Post on 16-Sep-2020
TRUCKING LITIGATIONBUILDING YOUR STORY FOR TRIALCHRIS D . GLOVER
Defendant Jaws
THE BIG PICTURE
Trans‐Carriers, Inc. Safety Director Gabe Preciado
‐Trans‐Carriers orally trains drivers to only stop on the side of the road in the event of an emergency.
‐Trans‐Carriers expects their drivers to follow their instructions about not stopping on the side of the road unless there is an emergency
‐A danger of stopping on the side of the road is encountering oncoming traffic while re‐entering the roadway
Trucking IndustryRules on Stopping on Side of Road
Trans‐Carrier drivers are expected to be as knowledgeable and drive as safe as any other professional truck drivers in the industry
Trucking Industry Materials on Parking on Side of Road
Trucking Industry Materials on Parking on Side of Road
TRAINING MATERIALS ON PARKING ON SIDE OF ROAD
Driver Tommy Neal• Went through Trans‐Carriers Driver Training Orientation program twice
• He has never received any training by Trans‐Carriers not to stop on the side of the road unless there is an emergency
• It is not against the rules at Trans‐Carriers to stop on side of road
• He would not have stopped on side of the road if they had trained him not to before the wreck
Tennessee Commercial Drivers License Manual
The Tennessee CDL Manual contains safe driving practices that all truck drivers should know
Driver Tommy Neal studied the Tennessee CDL Manual
The Tennessee CDL Manual contains information that is important for truck drivers to safely operate a commercial motor vehicle
December 20, 2013
Stopping on Side of Road at Night
‐Did not stop for any emergency situation
‐Never been made aware of an emergency situation that Mr. Neal faced
‐He is not aware of any emergency that required Mr. Neal to stop‐No law that he had to stop‐Mr. Neal could be in violation of the rules for stopping on the side of the road
Mrs. Madden Approaches Parked Truck
Terry SmithHe never saw the truck until the impact
He had to hit his brakes hard to avoid the crash
Tractor trailer truck was going so slow that he thought it wasn’t moving at all
Truck Stop• He would have been ten minutes down the road if he hadn’t decided to stop
• This wreck does not occur if Mr. Neal never stopped on the side of the road
• This wreck does not occur if Mr. Neal stops at the truck stop
Tennessee CDL Manual