Wabashs nuclear verdict highlights fleet equipment liability risks
Summary
Two men, the driver and a passenger, were killed in a 2019 collision, which occurred 15 years after the trailer involved was manufactured in compliance with existing regulatory standards, according to Wabash. That this case wasnt trying to establish negligence, Leffler theorized the judge likely saw those pieces of evidence as something that would bias a jury in deciding product liability, thus did not allow them to be presented to jurors. "I think the FMCSA is probably fine with the 35 mile per hour speed that we have for rear impact guards," he said, "but I think motor carriers are going to have to make a very difficult decision of weighing the pros and cons of Do we want to go with what the federal government mandates as the minimum, or are there other options that are cost effective and that drive safety?" However, even brand new trailers offer carriers no guarantee as those are subject to 35 mph underride minimums versus the 40-plus recommended by lead plaintiff attorney Johnny Simon. Leffler recommended having a third-party inspect trailer underride guards and take corrective actions as needed "I think it makes sense to outsource it, just so you have records of this from both you and the vendors perspective," he said.