A Texas jury recently awarded nearly $7.4 million to a man who was seriously injured when a truck driver hauling an oversized load veered off route for about 13 miles and struck a bridge, sending metal debris into his vehicle.
On April 5, 2017, Ronnie Claxton, 72, of Del Valle, Texas, was on his way home from work as a dump truck driver when a 1997 Peterbilt truck driven by Dennis Rayner, who was hauling an oversized and overweight load, deviated from his approved route. Rayner then struck a bridge, sending a 25-pound metal turnbuckle, used to secure his load, through Claxton’s windshield.
According to court documents, Rayner drove for Even Better Logistics LLC of Killeen, Texas.
Todd Kelly, attorney for Ronnie Claxton and his wife, Sandra, said the couple was willing to settle for $750,000. He claims that Michelle Cora Croom, owner of Even Better Logistics, and her insurance agency, were unwilling to settle.
“We were willing to settle for about one-tenth of the verdict, but they were unwilling to do so,” Kelly, a partner of the Carlson Law Firm, told FreightWaves. “The maximum amount they were were willing to offer us was around $150,000.”
Even Better Logistics is no longer in operation following the bridge strike on U.S. Highway 83 in Austin, Texas.
“I think the takeaway is the truck driver was not properly trained,” Kelly told FreightWaves. “He could have pulled over, called 9-1-1 and asked for an escort, turned around, but he did none of those things and kept driving until he hit the bridge.”
Kelly claims Even Better Logistics didn’t want to settle because of Claxton’s age.
“Claxton is a 72-year-old man, so he has some degenerative changes, but they were exacerbated to the point he couldn’t work anymore after he was forced to come to an abrupt stop that caused him to bump his head on the windshield,” he said.
Even Better Logistics did not respond to FreightWaves’ request for comment regarding the verdict. The company once had five trucks and three drivers before it shut down, Kelly said.
In court, Kelly said he heard the trucking company may appeal the verdict.
“There is a cap on the exemplary damages in this case, but we believe about $5 million is collectible,” Kelly said. “There was never any safety training conducted by this company, but motorists should expect that professional trucking companies safely train their drivers.”
JR
These mexican pop up companies come and go worthless untrained drivers just look at the guy in Denver that was hauling lumber killed all those people and was unable to read, write and claimed to not speak english. Look at it from this point of view thousands of these untrained drivers come across the border from Mexico and canada each week and good luck trying to get a settlement with them they run back to their country and get a new identity and are back in a week or two new name new liscense. What a world we live in.
Ricardo Ortiz
On the flipside of alot of these comments about insurance companies. Is we have alot drivers who are neglegent for alot of these accidents and these companies continue to cut corners and force drivers to do things at times they should not be doing I worked for a company that allowed me to move hazmat and I dont even have the endorsment So I’m glad they got nailed for that. Its these big companies that are damaging the industries by pushing driver to do things at times and id you refuse they cut ur loads or or in my case as a owner operator my loads. So companies have to take resposiblity for there owns actions.
Donavan McIntosh
I think the judge came to a great decision some of these truck drivers are not well equipped or trained to do their job most of them don’t even do pre or post trips the whole trucking industry is one big joke That’s Amore lighter words I would use trucking companies need to put more effort into educating their drivers.
Dennis J Shular
This is why you shouldn’t follow to closely to big trucks! Both drivers are at fault!
Bobby
The rr’s have been in business for well over 150 years there shouldnt be a crossing ANYWHERE that’s not of good legal height , a bridge over or viaduct under , they have responsibility too , but unfortunately texas rr commission is powerful.
Max
This has nothing to do with training. Truck drivers are just assholes now. He knew what he was doing
Tammy Sue Breshears
Truck drivers are not assholes sir. If you drove a truck for three months straight long haul you would find out who the assholes are on the road. People who drive the cars and pick ups are assholes , they are rude, they don’t use turn signals , they are disrespectful and a whole lot of other things. I wish people who never drove a truck would come out on the road with me for three months with no home time so I could educate them on what it is like to be a truck driver.
You have to remember truckers office is behind that steering wheel and the highways and smaller roads are also truckers work environment ( our tools to get the job done ) , we are out there on the roads for long periods of time, truckers are not in a building like most people are and truckers are not on a real set schedule like most people are inside buildings from 7 to 5 or 8 to 5 or however many hours inside a building with a set schedule. People should have a little more respect and realize what truck drivers go through day in and day out , month after month , it’s really grueling , it’s just most people don’t see the other side of what it us like to be a truck driver.
If I could pass laws truck drivers would have separate highways, all bridges would be redone to fit any oversized load and all bridges would be marked and have signs ahead of time warning truck drivers of the impending bridge height, there would be more turn around for trucks in case they get lost and need to turn around.
William
Amen sister! So 100% true.
Abe F.
I’ve held a CDL for 21 years, been an active commercial river for many of them. The same issues you ascribe to the 4 wheelers and other drivers – I see, ALL THE TIME from truckers.
Truck drivers do not operate in a vacuum of perfection. They tailgate, drive too fast for conditions, swerve, speed (stop blaming this on ELDs – been doing it long before they came along), and generally drive just as poorly as the average 4 wheeler does.
Drivers talk a great game about being professionals and how they KNOW what’s best for all involved but then when they show up – they haven’t done any personal hygiene in days, speak in a constant stream of profanity, are racist, misogynistic, and while they’re on their soapbox about how the company is being run poorly – asking for a fuel advance on every load because they don’t have the operating capital for their 1 truck O/O business to get 100 gallons of fuel. Blame the company for issues while asking the company to provide short term, revolving credit on a semi-daily basis for their fuel spend.
The hypocrisy on both sides of the road is astounding.
Driver
You have no idea what you are talking about I have driven a commercial truck for 25yrs and it’s crazy how many times I have had to leave the interstate because of road closures and or accidents that cause traffic to detour of highways so until you have driven don’t judge us
Lizzie
Not all truck drivers are.
Billy
You think about that comment the next time you go to the grocery store to get food for your bratty kids. Or go to a gas station to get gas for your old clunker of a car. Or go to the store to pick up Christmas presents come Christmas time. Or go to Walmart to pick up food for your grandchildren. Or go to Lowe’s or Home Depot to pick up supplies for your house. You think about that asinine comment before you open your stupid mouth. If you hate truck drivers then sell everything you got and move up into the woods with the Bears.
Ron Carne
I have been in business (rental business) for over 25 years , I was sued approximately 10 years ago after a woman high on drugs who was not my Tennant burned down through her negligence killing 2 people. The woman was not charged with a crime as it was an accident. She then went to various attorneys in town trying to get somebody to sue for her and was told she did not have a case. She then went to a big city and found a firm willing to try. Long story short my insurance company and myself had to fight this out for two years. Eventually my insurance company gave her and the rest of the family 250000 because it was cheaper to make her go away. Unbelievable, this is why we need tort reform and need to shut down unscrupulous attorneys. Their lobby in DC is strong but I think it’s time to pressure our politicians to end this craziness.
Karen Petranovich
I haul oversize loads all the time. Texas DOT oversize permit office has got to be the worst in the country. They will take a load that’s 13 ft wide off the interstate and put it on a narrow two-lane Highway. Granted this guy should have stopped and called the police but Texas. DOT should take partial responsibility.