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Interesting conversation with Dr. today - Page 2

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  1. #21
    hobo finds's Avatar
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  3. #22
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    Quote Originally Posted by street_sweeper View Post
    Walmart rig driver charged in crash that killed 1, injured actor Tracy Morgan

    The Walmart diver had been running for 24 hours with no rest when this accident happened last year.
    I checked the article and it didn't say anything about sleep deprivation. It simply said that the cause was under investigation.

    There's a certain double standard:

    When you're working for the government you're literally above the law. I was driving up until a few years ago. It was common to pull sixteen hour work shifts. The longest i ever ran was 22 hours but i was the B team. The A team guys were running as much as 35 hours straight and pulling over 100 hours a week.

    I never had a physical.

    I was never subjected to random drug testing over a fifteen year period.

    We never kept log books.

    Never saw a weigh scale. Weight limits were not a consideration as long as you didn't break the springs on the truck.

    Law enforcement never pulled us over.

    Technically .... we weren't even required to have a class license, however most of the guys had a class A and had logged in excess of a million miles over the road working for private industry.

    I'm not saying that this is right but our safety record was pretty good despite all of the craziness.
    Last edited by Scrappah; 03-13-2015 at 08:52 AM. Reason: add to

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  5. #23
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    Family of Comedian Killed in Tracy Morgan Crash Settles with Walmart

    Posted by Eric T. Chaffin
    March 11, 2015 9:38 AM


    It was last June that Saturday Night Live comedian Tracy Morgan was critically injured in a crash between his limo van and a tractor-trailer. Two other passengers were critically injured as well, and comedian James McNair, known as “Jimmy Mack,” was killed.

    In July 2014, Morgan filed a personal injury lawsuit against Walmart, since the tractor-trailer driver was working for the company at the time of the crash. McNair’s family also filed a wrongful death lawsuit against Walmart, and according to USA Today, they have recently reached a settlement with the company.

    Family Settles with Walmart Over Deadly Crash

    McNair, who was only 62 years old at the time of his death, left behind two children, Danita (19) and Jamel (26). The family claimed the tractor-trailer slammed into the limo van, and that the driver, Kevin Roper, was driving while overly fatigued.

    Roper faces criminal charges for his part in the crash, including death by auto and assault by auto. He has pled not guilty to those charges, but the National Transportation Safety Board concluded after their preliminary investigation that he was speeding at the time of the crash, going 65 miles per hour in a 45 mile per hour construction zone. Morgan’s limo bus was at a dead stop when it was hit from behind. Roper’s case is still pending.

    Lawsuits have named Walmart as a defendant because Roper had been on the road for more than 24 hours prior to the crash. Walmart should have known, the plaintiffs claimed, that after commuting 750 miles and then working for 14 hours on his Walmart shift, Roper would go over the federal limit of 11 hours of driving and 14 hours of daily on-duty time.

    Both parties in McNair’s case agreed to an out-of-court settlement, the details of which were not revealed. According to the family’s attorney, they were pleased with the outcome. Walmart did not admit to any wrongdoing related to the crash, but stated they are working toward settlements with the others who were injured.

    Walmart’s Apparent Response

    Back in September 2014, Walmart seemed to blame Morgan for his injuries, stating that he and the other passengers were responsible “in whole or in part” because they weren’t wearing seat belts. A Walmart spokesman later stated that the comment was part of a mandatory legal response to Morgan’s personal injury lawsuit.

    Morgan suffered a traumatic brain injury in the accident, and was still in a wheelchair three months later. News reports indicated that he was undergoing therapy for his injuries, and that he may never be quite the same.

    A few months ago, Roper had filed a motion to delay Morgan’s lawsuit until his own criminal charges were resolved. His attorney stated that the outcome of Morgan’s lawsuit could negatively affect Roper’s case, even though Morgan has not named Roper as a defendant.

    U.S. District Judge Michael Schipp recently ruled that Morgan’s case would go forward as scheduled.

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  7. #24
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    I cannot thnk off the top of my head that involves a person to be so personally liable. You can say certain management officers; CEO types that can be held liable for certain misdeeds. Truck driving or and cdl holding type of job is a conundrum... It is a do as you are told or suffer the consequenses while on the other hand you are the culprit according to law if you are caught.

    When I was driving for someone else, I had several intersting encounters. In a nutshell dot or police would just say: just refuse to drive the equipment or report your co... As if it was that easy. Anytime I refused to drive equipment, I was; sent home, punished, threatened... No turn signals fix em yourself or deal with it, faulty brakes - too bad the run needs to get done and so on.

    There are a few truths to the matter; unless you are i. A strong union, own your own equipment, or work for a place that actually cares...It is not worth the pay. End of story.

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  9. #25
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    Like PJ i'm seeing the effect of regulation at the local level.

    It's putting me in a bind. I've got a couple of places that i caretake that are at the top of a steep driveway.It's become a real problem because the fuel delivery drivers will not put their trucks in there unless conditions are almost perfect. This was never a problem in years past but it looks like the personal liability thing has them spooked.

    One of the places was almost out and the only thing i could do was go to the place of business and call the driver down in front of his boss. It got the problem resolved but it's a shame to have to back a guy into a corner like that to get him to do his job.

    My customers are getting pissed off at me because the costs to prep the site for a delivery ( plowing, sanding, & shoveling) ran so high this winter. It's putting a real strain on their budget. They have to yell at somebody.

    I'm in fairly tight with the owner of one of the local oil companies. There's a sign on the door advertising an opening for a class B truck driver with a hazmat endorsement to deliver home heating fuel. It's been posted for two months now and nobody has applied for the job. Every time i see him now there's an unspoken question between us. I've got to take him aside sometime and let him know that the reason i didn't apply was because i retired from commercial driving last year.

    It's a sad situation. Excessive government regulation probably has a lot to do with it. You know .... you set up a system of law. Over time it grows and becomes more complicated. Eventually it becomes so complex that the whole thing just stops working and it collapses under it's own weight.

    Sorry .... long post. Didn't mean to jack your thread PJ.

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  11. #26
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    Again, the notorious LIABILITY, seems to be getting worse all the time. Sickens me to death.
    WARNING: User tends to exhibit open disrespect for authority and a
    generally mellow demeanor inconsistent with the gravity of the situation.


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