generally conservative. If you need information about the venues, judges or attorneys in North Louisiana, give me a call.

 

 

Now for the recent highest verdicts:

1.            $41,000,000 verdict (May 2010) (Kings County, NY): Insured's utility truck vs. pedestrian crossing outside of crosswalk; single claimant, 52 year old sustained a moderate traumatic brain injury.

 

2.            $40,800,000 settlement (July 2011) (Portage County, OH): Multi-vehicle accident triggered by insured's tractor trailer; multiple claimants, including one fatality, a 12 year old who sustained a severe traumatic brain injury and a 16 year old who sustained severe facial fractures - the three were mother, son and son / brother and brother.

 

3.            $40,175,000 verdict (September 2011) (Cobb County, GA): Insured's tractor trailer vs. pick-up truck; single claimant, 45 year old fatality.

 

4.            $29,100,000 verdict (February 2011) (St. Charles Parish, LA): Insured's pick-up truck vs. tractor trailer; two claimants - one claimant sustained burns to over 40% of his body surface and expired 9 days later with approx. 1 to 2 hours of Conscious pain and suffering, the other claimant sustained only soft tissue Injuries.

 

5.            $27,700,000 verdict (February 2012) (Cook County, IL): Insured's tractor trailer vs. passenger vehicle; single claimant, 50 year old was rendered a quadriplegic and sustained a moderate traumatic brain injury.

 

"It's better to be more interested than interesting"

Do you remember the Billy Crystal segment on SNL years ago as Fernando Lamas: "It's better to rook good than to feel good." Well, that advice may not be the best, but in attempting to better serve a client  "It's better to be more interested than interesting."

 

 

I just returned from another conference in which many of my colleagues and I are vying for the attention of clients and potential clients.  There is always the opportunity to buy a drink, plan an event or go to dinner. I enjoy all of those times, but honestly, I cannot compete with some of "groups." There is always someone who can buy a more expensive dinner, do a bigger event or talk louder.

 

Believe it or not, some lawyers struggle with "ego." Well maybe they don't struggle with it; they fully embrace it! They often like to "blow their own horn" rather than  take an interest in the client. Maybe it works for the moment, but I tend to think about  the "long-term."

 

Scott Dinsmore, contributor to Forbes Magazine, wrote "The Seven Pillars of Connecting With Absolutely Anyone" advising that "interested people" are set apart from all of the others.
 

His finding are simple and just about any lawyer can do them. Dinsmore points out... "I don’t care what your goals, industry or interests are, there’s no getting around it: Personal relationships run the world."

 

If you are a potential client, do you consider you are a friend or a commodity? As a provider of services, do you care more about what you can get or what you can give? The following are some points that Mr. Dinsmore makes that are worthy of  consideration:

1. Be genuine. The only connections that work will be the ones that you truly care about; the world will see through anything short of that. If you don’t have a genuine interest in the person, then stop trying.

2. Provide massive help. Even the most powerful people in the world have something they’d like help with. Too many people never reach out to those above them due to the fear that they wouldn’t be able to offer anything in return. But you have more to offer than you realize. You may write an article about them, share their project with your community, and offer to spread their message through a video interview with them.

Are you getting the point here? It's NOT about you! Give real thought on how you can benefit their goals. If it turns out you can’t be helpful, at least you made an authentic gesture.

3. Pay ridiculous attention. if you don’t pay attention -- genuine attention -- then how can you expect to be of service? Do your research by reading blog posts, books and articles about the connection beforehand. Learn about their backgrounds and passions. Invest genuine time in learning what really matters to them and how you can help.

 

4. Connect with people close to them. You arrive with credibility when referred by a mutual friend to someone you want to meet . Spend more time connecting with your current network of friends and colleagues and see where it leads.

 

Have you ever been to an event, where you are talking to someone and then he  sees someone "more important" and snubs you? That person will never get a recommendation from me. Don't make the same mistake by snubbing someone you think is less important.

5. Persistence wins. The first attempt is just the very beginning. Realize that the first try may get you nowhere, but the fifth or the tenth tries are the ones that start to yield results. An unreturned email or voicemail doesn’t mean they don’t want to connect with you. It’s your job to be persistent! Usually only about 2 percent of the initial contacts ever follow up. Don’t be in a hurry, but don’t be invisible either.

6. Make real friends. Think about how you’ve made the friends you have. That’s all this is. You only make friends with people you genuinely want in your life.

 

I have learned this lesson from Dirk Beckwith from Michigan. Dirk and I met several years ago as we served on an ethics panel at the annual Transportation Lawyers Association. I like Dirk. He is easy to chat with and there is no "hard sale" and he really wants to know how you are doing.  He doesn't over think it. He enjoys getting to know people and spending time with them, even if it's not a client contact.
 

Be human, be helpful and most people will happily be human in return, regardless of who they are.

7. Remain unforgettable. This doesn't mean being an obnoxiously loud, overbearing "know it all." Instead do more memorable things such us send birthday cards. Mail your favorite book with a signed personal note from you on the inside flap. Be genuinely helpful. You’d be surprised how the simplest things actually never get done. Being memorable isn’t as hard as some think!" I recently made a note that one of my clients is particularly interested in the Louisiana Brown Pelican so I am on the lookout for an interesting picture or token. 

 

Also, I try to send tokens of appreciation unique to Louisiana. Many of our clients appreciate the pralines and Community coffee that we send. It's just a way to be different, but all of that is completely for nothing if we don't genuinely care. 

 

 

The world is run by relationships... yes, even today in this highly digital world of Facebook, Linked in and other social media. Take some time to  enjoy asking people questions and getting to know them. You can't do that in digital world like you can over a cup of coffee.

 

I think I get most bothered when I lose a client that I have fostered a friendship, but there are many reasons that this can happen and none of them may be because of a relationship problem. At least I made the effort of developing a relationship and caring about the client's interests than just having a client because of the short-term gain of a few dollars. 

 

 

The lawyer that gets this will certainly have an easier time practicing law... and actually making a good living at it.

Not to mention being happier... relationships make our lives richer!

ATA Joins The Fight Against Sex Trafficking!

10/8/2012
ATA Joins Fight Against 'Sex Trade' Trafficking of Young Girls
By TruckingInfo Staff

LAS VEGAS - The American Trucking Associations says it has joined with Truckers Against Trafficking to alert member executives and drivers about the "sex trade" and train them to help fight against the crime.

"There are over 3.1 million truck drivers who travel over 408 billion miles each year," said ATA Chairman Dan England, chairman of C.R. England Inc., Salt Lake City, during a press conference at ATA's Management Conference and Expo in Las Vegas over the weekend.

"We are asking our motor carriers to include this important information in their training programs and to work with their customers and communities to help combat the problem.

"These professionals are the eyes and ears of the nation's highways, and with knowledge and guidance, they can make a big difference and save lives."

ATA and TAT want drivers to report suspicious activity they may see at truckstops, rest areas and other places along interstate and main highways, said England and others who spoke at the press conference.

They can call a toll-free number or, better yet, punch 911 on their cell phones if they see people apparently in distress and needing immediate help, said Lt. Karen Hughes, who heads a task force of the Las Vegas Metro Police Department.

"It's OK to be wrong" when making a call -- better than not calling and letting a girl remain in bondage, said Paul Enos of the Nevada Trucking Association.

Most victims are young teenage girls, typically 12 to 14 years of age, Hughes said. Often they are runaways from dysfunctional homes who are enticed into the trade, then trapped in it.

They are frequently moved by their handlers - pimps - to keep them from forming relationships with people who might help them.

"One hundred and thirty-one were rescued by our unit in 2011," she said. "That included two boys."

The Department of Justice estimates between 100,000 and 300,000 children are at risk every year to traffickers in the United States and that many children, teens and young women are sold into the sex trade.

"Traffickers are continually moving their victims from place to place, for a variety of reasons, along our nation's highways and roads," said Kendis Paris, national director of Truckers Against Trafficking.

"They 'sell' their victims at truckstops, travel plazas and rest stops, because they're convenient; transient populations frequent them who are less likely to 'rescue' the victims; they have to use them anyway to buy gas and eat; and it's easy money and a good way to break in their victims for other things."

A number of ATA affiliates already work closely with TAT, including state trucking associations in California, Colorado, Idaho, Minnesota, Nevada and Wisconsin, the national group said.

TAT provides a number of resources for the industry, including a wallet card with guidelines and a telephone number to call. They provide a training DVD, webinars and other outreach materials.

The national trafficking hotline number is 1-888-373-7888, or in easier to remember form, 888-3737-888.

TAT is a 501(c)3 organization dedicated to educating, equipping, empowering and mobilizing the trucking industry to fight human trafficking. Its resources include a website, a trucking-industry-specific training DVD, webinars, posters, and speakers/trainers. More information is available at www.truckersagainsttrafficking.com.

HOS Oilfield Exceptions in FMCSR Misguided

As many of you know, the American Trucking Associations (ATA) filed comments with FMCSA regarding its new interpretation of the oilfield exceptions to the hours of service rules. These exceptions allow drivers exclusively servicing oilfields to use a 24-hour restart to their weekly clock and allow drivers hauling specialized equipment to count their waiting time at a well site as being off-duty.

In June, FMCSA published a new interpretation that explicitly prohibited sand and water trucks from using the waiting time exception. FMCSA published the change as guidance, which is not subject to the same public review requirements as a formal regulation. ATA protested this questionable procedural approach and urged the Agency to immediately rescind the new guidance and engage in the rulemaking process to consider such substantive changes.

Louisiana has significant shale operations that could be impacted by this rule change. Ironically, while the underlying premise of the proposed guidance is safety, the net effect of it will be to generate a need for more drivers and equipment which will increase overall accident exposure on highways that were not designed for these types of vehicles nor the increased volume of traffic. Rather than enhancing safety, the proposed guidance could actually adversely affect it.

 

I have personally been involved in wage/hour disputes of oil field workers who claim they are entitled to overtime; however, because they ALSO had commercial driver's licenses and POSSIBLY could drive big-rigs, they were exempt from being overtime. So what happened?

 

They often worked  twelve to eighteen hours per day, six or seven days per week. Then when they had to drive a unit back from the site, they potentially could be fined for driving beyond the hours of service. So we have situation where the FLSA gives an exception to overtime, and FMCSR also gives an exception to oilfield workers from complying with hours of service.

 

This is not acceptable.

 

Historically, employees of public or private motor carriers who are drivers, drivers' helpers, loaders, or mechanics, whose work could arguably affect the safety of operation of motor vehicles in interstate commerce, are not entitled to overtime due to something called the 13(b)(1) or Motor Carrier exemption.

 

 

In 2008, Congress changed the law and severely limited the application of that exemption. Now, it appears that what is critical is to determine whether those employees are or are not entitled to overtime is the type of vehicle they are either driving, loading, or working on. Before this Act, an employer could argue that as long as the employer was a motor carrier, it did not matter whether these types of employees performed work on "motor vehicles" or "commercial motor vehicles." Now, according to this new law, the type of vehicle those particular employees work on is critical and will determine whether or not they will be subject to overtime.

 

 

 

It is clear to me that this change in the law regarding the specific industry of oil & gas will not adequately protect safety when an oil field worker has to work ridiculously long hours without being paid over time AND the company  employer (or driver) are protected from citations of exceeding hours of service.  Once again, a special interest group has caused the Congress not to view the totality of the laws and they are making a bad law.

 

Driving Trucks is One the Most Dangerous Jobs in America; Being a Lawyer is NOT

Because of the volatility, contentiousness and emotional strains involved, divorce lawyers are especially vulnerable to danger. Criminal defense lawyers also admit that dangers come with their territory. In June 2010, the ABAJournal.com  reported a spike in case-related violence across the globe. Belgium, England and China have each recently experienced serious case-related violence directed not only at lawyers but also at judges.

 

So, YES, Lawyers can be the victim of physical violence or threats if a case doesn't go your client's way, but mostly we just suffer from the bad jokes. The jobs that are really dangerous are listed below. Note that truck drivers are listed among the top ten.

10. Taxi Drivers and Chauffeurs

Fatal work injury rate: 19.7

Number of fatal work injuries: 63

Projected job growth (through 2020): 20 percent (faster than average)

Median pay (2010): $22,440 a year ---- $10.79 an hour.

 

Why its dangerous: The sheer number of hours logged by taxi drivers and chauffeurs behind the wheel increases the odds of being in an accident. Additionally, heavy traffic and other difficult situations contribute to high levels of stress that many drivers experience.

9. Electrical Power Line Installers and Repairers

Fatal work injury rate: 20.3

Number of fatal work injuries: 27

Projected job growth: 13 percent (about as fast as average)

Median pay: $54,290 a year --- $26.10 an hour.

 

Why it’s dangerous: Line workers encounter serious hazards on the job, including working with high voltage electricity often at great heights. The work can also be physically demanding.

8. Driver/Sales Workers and Truck Drivers

Fatal work injury rate: 24

Number of fatal work injuries: 759

Projected job growth: 13 percent (about as fast as average)

Median pay: $27,050 a year --- $13 an hour.

 

Why it’s dangerous: Like taxi drivers and chauffeurs, those who drive to make sales and deliveries spend many hours behind the wheel, increasing their odds of being an accident. Further, this can be physically demanding job. When loading and unloading cargo drivers do a lot of lifting, carrying and walking.

 

Every day, truckers face dangers that most people don't even think about.

 

Often, drivers are forced to park in dangerous areas at night. Parked truckers face nightly the possibilities of robbery, murder, and even rape. Many drivers awaken to find that their trucks and trailers have been tampered with and goods which the driver is responsible for have been damaged or stolen. Truckers are very often solicited by prostitutes and harassed by beggars.

 

On the road, truck drivers encounter other hazards besides inclement weather and heavy traffic.

 

Everyone with a driver's license copes with annoying motorists, but truckers deal with bad drivers all day long. People who slam on their brakes or cut trucks off don't realize that it takes longer to stop a large truck pulling a loaded trailer. Motorists also fail to notice that semis need more space and time to negotiate a turn. The resulting accidents are often blamed on the trucker, not the careless motorist.

 

Company drivers are targeted by people seeking to commit insurance fraud. There has also been a trend with teenagers damaging truckers' property for "kicks". In September 2007, Matt and Travis - truck drivers with wives and small children at home - passed under a bridge in New Jersey and nearly lost their lives. A large rock was tossed over the bridge onto the hood of Matt's truck, and moments later, Travis's windshield was shattered by a chunk of wood as he passed under the same bridge. Thankfully, the only damages incurred were to the trucks, but both men could have been killed by these "pranks".

 

 

Nearly every product is at some point transported by a truck driver. Trains can only travel as far as the track goes. Ships and planes must stop at docks and airports. The clothes you're wearing, the monitor you're looking at, the Coke you're drinking- all were hauled to a store by truck. Truckers provide an important service and should be respected. Instead of being annoyed the next time a trucker causes you to lose a few minutes on the road, please take a moment to consider the life of a trucker.

 

Based on average number of fatal injuries per year, there are  seven jobs that are more dangerous than the last three. Before reading further see if you can guess which jobs are more dangerous.