CB a factor in Werner Trucking losing $100 Million lawsuit

[scanmanmi]

Texas appeals court upholds $100M judgment against Werner.
Judges criticize truckload carrier’s actions in choosing, governing driver in black ice crash.

Apparently(around paragraph 11) the Company policy against CBs prohibited the driver from talking to others about the icy conditions.

Texas appeals court upholds $100M judgment against Werner

A 5-year-old judgment against Werner has been upheld on appeal by a Texas court, with the amount now standing at more than $100 million.

www.freightwaves.com

 

[RFI-EMI-GUY]

Texas appeals court upholds $100M judgment against Werner.
Judges criticize truckload carrier’s actions in choosing, governing driver in black ice crash.

Apparently(around paragraph 11) the Company policy against CBs prohibited the driver from talking to others about the icy conditions.

Texas appeals court upholds $100M judgment against Werner

A 5-year-old judgment against Werner has been upheld on appeal by a Texas court, with the amount now standing at more than $100 million.

www.freightwaves.com

That is an interesting development. Maybe we will see a surge in CB radios in truck fleets.

 

[LesWurk]

interesting argument but wouldn't operating a CB be a distraction under the conditions, amazing what lawyers can come up with, common sense is lacking sometimes

 

[prcguy]

You could also argue if hookers were legal the driver would have had his eyes more on the road looking for one, therefore seeing the problem in time and avoiding the accident. How far can a layer twist things just to make a buck?

 

[gary123]

It is not illegal to be listening to the chatter. The driver should have enough of a skill set to know when to be talking on the radio and when to be concentrating on driving. If they do not then maybe they should not have a CDL.

 

[RFI-EMI-GUY]

interesting argument but wouldn't operating a CB be a distraction under the conditions, amazing what lawyers can come up with, common sense is lacking sometimes

Maybe if the highways had active ice warning signage everywhere, such means of communications would be superfluous. Having spun a vehicle 360 degrees (without damage, just drama) after passing under a bridge and encountering black ice, a warning a mile ahead would have been welcomed.

 

[Kfred]

It is not illegal to be listening to the chatter. The driver should have enough of a skill set to know when to be talking on the radio and when to be concentrating on driving. If they do not then maybe they should not have a CDL.

the driver should also have enough of a skill set to know when to stop driving.

 

[2much]

How the hell can someone out of control come into my lane and i am at fault.

 

[mastr]

How the hell can someone out of control come into my lane and i am at fault.

These days, you never know what is going to happen in court.

 

[Hit_Factor]

Maybe if the highways had active ice warning signage everywhere, such means of communications would be superfluous. Having spun a vehicle 360 degrees (without damage, just drama) after passing under a bridge and encountering black ice, a warning a mile ahead would have been welcomed.

I'm not paying for that.
You lost control of your vehicle. Typically that is a 'too fast for conditions' situation.

 

[dave3825]

Interesting that their policy did not allow cb radio back then, then later in 2021, they listed cb as a father's day gift idea.

What To Get Your Truck-Driving Dad for Father’s Day

We’ve compiled a list of items for you that your truck-driving dad will love, come in handy on the road and won’t break the bank!

www.werner.com

 

[RFI-EMI-GUY]

How the hell can someone out of control come into my lane and i am at fault.

That was my first thought. However investigators found that the truck was speeding and unable to brake effectively resulting in a higher severity of damage. Too fast for conditions.

 

[RFI-EMI-GUY]

I'm not paying for that.
You lost control of your vehicle. Typically that is a 'too fast for conditions' situation.

True but in my case the entire road was free of ice and snow until I reached the westbound side of the overpass that was above me. Water had collected and black ice had formed. I was pretty lucky. And If I had had a CB in that vehicle I would have warned others. Going eastbound would have had me approaching the concrete bridge supports. Instead I was driving away and spun using the full two lanes to correct. It was a lucky day.

 

[Hit_Factor]

... It was a lucky day.

And that's good.

 

[slowmover]

Use of a CB isn’t at all like the use of a phone. On the phone the other isn’t present. It’s rude to carry on a phone conversation with others present (partly as the necessary non-verbal info is missing).

On CB it’s everyone around you discussing the road. Men defining whether occurrences constitute a problem, and then working to a solution of the problem.

Visual uptake thereby differs.

That’s the easiest way I know to explain the difference.

And, that most CB comms is quick. Short. To the point. Use of CB can or will heighten awareness of one’s surroundings.

CB while traveling the roads is no different than the use of seat belts or concealed carry as necessity in times of peril. Which cannot be wholly predicted in advance.

.

 

[slowmover]

I'm not paying for that.
You lost control of your vehicle. Typically that is a 'too fast for conditions' situation.

But, you have paid and continue to pay for a society utterly reliant on personal & commercial vehicles plying hundreds of thousands of miles of road in every kind of weather to accomplish necessary ends.

Which then begs the question of why any father & husband hasn’t equipped house and cars all with CB radio.

I know men with millions of miles of experience have had weather-related accidents who are possessed of far past any moderate sense of what constitutes the experience to judge conditions.

I’ve seen that big trucks now give a dash warning of icy conditions may exist. Judgment of what that constitutes is tempered by radio reports.

We rely on our fellows. Not those who seek our dependency. This is where CB is make-or-break for the traveler.

.

 

[merlin]

CB radios had been in trucks long before my driving career. ('63-'75)
They were very handy in alerting drivers of road conditions, hazards, speed traps.
Certainly the best way to go.
What about ICE. Any driver qualified with 40 ton trucks should KNOW what is ahead of him/her and take the precautions based on their skill. Possible a CB just might have prevented this accident. That won't happen with a Qualcom or cell phone.
I have driven semi enough miles to make more than 6 round trips to the moon and in every condition you can find in the US.