$ 100 Million+ Lawsuit Against Werner AND Driver: A Grave Injustice

[@kenkarish826]

I would start a counter suit for 200 million against the family and lawyers if I was Ali, for a frivolous lawsuit and emotional distress.

[@dave-smarttrucking7515]

Good idea!

[@johnm6642]

You are correct. The juries went with emotions not fact. The only responsibility lay with the pickup driver.

[@dave-smarttrucking7515]

That's how I see it!

[@mrjon1985]

I hate these sleazy lawsuits. Using the unfortunate death of your child to make yourself rich is just shameful.

[@dave-smarttrucking7515]

Agreed!

[@KC-hf3to]

what the hell kind of court would allow this crap to happen??

[@dave-smarttrucking7515]

Certainly makes you wonder, right? And found guilty twice now!

[@hogheadv2]

Personal responsibility is no longer part of today's society.

[@derrickj8424]

I’m surprised the family didn’t sue the manufacturer of the vehicle, tire manufacturer, the DOT and person who laid the asphalt on the road, oh and God for allowing such bad weather. Greedy scumbags

[@ronaldbergsma8777]

They do sue everybody in sight, one family sued the fed mill where the not at fault driver picked his load up. And no , the truck was not overweight.

[@dave-smarttrucking7515]

Really! Maybe we'll see that yet

[@ezskreet]

If Werner looses the appeal……drivers should protest the verdict and petition for the government to subsidize trucking insurance. People already purposely try to cause accidents with a semi. The avg 4 wheeler does the dumbest things imaginable on the road….if Werner looses this sets a dangerous precedent.

[@dave-smarttrucking7515]

Yes, it certainly does set a dangerous precedent!

[@jamesstemmler7620]

I have sympathy for the kids. I DON'T have sympathy for the parents. Call it cold, but if the parents have low enough moral standards to unjustly sue innocent people who don't deserve it for everything they have, I have 0 sympathy for the parents because they have shown me who they truly are as people.

[@dave-smarttrucking7515]

I agree with you, Jennifer Blakes bad decisions placed them in this position in the first place

[@dave-smarttrucking7515]

Gotta agree!

[@aviatortrucker6285]

How is it a Mega Carrier like Werner couldn’t find a shyster lawyer like this family did?

[@SmartTrucking]

So I"m sure Werner did have great lawyers, but the jury didn't care. But then again neither did the judge on the second appeal.

[@dave-smarttrucking7515]

Oh, I imagine Werner had good lawyers, just not good enough I guess. Well the whole thing isn't over yet

[@briandarazs6620]

Like there isn't enough drivers now. This could very well scare many potential drivers away.

[@dave-smarttrucking7515]

Absolutely right!

[@jamestoepfer7601]

I've been saying it for years - Regardless of what the facts really are, sadly, a CDL is always proof of guilt.

[@dave-smarttrucking7515]

Certainly seems that way, doesn't it

[@the1bulldurham]

Never go with a jury trial on something like this. You’ll lose almost every time. Learned this the hard when I lost in a jury trial. I was just as innocent as this trucking company.

[@Liynkx]

It's an American tradition at this point. If it moves, sue it.

[@paulwicklund5044]

Warner and the trainee driver should both declare bankruptcy. That's how they would get out of this mess.

[@lilmike2710]

Sounds like it makes 2 judges multi millionaires as well.

[@dave-smarttrucking7515]

I hadn't thought of that, but it would make sense, wouldn't it?

[@rickhughes9385]

I’m 63 and drove trucks for years Retired 2 years ago Been driving dump truck part time for the past 3 months just for something to keep me busy I’m seriously thinking about quitting just because of things like this I’m too old for something like this to happen and lose everything I’ve accumulated over the last 40 years

[@dave-smarttrucking7515]

Man, that happened to an older fellow up here on the verge of retirement, lost everything and had done nothing wrong

[@danielGTFO]

if you sue me for millions from a unavoidable car accident and you win and ruin my life from the un payable damage fees then im coming for your life

[@rockylee6247]

The jury should be the ones getting sued or at least put their names out there so people knows what kind of people are judging people sounds like 12 pieces of crap

[@FrankVanderVeen-wh1wi]

I've always thought when I see the billboards with the law firms saying haven't you received a check yet Turns my stomach every time

[@dave-smarttrucking7515]

Yeah, me too!

[@fakherddinyoutubechannel2819]

This is one of the many reasons why I hopped out of the seat because things like this can happen. And no I certainly don't think it's fair for the driver or the company and is where I'll stop... SMH😢

[@CarlinDontCare]

This is exactly what’s wrong with our justice system, where’s the justice in all of this? The only people responsible for that tragedy were the people riding in the pick up truck. Texas DOT wasn’t even responsible, because other had traveled on that road after and before the accident just fine. Truckers aren’t supposed to do their jobs on icy roads but people can joyride!

[@dave-smarttrucking7515]

Yup!

[@SmartTrucking]

Good Evening Driver. Thanks for stopping by to catch the upload. Well, what's your take on the situation? Should Werner pay? Should the driver pay? Love to hear your thoughts about the situation. I WANT TO MENTION A QUOTE FROM THE COMMENTS. IT READS, " THIS IS NOT A JUDGMENT AGAINST WERNER, IT'S A JUDGEMENT AGAINST TRUCKING" . This will set the precedent for future cases. Absolutely terrifying thought to EVERY TRUCK DRIVER ON THE ROAD.

[@CronoXpono]

How in the HELL could the trainee do anything about it?! It wasn’t even a swerve going in the same direction! It would’ve been the same if a damn helicopter dropped that truck on the poor guy!! Screw Werner but JESUS, how do you find them culpable but defend stand your ground incidents?! You could make the argument that if a truck driver can somehow become clairvoyant and dodge an incoming vehicle coming from the OPPOSITE SIDE OF THE ROAD, how can you defend your home when technically you COULD avoid conflict while being under threat?!? Incredible. Absolutely incredible. 🫤

[@bill-jl8od]

That family should be ashamed of their actions...

[@rickm5853]

Justice in this country is non existent. God in Heaven help us.

[@billquailes7882]

Sad, very sad. A driver can lose everything and be jailed for doing nothing wrong.

[@dave-smarttrucking7515]

Yup, not a just and fair system anymore

[@dannymoore2413]

Dear Friend, I saw this clip last week on tik tok. Met a Werner driver Thursday in London Ont. From my understanding, the guys in Michigan are not pleased at all. The system is rigged. Bloody shame. These videos are very good tools for drivers like me. I am grateful for your efforts.

[@dave-smarttrucking7515]

Thanks Danny ! Yeah, the system must be terribly rigged

[@dave-smarttrucking7515]

Thanks!

[@rjuhl2007]

This is as frivolous as a lawsuit can get. Im surprised Werner and the driver havent filed couter suits yet.

[@workingguy-OU812]

This is why so many smaller fleet owners keep separating their fleets up under different, non-connected, corporations. If anything happens where a lawsuit is extreme toward one of them, they'll declare bankruptcy on it and continue one with the other two separate entity companies. It just isn't worth becoming a mega-carrier anymore.

[@dave-smarttrucking7515]

That's right! That's why they do it!

[@MrButaqua]

Sad story that’s why these companies have driver facing cameras thank God that driver did everything right because if he was picking his nose at the time of the accident Werner would be suing him throwing him under the bus

[@dave-smarttrucking7515]

Yup!

[@ccavalier10]

Why is nobody mentioning that Salinas was an unlicensed driver? Yet they claim Werner shouldn’t have been out there? None of this makes sense. I bet Werner and Ali will find justice if they keep appealing to a higher court. This kind of injustice can’t stand in America.

[@dave-smarttrucking7515]

Yeah, I know! How did they sweep that under the rug?

[@deantait8326]

Maybe the worst judgment I’ve been aware of. The jurors should be ashamed! Warner Good Luck. Remember, the PI attorney got from 33%/40% of that judgment. I’m so sorry for the lose of that family… We’re all going to pay for this … VOTE

[@roberthernandez8435]

I agree why would anybody want to be a CDL driver knowing that you could end up like this gentleman everything about this case is completely backwards it is incredibly wrong.

[@jp6614]

I can't argue your straightforward logic. The court ruling seems beyond excessive.

[@joestafford4196]

It's not warner fault but they blame truckers for everything I drove 33 years I've heard and seen it all

[@johnrosier1686]

I am surprised they didn’t also sue the trainer while they were at it. The driver will never make that money in a lifetime of driving. This is incredible and everyone will pay more for goods eventually if this kind of mess becomes common.

[@dave-smarttrucking7515]

Yes, I was surprised they didn't go after the trainer!

[@truckerstevecdlinstructor]

You are Right! Now the have a 36 million lawsuit for not hiring a deaf driver that they trained.

[@SmartTrucking]

Exactly right. It should have ended the law suit right there.

[@dave-smarttrucking7515]

It's a crazy world we live in now!

[@truckingwithcliff]

This lawsuit should have never even went to trial

[@dave-smarttrucking7515]

Agreed!

[@MoneyTary26]

Id become an outlaw and move to another country because i would never pay the price for a judges decision in court and lack of common sense and wrong judging

[@King_TuTT]

crazy shit. i won’t be driving a semi truck anytime soon.

[@only1muppet]

Did no one have insurance? I’m guessing that the woman decided this case would be a way to get out of poverty and buy her own house and car. It’s definitely a tragedy, but it wasn’t like someone was drunk driving or intentionally caused the accident.

[@cassiuspuckett8789]

Well Dave, I don't think the judge should have heard the case in the first place, because the driver of the pickup wasn't a licensed driver and I think you said wasn't insured. I fail to see how the parents of the death and injured child had a legal leg to stand on...

[@SmartTrucking]

Yes. In big cases like this, SOMEONE has to pay. The passenger vehicle driver wouldn't be able to pay, but they knew the trucking company could so that's who they hunt down. Doesn't seem right, but often these cases go like that as the pockets of these companies are deep and the lawyers know it.

[@dave-smarttrucking7515]

Man, I'm with you! Good to chat with you again, by the way!

[@dave-smarttrucking7515]

Yeah Cassius, I don't see it either

[@andreesimpson4302]

Thank you for this story. I remember a similar story I was told while in truck driving school back in 1994. Fortunately the company (Burlington Transport) won the case. The problem with the system is you have these new young hot shot lawyers who are seeking to win a big case to pay for their law school debt and buy a nice house and a Porsche. They play on the jurors emotions to get them to judge against the trucking company. If the truck driving company and driver is guilty then they should be sued. However if the company and driver did everything right then no.

[@dave-smarttrucking7515]

I agree, and you're right, greed on the law firms part played a role in this verdict too!

[@jmendozas197]

I’ve been with Werner for 2.5 years and I don’t really have anything bad to say about them. I think it’s a great starting company. Hoping Werner doesn’t lose this case, as it clearly wasn’t their fault…

[@dave-smarttrucking7515]

I hope they don't lose it either. I should say too, that though I don't like mega carriers, Werner is one of the best run carriers out there. Derek Leathers and Werner make money out there even when the market is soft. It's a well run business. Infuriating to see all of Leathers' hard work just to watch their revenue torpedoed by these unjust lawsuits

[@richvh3961]

The lawyers should go to jail .

[@BM-if9zn]

How come truckers are not up in arms, and stand up in unison to back up the werner driver, who cares if he is a company driver. Oh I forgot it doesn't affect the many. I hope the driver and Werner counter sue all partiea involved in this unjustified outcome. Very sad to see what is going on with the industry and humanity.

[@dave-smarttrucking7515]

Yes it is, and I do think that the Werner driver should counter sue, but what truck driver has the time and the money for that. He probably can barely afford to eat and now his nerves are shot

[@detroit8v715]

When a couple sued McDonald's over coffee for being too hot when it spilled on them, leaving burns while in a car, is anyone surprised over this frivolous lawsuit? Sounds like Werner lawyers didn't point out key facts about the pick up driver and them being out in bad conditions. I drove for Werner back in the late 2000s and didn't care for them but on their side in this matter.

[@dave-smarttrucking7515]

Me too, and I'm not a fan of mega carriers

[@michaelrains2268]

So .....the operator of the car had no D/L presumably no experience in driving, let alone driving in winter conditions, nor do we know if the car was in shape for winter driving, tires, brakes ect ..... meanwhile,2 CDL drivers operating DOT certified equipment professionally & appropriately for winter conditions are the scapegoat! Texas DOT ought to have closed the Interstate if conditions were as unsafe as claimed . If this garbage is not overturned on appeal, there is no justice!

[@dave-smarttrucking7515]

You're right, no mention of the road worthiness of the pick up truck and yes, Texas did Not close the interstate!

[@dave-smarttrucking7515]

Agreed!

[@glennryan9770]

This is a good example of why I have lost all respect for the courts and law enforcement. I spent many years driving across country. The truckers are the laws favorite target.

[@190055joe]

We in AU pay 3rd party insurance which is included in the vehicle registration that covers personal injuries without suing each other.

[@keneldred9030]

Werner & their new driver should definitely win this appeal in this coming court hearing! I could say a WHOLE LOT MORE about this, but I better just leave it @ that!

[@Courtney1992]

Even if they win the verdict that’s more than Alea will make in 2 lifetimes tax free

[@dave-smarttrucking7515]

Yup!

[@montedyoung3247]

That’s a shame, but they are probably saying the weather was bad and the trk shouldn’t have been on the road. It’s not his fault, but if he hadn’t been there it would’ve been someone else getting sued now. I’d have been in the trk stop sleeping or eating, and safe from the courtroom. Car should’ve been driving safer for the weather, if they could’ve been! I only drive when the roads are safe, or when I can control the situations!!! I drive slow as needed, for any situation! You’re a good public speaker D!

[@SmartTrucking]

And there's another good point. If it hasn't been the Werner truck they were suing it just would have been another truck from some other company.

[@dave-smarttrucking7515]

Thanks for the compliment, I think I'm terrible at it! It was hard for me not to get mad during the filming of this one, such a screwing to Werner and their driver

[@paulhasty8388]

And they wonder why they can't find truck driver's anymore! When I drove truck I had people see me coming and pull right out in front of me and how am I supposed to stop with gross weight of 98,000 lbs?

[@mikemikolon3949]

What is really wrong here is that more and more drivers are going to quit driving and then the country is screwed

[@larryjex6485]

I'm glad I got out of the trucking racket. I gave this industry 10 years of my life and that was enough.

[@lordmalice6713]

And people wonder why I no longer drive a truck it doesn't matter what happens the big truck is always at fault

[@jondoh2226]

Things have changed. We can be part of turning this around but we need to get our act together and get involved. More wild stuff like this happens all the time.

[@dave-smarttrucking7515]

Yup, things have changed and maybe we need a plan

[@seamripper0000]

My mom was on a test jury about 5 years ago in Wyoming with a similar case, except they were going after the state. And basically she wouldn't stop bringing up that the road should have been closed. The state settled the case, undisclosed amount. Now Wyoming is much better about closing the interstate when conditions are dangerous, as there had been a number of people killed each year. Going after the state is a very big factor to help lessen these terrible accidents, because if the interstate is open, the trucking companies trust that the roads aren't deadly, and insist that drivers keep going, but the states don't want to close the roads because they lose money. So states have to be hit in the only thing they actually care about, their wallets.

[@britup1]

How would anyone expect a truck driver in training to realistically pay that kind of money?

[@dave-smarttrucking7515]

Ridiculous, right? And the stress from this will be ruining him!

[@BwahSmuglik]

Wow! That's INSANE!!! This is making me rethink my career choice in Trucking!!

[@briant7067]

Wow! Sad injustice!

[@tomshuberg5727]

First of all, how did a judge ever let this into the court and second, how is it a jury ever reached such a disastrous conclusion. Top that off with an appeal that failed? I'd like to know what evidence was presented that could have resulted in what appears an unjust verdict.

[@jimfolkers4425]

My insurance company at the time State Farm. Told me the law was changed in 1975. That anyone that hits you and gets hurt, being they are a fault. Can sue you!!! Unreal!

[@dave-smarttrucking7515]

Is that true in every state? I don't know

[@michaelj3414]

Just one more reason why I now drive shunt at a Walmart DC.

[@carlbarkham3115]

Do a counter. The lawyer’s should be fined as well as they are the ones who told the family what to do.

[@christielawrence4640]

Thank you for this update!!

[@FuzzyFox2]

Kinda makes me want to watch Atlas Shrugged Werner got an Alex Jones verdict!

[@robertbenoit5374]

If it was a little guy with his own authority I really doubt the amount would have been that much.

[@dave-smarttrucking7515]

Hopefully not, hopefully he wouldn't be found guilty at all!

[@TonyM540]

I’m guessing that this outcome will mean that truck insurance companies will have to charge an exorbitant amount of money to insure a truck that it will price owner drivers out of a job or force them to operate without insurance.

[@dave-smarttrucking7515]

Oh, probably!

[@JeffAllison]

I hope Werner takes the cases for both the company and their driver to the Supreme Court, perhaps with whatever cash it takes to fast-track it, and get a precedent set. This is BS.

[@dave-smarttrucking7515]

That's where it's headed!

[@davidallen3873]

I've lost a case like this once when I'm single truck owner operator I kept the peeling kept appealing and I was innocent so I bankrupted company six months later started it again I'm not proud of that option it was my only option

[@dave-smarttrucking7515]

Not right that it had to come to that in the first place

[@Sammy-q5b]

I’m retired driver and I can’t believe the stupidity of people who sit in juries.They think it’s insurance money so it doesn’t cost anyone anything.Definitely a miscarriage of justice. One hundred percent pickup driver fault.

[@appalachianamerican7171]

I sat on a jury for almost the very same thing back in the 90s. And the defendant didn't get a dime, I just asked the other people on the jury with me this question. What if it was you?

[@dave-smarttrucking7515]

Good way to handle that! Well done!

[@piper0428]

NTSB should on act regulations concerning hazardous driving conditions.

[@Patrick_AUBRY]

Also, who's Canadian driver would go to the state... All responsibilities, all liabilities almost no pay!

[@andyrudd1966]

Don’t pay it. File bankruptcy change the company name and go on about your business. Easy. The two individuals can give them the middle finger and live their life. Nothing the courts can do about it.

[@dave-smarttrucking7515]

Yes, losing a suit is one thing, collecting is another

[@orpheus1662]

The judge and the courts might be in cahoots with law firm

[@markraven7316]

No good deed goes unpunished

[@bicyclewoeful]

Driving in winter in a semi is like navigating a maze of land mines. There is never justice for the truck drivers - the only justice a truck driver sees is the car in the ditch three minutes after speeding past him in a winter storm.

[@dave-smarttrucking7515]

Yes and I have to admit, I do like seeing that kind of justice!

[@MS-oz2wu]

Wener is completely innocent. If the government doesn't want CMV on the road when iced up they need to keep the road free from ice.

[@dave-smarttrucking7515]

Exactly!

[@kevinkevin6806]

That’s the most info I’ve heard on this crazy case. Thanks You pointed out thing I didn’t even think of

[@dave-smarttrucking7515]

Thanks for watching!

[@brentmenier3442]

My prayers go out to you and the trucking company

[@kellyroberts560]

as a new driver this scares the hell out of me.

[@dave-smarttrucking7515]

So it should! Scares the hell out of all of us!

[@fljetgator1833]

Prayers for the victims and their families! 🙏 Valid QUESTION: is Salinas here legally? Perhaps. Yet maybe not. Just curious. Either way... they SHOULD be suing THE STATE!! Keep our roads SANDED when icy weather presents.

[@dave-smarttrucking7515]

Good question about Salinas and I don't know the answer to that!

[@johnbante5594]

You should name the lawyers, judges and jurors involved. Cite the case and I'll look it up for you.

[@dave-smarttrucking7515]

All I can tell you is that it was the Penn Law Firm that won the judgement against Werner

[@jjosephm7539]

If the semi was on his side of the road and driving below the speed limit that fault lies with the vehicle that crossed to the wrong side. Damages have been awarded but, the injured parties will expire before damages are ever recovered

[@dave-smarttrucking7515]

Good points!

[@chris.eskimo]

This should NOT happen! Where is our supposed ' of the people, for the people ' government? Oh, that's right, THEY allow this to happen!!

[@delivery_man99]

With this type of verdict would any company or driver want to haul freight during winter or any other potentially dangerous weather conditions.

[@thomaswallace7059]

So, the professional driver loses the case, when the driver of the pick up didn't have a license? We live in such a misguided society

[@dave-smarttrucking7515]

No kidding!

[@arthursmith9264]

I total agree & its time for Drivers actually too start sueing themselves & see what they can get out of counter lawsuit & sadly no matter what its all on the Truck & sad situation & Happy Trails

[@joeyojoeyo3613]

No way, what kind of judges or juries would judge that way. I am a former Professional and Driver Instructor. This decision is outrageous.

[@dave-smarttrucking7515]

Yes it is!!

[@jeffchristman6808]

This is insane

[@carlin7322]

Court system is so corrupted. Those judges should be disbarred

[@mattpower8394]

The judges in this case should be disbarred!

[@cubbysrig]

There is so much at stake here. It’s not just mega carriers and their drivers who are at risk, financially. I’m really surprised that some company hasn’t offered to sell driver insurance just for CDL holders, that will cover situations like these. Of course, it may come to that, where all CDL holders will have to provide proof of insurance like that, in order to keep one’s CDL valid, but at what cost to the drivers, the industry, even commerce in general? We are literally going to price ourselves out of a job and commerce system. Law suits like these are almost as damaging as the accidents they are seeking reparations from. We all will end up paying, in one form or another. After 35 years, it may be time to hang up my keys and get a job at Home Depot.

[@dave-smarttrucking7515]

Yes! And some states now, Florida is the first I believe, are passing laws to restrict these nuclear verdicts because they're getting out of hand, like this one in Texas did

[@johnwren3976]

Werner and Ali are the actual victims here. The unlicensed pickup driver lost control, crossed the center divider and hit the Werner truck. Were it not for Salinas' negligence there would be no accident or damages. The decisions so far stands logic & justice on its head.

[@dave-smarttrucking7515]

Agreed!

[@christopherclanton1986]

You’re a good one. I respect your opinion

[@dave-smarttrucking7515]

Thank you sir, I appreciate it!

[@rogerpenske2411]

Well now you know why doctors are for the most part, employees of a medical facility or corporation. The insurance and the nuclear judgment became edition signed up for people to practice medicine

[@dave-smarttrucking7515]

Good point Roger!

[@jimgarofalo5479]

How is it that Werner did everything right and the pickup driver did everything wrong, but Werner loses? This is proof that the system is broken. Badly broken. Sad for the injured, crippled and dead, but it just isn't fair for Werner to have to pay for it all.

[@dave-smarttrucking7515]

Agreed. They did find the pick up truck driver guilty as partially at fault. Fined him 16 million that you know he hasn't got, so that will go nowhere

[@marcpederson384]

Were the kids properly belted in? Were there too many in the cab of a pu? Would it have happened if they were not out there? Business over no reason to be out there?