Tag Archives: litigation

“As a. . . result of Utility Trailer’s negligence. . . Riley Hein LOST A CHANCE AT A BETTER OUTCOME”

According to a WUSA9 Investigative Report on Underride, court documents show, “As a direct, legal, and proximate result of Utility Trailer’s negligence, Plaintiffs’ decedent Riley Hein LOST A CHANCE AT A BETTER OUTCOME when instead of simply colliding with the semitrailer, his car became trapped underneath the semitrailer, resulting in a fire and directly leading to his death.”

That’s what the #STOPunderrides Bill is all about!  If passed, this legislation will give motorists and vulnerable road users A CHANCE AT A BETTER OUTCOME when they have the misfortune of colliding with a truck. Effective underride protection will prevent underride and enable the car’s crashworthy safety features, like the crumple zone, airbags, and seat belt tensioners, to do their job and protect the car’s occupants from deadly injuries.

This includes not only SIDE underrides but also those collisions that occur at the FRONT and the REAR of trucks. A few weeks ago, I obtained a FARS data report from NHTSA (DOT) for “reported” underride deaths during 1994-2017. It clearly shows that the number of reported underride deaths did not significantly decrease after a federal standard for rear underride guards was implemented in 1998.

NHTSA Fatality Analysis Reporting System (FARS): Underride Deaths, 1994-2017

Apparently, neither NHTSA nor the trucking industry bothered to make it a priority to look at those statistics and ask some hard but important questions, “Why are people continuing to die under trucks?” and “What can we do about it?”

In fact, just the opposite apparently occurred as evidenced by court documents which reveal that the trucking industry deliberately acted to protect themselves from being forced to add underride protection to their trucks. The TTMA (Truck Trailer Manufacturers Association) did not do this alone; the ATA (American Trucking Associations) played their part as well.

The question is: Where do we go from here? Congress, I’d say that the ball is definitely in your court.

“‘He’d want us to go on’ | Accident victim’s family wins $42M from trucking company”

Latest WUSA9 underride series segment reports on the $42 million jury verdict in Riley Hein’s side underride case. The report includes Eric Flack’s interview of Andy Young, CDL holder and truck litigation attorney, during the D.C. Underride Crash Test Event.

“These are the things that ultimately result in the eight-figure verdicts which can push a motor carrier into bankruptcy,”  Andy Young said, a former truck driver who now represents accident victims families in lawsuits against trucking companies.

“So, you’re actually protecting everyone in the industry as a result of these devices,” Young said. 

See the broadcast and read the article here: https://www.wusa9.com/article/news/local/victims-family-wins-42-million-from-trucking-company-after-underride-accident/65-a113e4ee-6137-4f2d-8580-19b4bb294a9e

Riley Eric Hein
(Photo courtesy Eric Hein)

Jury Found Trailer Manufacturer Negligent In Side Underride Death

A New Mexico jury found a trailer manufacturer “negligent” yesterday in a side underride fatality. “The family hopes the verdict ‘sends a message’ to the truck-trailer industry to take measures to prevent underride crashes.” Read more here.

Everyone, please call Congress at this D.C. phone no. and ask for your U.S. Senators and Representatives. When you get transferred to their office, simply tell the staffer that you want their boss to cosponsor the STOP Underrides Bill (S.665 and HR.1511): (202) 224-3121.

Thank you, Eric Hein and family. Thinking of you and all underride victims. Precious ones gone too soon. Never forgotten. 

#STOPunderrides Enough is enough!

Underride Question: Litigation or Legislation?

We would have liked to see the DOT and trucking industry solve the underride problem on their own because it is the right thing to do. Because they have not, we are now faced with the question: Litigation or Legislation?

Last week, a side underride case in Texas was settled as a wrongful death suit. The trailer manufacturer acknowledged their failure to act to install technology which could have prevented the death of Kathryn Dodgen:

http://www.houstonpress.com/news/family-files-wrongful-death-lawsuit-against-a-trailer-manufacturer-after-deadly-crash-7704640

Kathy’s family and their lawyers believe the accident was entirely preventable—and so this week, they filed a wrongful death lawsuit against the trailer’s manufacturer, PJ Trailers. In the lawsuit, they accuse the manufacturer of releasing a defectively designed product onto the market, violating Texas’s products liability laws. The trailer didn’t have any side guards that would have prevented Kathryn’s car from going underneath it.

What does this mean for the future? Likely, with the hundreds if not thousands of underride deaths (and debilitating injuries) which occur every year in this country, there will be many more such lawsuits filed because of the precedent that this case has set.

How do we want this to play out? Do we want the trucking industry to face massive loss due to this de facto standard which will hold them liable for these preventable underride tragedies? Or do we want to protect them from litigation through legislation which will provide them underride standards to follow?

May 12, 2018, mwk

Update: Other posts on Underride Litigation