31 www.ortrucking.org Issue 3 | 2022 circumstance, and a critical eye to often-overlooked dangers, such as lack of training, personal liability, physical damage, and cargo risks. One Wrong Sentence Cost Millions of Dollars “I guess I could have…” In a truck-car crash where all facts pointed fault at the passenger vehicle driver, the plaintiff ’s attorney successfully argued that the fault was on the professional driver using this quote from the professional driver’s statement in a law enforcement report. The case resulted in a $3.5 million settlement. Words matter and making sure your drivers know what to say and how to articulate the facts of a crash in a stressful situation is important. The Most Important 24 Hours In lawsuits concerning truck-car crashes, plaintiffs’ attorneys often wait to file until the state statute of limitations is nearing. In most states, the civil court statute of limitations is two or three years. By waiting, these attorneys are counting on memory loss and lost facts about the crash to give them the advantage. For a motor carrier’s defense, what’s reported and logged in the 24-hour window after a crash when the investigation is most active is crucial years later if a lawsuit is filed. Contact the PayneWest transportation team today to discuss your fleet’s risks. ` John Hermes ` Sales Executive, Transportation Practice ` 406-327-6529 ` JHermes@PayneWest.com
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