The facts
Traffic was backed up on the highway due to construction in the area. A log truck driver for XYZ Acme Trucking was moving slowly and noted that a motorcyclist had pulled to the side of the road; the truck driver slowly began to pass. Unfortunately, the motorcyclist pulled out at the same time and collided with the log truck’s trailer. The motorcyclist suffered significant injury and there was minor damage to the trailer. Because of the slow traffic, there were multiple witnesses, with the one witness directly behind the log truck having a clear view of the accident. The log truck driver called his employer who immediately drove to the scene, arriving within 10 minutes. The owner of XYZ Acme Trucking was concerned with the injured party and focused his energy on him while at the scene.
The results
Although witnesses on the scene placed blame on the motorcyclist, a jury found XYZ Acme Trucking liable for the motorcyclist’s injuries – with medical bills approaching $1,000,000, plus legal costs.
The remedy
- Driver training should include guidance on what to do when pedestrians, bicyclists, etc. are in the driver’s vicinity.
- The company should consider new electronic technology that detects vehicles in a blind spot.
- Always advise the insurance carrier of any accident, even if damage is minor and/or there is no bodily injury.
Risk factors
Risk factor #1
Drivers should not attempt to pass vehicles, cyclists, or pedestrians, unless they are a safe distance from the road.
Risk factor #2
Be aware of the accident site and look for opportunities to begin the investigation.
* The claims scenario is strictly documented for illustrative purposes only and provides an example of what a policy could cover. It is intended to provide a general overview of the program described. Please remember only the insurance policy can give actual terms, coverage, amounts, conditions and exclusions. Program availability and coverage are subject to individual underwriting criteria.