Abilene Express’ did not pay for reasonable costs, such as parking at a truck stop, which supposedly caused him to park on the exit ramp.
The Abilene driver did not have an emergency which required him to park. He was parked in an area that was designated a no parking zone. He knew that it was illegal to park on the exit ramp as indicated by lawfully posted signs, and deliberately chose to disregard the signs. He did not turn on the tractor trailer’s four-way emergency flashers. He failed to set out warning triangles or flares behind the trailer.
The Abilene Express tractor trailer was parked on the exit ramp for more than 10 minutes when another truck driver, Travis Logg, was driving a 2000 Pete Tractor DS Westbound on I-90. Logg took exit 34, not knowing that there was an illegally parked tractor trailer parked on the exit. Logg’s semi-truck collided with Brooks’ vehicle causing a major crash that left him with severe and disabling injuries.
According to a Washington State Patrol (WSP) accident report, around 4:20AM two semi trucks were parked along the off ramp shoulder near Truck Town when a third semi truck cut the gore point at the exit hitting the parked semi trucks. The force of the collision then pushed one parked semi into the other parked truck.
Because of this accident, Logg spent weeks in a comma at Harborview Medical Center and many months thereafter for treatment. He suffered multiple leg fractures, broken ribs, shattered knees, a collapsed lung, ruptured spleen, and other injuries requiring numerous surgeries.
As a result of Abilene Express’s negligence, Logg suffered serious injuries affecting his activities of daily living and, under the law, is entitled to recover damages for his economic and non-economic damages.
Negligent Semi Truck Parking
This lawsuit alleges that Abilene Express was negligent in the maintenance of the tractor trailer and in hiring, supervising, training, dispatching, routing, and retaining the truck’s driver. At the time of the wreck, Abilene’s driver was negligent as he:
- Failed to operate his vehicle in a safe and prudent manner in view of the conditions which existed at the time of the wreck;
- Failed to inspect his vehicle in a manner considerate to the safety and lives of the other persons lawfully on the road;
- Failed to operate his vehicle in a manner considerate of the safety and lives of the other persons lawfully on the road;
- Failed to park his tractor trailer in a lawfully authorized location;
- Failed to properly warn the public of a parked vehicle;
The lawsuit alleges that the driver violated one or more of the Federal Motor Carrier Safety Regulations which constitutes negligence, including:
- §383 Commercial Driver’s License Standards
- §390 General
- §391 Qualifications of Drivers
- §392 Driving of Commercial Motor Vehicles
- §393 Parts and Accessories Necessary for Safe Operation
- §395 Hours of Service;
- §396 Inspection, Repair, and Maintenance
The lawsuit also alleges that the Abilene driver was negligent in that he was violated several Statutes of the State of Washington including:
- RCW 46.37.440 Flares or Other Warning Devices Required On Certain Vehicles;
- RCW 46.37.450 Display Of Warning Devices;
- RCW 46.61.560 Stopping, Standing or Parking Outside Business Or Residence Districts; and
- RCW 46.61.570 Stopping, Standing or Parking Prohibited In Specific Places.
FMCSA Regulations Violated In This Case
In this particular trucking accident
case, Abilene Express and its driver violated the Federal Motor Carrier Safety Regulations which constitutes negligence, including but not limited to:
- §383 Commercial Driver’s License Standards
- §390 General,
- §391 Qualifications of Drivers,
- §392 Drivers of Commercial Motor Vehicles,
- §393 Parts and Accessories Necessary for Safe Operation,
- §395 Hours of Service,
- §396 Inspection, Repairs and Maintenance.
Abilene Express is required to teach and train its drivers to understand and obey the rules and regulations contained in the FMCSR.
About Federal Motor Carrier Safety Regulations
The provisions of 49 CFR §301-399, commonly referred to as the “Federal Motor Carrier Safety Regulations” or “FMCSR” are applicable to this case and Abilene Express, and David Brooks were subject to and were required to obey these regulations at the time of the wreck and at all relevant times prior to the wreck.
The United States Department of Transportation through the Federal Motor Carrier Safety Administration (FMCSA) issues the public authority to operate the trucking company.
Companies authorized by the FMCSA to use tractor trailers on the roads and interstate transportation receive a DOT number.
Trucking companies and their drivers are required to obey the minimum safety standards established by the Federal Motor Carrier Safety Regulations (FMCSR)(49 CFR §301-399) either directly or as adopted by the Revised Code of Washington.
About Abilene Motor Express, Inc.
Defendant Abilene Motor Express, Inc. is a Virginia corporation transacting business in the state of Washington. Abilene Express is an interstate common carrier based out of Virginia. Abilene Express is registered with the U.S. Department of Transportation under DOT # 335555 and MC194957. Abilene Motor Express is the employer of defendant truck driver David Brooks of Danville, VA.
Abilene Express is the registered owner of U.S. DOT # 335555 and MC 194957, displayed on the tractor involved in this wreck, and is therefore responsible for the acts of the driver of the vehicle. Abilene Express and its drivers have a duty to maintain the tractor and trailer in satisfactory working order to ensure the safety of citizens on the roads, interstates, and highways.
DLG Case Number: 201660
Case Title: Logg v. Abilene Motor Express, Inc. and David W. Brooks
Docket: 18 cv 01398 TSZ
Court: Federal Court of King County for Washington
Date Filed: 9/5/2018
Defendant: ABILENE MOTOR EXPRESS, INC.; and DAVID W. BROOKS