Aftermath of a series of very unfortunate mistakes!

[two_bit_score]

Sometimes, whoever has the best insurance policy to milk will be instantly guilty as well.

Maybe not “instantly” but that is very likely why United was brought in. Waiting to see if this is appealed to the Texas Supreme Court. Likely it will be.

This is one of those cases where bad facts make bad law and United has some very bad facts to deal with. They were only found 30% negligent I believe it was.

 

[ddbackhoe]

This is one of those cases where bad facts make bad law and United has some very bad facts to deal with. They were only found 30% negligent I believe it was.

I dont understand this statement. Would you mind clarifying for me?

 

[two_bit_score]

I dont understand this statement. Would you mind clarifying for me?

Sure, in Texas the jury weighs the actions of both parties and determines the amount each party to an accident is responsible for, their contribution of negligence to the accident occurring. There may be several parties who had some responsibility and are sued. Some of those may settle out before trial and other parties may be brought in as facts are discovered. A party who is a defendant may bring in other defendants if they believe the actions of those others might share in the responsibility for the accident and be partly responsible for some of the damages.in the end the jury determines the % of negligence of each party as well as the amount of damages. In this case the jury put 30% negligence on United Rentals. You mentioned a lot of that Reason in post 10 above. United appealed the trial court’s judgement to the Dallas Appeals Court which upheld the jury’s verdict. That sets a precedent and creates case law that will affect future cases to some extent.

The “bad facts” start off with what you mention in post 10 but there were more and it seems like a real cluster at the a United Rental yard that morning. I haven’t read the complete opinion yet. The loading of the wrong equipment on the wrong trailer was within the control of United Rentals. That is going to be hard for them to escape some responsibility for that. Generally, a shipper is not responsible for things that might occur beyond their ability to control but I can’t see how United can escape letting the truck leave with the wrong equipment on it. It actually is a little amazing to me that they were only found 30% negligent. But, again, I have not finished reading the whole thing.

In upholding a finding of negligence against United they recognized a duty on the part of a shipper for their negligence to a third party, the person killed in the accident. That is the big issue in this case because for the most part in Texas the shipper was not recognized to have that duty.


So, if this is not appealed and overturned it will become established precedent and affect other cases. It’s a potential Pandora’s box to some extent.


It’s an interesting case and one I think is not over yet.

 

[Diggin It]

Suppose, just suppose ..... that UR had sold the boomlift and the trucker was either the new owner or had been hired by the new owner. All other aspects remain the same. Does UR still have liability for the how the lift is loaded, secured or transported?

 

[Frankenkubota]

Sometimes, whoever has the best insurance policy to milk will be instantly guilty as well.

That痴 a big part of it. Gotta fish where the fish are.

That痴 why, if you got nothin to lose......why not? You got nothin to lose!

 

[crazyal]

Some more information would be nice. Who actually loaded the equipment on the trailer? Since it's a vehicle that can move under it's own power did the driver load it or did a UR worker? If it was loaded onto the trailer by a UR employee then that employee should have verified that the trailer was the correct trailer for the load. Also UR should have a way of verifying the height of a load. I can understand not having scales to check weight but for not much money a system that could measure the height of a truck that passes through it and then displays the height is not something that would break the bank. It sounds like this is a large yard full of equipment that most likely ships multiple pieces daily.

Clearly though the bulk of the blame should rest on the driver. The second you sit down in that seat and turn the key you should know everything about your load. Not just weight and height but other information like can the load shift. Years ago a semi carrying trash to a landfill overturned on a sharp corner. The speed limit was 25mph (which it sounds like the driver was doing) which should have been slow enough for a stable load. But the way the transfer station fills the trailers is what caught the driver off guard. The station dumps the trash onto a cement platform that has an edge. Loaders push the trash over the edge and into open top trailers. I think the loader operators try to get the heavier materials lower in the trailer but that's just a visual thing. The trucks are weighed as they leave and a tarp is put over the load (which is no higher than the trailer). The state police determined that either the load was top heavy (which a scale isn't going to tell you) and/ or the load shifted. The transfer station contracts out the trucking. I didn't read the actual end result but I was told that the trucking company was 90% liable for the damage.

 

[ddbackhoe]

It痴 an interesting case and one I think is not over yet.

Thanks for adding the details. Yes, from what I have read, I agree with your opinion. I also think that having a new precedent for this type of situation may not be a bad thing. Just because something has always been done one way doesn't mean that is the only way.