Kentucky Company Found Negligent in Truck Accident

November 21, 2011

Kentucky trucking company Dunaway Timber Company has been ordered to pay $7 million in damages to the family of a Missouri man who was killed by one of their truck drivers in Yellville Arkansas. On September 3, 2008, Morgan Quisenberry was driving a tractor-trailer when it crossed the center line and hit two passenger vehicles before colliding with the cab of the victim's tractor-trailer. The victim was able to climb out of the cab, but became trapped under the burning vehicle. He died before arriving at the hospital, leaving a wife and two children.

This was not the first truck accident Mr. Quisenberry had caused. Before being hired by Dunaway, he had been in an accident while hauling hazardous materials. He had also lost his license twice for driving under the influence. While Dunaway Timber wasn't aware of these infractions because Mr. Quisenberry lied on his application, the information could have been obtained through a background search that would have taken little time and cost the company about $15.00.

While Mr. Quisenberry was not actually intoxicated at the time of the accident, he was fatigued, which can have the same effect on a person's driving ability as being under the influence of alcohol or drugs. He had been driving three hours longer than allowed. Laws forbid truck drivers to drive more than 11 out of 14 straight hours before taking a 10-hour break. Mr. Quisenberry knew that he had exceeded the number of hours allowed and falsified the information in his log book.

Taking all of this information into consideration, the jury determined that the driver was 25 percent responsible for the accident and the company was 75 percent responsible. How can the company be more responsible than the person actually operating the vehicle? The company hired Quisenberry without doing a background check on his driving record and sent him out only 19 days after he was hired, allegedly without adequate training. The route the company assigned to him could not be completed in less than 13 hours, well over the 11-hour driving limit, forcing him to drive while fatigued. Supervision and oversight by the company were lacking. All of these factors caused the jury to find Dunaway Timber guilty of negligent hiring and negligent supervision. The driver's smaller percentage of fault was most likely attributed to his allowing the trailer of his truck to cross over the center of the road while he was driving around a curve and falsifying the number of hours he had driven in one shift in his log book.

Trucking accidents can be caused by a variety of other reasons, including driving under the influence of drugs or alcohol, talking or texting on a cell phone while driving, driving loads that exceed specific weight limits, and improper maintenance on the vehicle. Because of the sheer size of these vehicles, accidents involving one or more commercial trucks often result in serious injuries or death. The Kentucky accident attorneys at Miller & Falkner have been helping truck accident victims for over eight years. Please contact them if you require legal assistance.

Sources:

Arkansas federal jury awards $7 million to victim in big rig crash; Kentucky company to pay; Arkansas Democrat-Gazette; Adam Wallworth; November 12, 2011
Langdon & Emison obtains $7 million in truck accident verdict; kcstar.com; November 10, 2011