In a recent Texas case, the jury sent a powerful message to truck manufacturers that may make these collisions far less deadly.
The case involved a collision between a car and a tractor-trailer, where the truck pulled in front of the car and the car ran under the trailer. The car had its entire top sheered off in the collision, and one of the occupants died, while the other occupant suffered catastrophic brain damage and can no longer care for herself.
The evidence showed that it is possible to install what is called an underride barrier, a barrier designed to prevent cars from running underneath the trailer in a collision. The truck in this case did not have an underride barrier, but the manufacturer argued that it should not be liable for failing to install one, because government regulations do not require it.
The jury disagreed and returned a verdict of $38.5 million. Perhaps the jurors believed that the $600 cost of an underride barrier meant that it should have been installed even if it was not required.
It remains to be seen whether this verdict will stand up on appeal and, if so, what effect it will have on truck manufacturers and trucking companies.
CASE BY CASE: A TRACTOR-TRAILER VERDICT
In a collision between a tractor trailer and a car, the car almost always loses. This is especially true when the car hits the side of the trailer. In such a collision, the front of the car will pass under the trailer without hitting anything, which means the first thing to hit the trailer is the windshield, and then the occupants’ heads.
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