Ryan Bradley | September 25, 2024 | Tractor Trailer Crash
A tractor trailer verdict in St. Louis has resulted in a major trailer manufacturer liable for $462 million in damages connected to the tragic deaths of two young fathers in 2019. The accident occurred when their vehicle slid beneath a tractor-trailer that had slowed down for traffic on Interstate 55 near an exit in downtown St. Louis.
Tractor-Trailer Underride Verdict
This case was an exceptionally difficult case beacuse the decedent apparently rear-ended the trailer at relatively high speed. Under Missouri law, there is a presumption of neglience for the driver that rear-ends another vehicle. However, in this case, attorney John Simon, successfully navigated the jury to placing fault on the trailer manufacturer. It should be noted that John Simon, one of the top lawyers in the St. Louis area, and a person whom I call a friend, has obtained over 1 Billion dollars in recoveries in just the last year in 3 separate trials.
The jury’s tractor trailer verdict, delivered on September 5, included $12 million in compensatory damages and a substantial $450 million in punitive damages against Wabash National Corp. The decision came after roughly three hours of jury deliberation following a two-week trial.
The jury assigned 65% of the responsibility to Wabash National, while the driver of the car involved in the crash was deemed 35% responsible for the accident.
The lawsuit was initiated in 2020 by the families of the victims, Taron Tailor, who was driving the vehicle, and his passenger, Nicholas Perkins. Both men died at the scene after their Volkswagen CC collided with the back of a tractor-trailer that had stopped for traffic near an exit ramp.
The crash occurred when the rear impact guard, a safety feature on the trailer, failed to prevent the car from sliding underneath, resulting in what is known as an underride crash.
The collision took place on May 19, 2019, around 2:30 p.m. Tailor, who was 30 years old at the time, and Perkins, 23, both died instantly. Perkins left behind a 2-year-old daughter, and Tailor’s wife was pregnant at the time of the accident.
At trial, the plaintiffs’ attorneys argued that Wabash National ignored years of research and warnings about the ineffectiveness of its rear impact guards in preventing underride crashes.
John G. Simon, the lead attorney for the plaintiffs, commended the families for their persistence in holding Wabash National accountable, stating, “These families deserve recognition for their bravery in pursuing this case. They’ve held Wabash responsible for years of neglect when it comes to preventing underride crashes.”
The large punitive damages were based on the plaintiff’s argument that Wabash National could have spent $15 million annually to build safer rear impact guards over the last three decades, which the company failed to do. The jury awarded $6 million in compensatory damages to each of the two families.
Wabash National, listed on the New York Stock Exchange as WNC, did not immediately respond to inquiries. However, in a written statement, the company expressed its disagreement with the verdict and indicated it was evaluating all available legal options in response.
“While this accident is undoubtedly a tragedy, we respectfully disagree with the jury’s verdict and believe it is unsupported by the facts or the law,” said Kristin Glazner, general counsel and chief administrative officer for Wabash. She further stated that no existing rear impact guard technology could have prevented the outcome in this particular case.
Wabash also pointed out that the trailer involved in the crash was manufactured nearly two decades earlier and had been fully compliant with regulations at the time. The company raised concerns that the jury was not informed of key evidence, including the fact that the driver’s blood alcohol content was above the legal limit at the time of the crash, and that neither the driver nor the passenger was wearing a seatbelt.
Underride crashes, where a car slides underneath a large truck or trailer, have been a long-standing safety concern. A 2023 joint investigation by ProPublica and PBS’ Frontline highlighted the lack of regulatory action on this issue, despite years of credible research. The investigation found that the National Highway Traffic Safety Administration (NHTSA) has consistently failed to implement regulations to reduce the risks posed by underride crashes, calling it a case study in regulatory inaction.
Underride crashes are a deadly hazard on U.S. highways. According to the Insurance Institute for Highway Safety (IIHS), in 2020, 850 people were killed in accidents involving large trucks, and many of these fatalities were the result of underride collisions. These types of crashes, which make up nearly 20% of fatal truck accidents, are often catastrophic, frequently resulting in severe injuries or decapitation due to the vehicle’s intrusion under the truck.
Efforts to strengthen regulations have moved slowly. Despite crash test evidence that suggests enhanced rear impact guards could prevent up to 75% of fatalities in rear underride crashes, the trucking industry has resisted calls for mandatory upgrades due to cost concerns, as noted in IIHS studies.
In this tragic case, both Tailor and Perkins suffered fatal injuries due to the failure of the trailer’s rear impact guard. Based on 2024 data provided by the plaintiffs’ legal team, they estimated at least 14,350 known deaths from rear underride crashes, a figure that excludes fatalities from side underride incidents. Experts believe the actual number of fatalities could be significantly higher.
Tractor-trailer accidents usually cause severe injury and death on the roadways. The Federal Motor Carrier Safety Regualtions are minimum standards and violation of those can result in catastrophic results for reckless truckers and trucking companies, as we see in this verdict. Hopefully, trailer manufacturers will take notice of this St. Louis, Mo jury’s tractor trailer verdict and take proactive steps to ensure underride accidents are prevented.