Intentional Disregard for Driver Safety
From 1972-2002, L.E. Myers reported to OSHA at least 35 deaths from linemen working on high-voltage power lines.
L.E. Myers defense maintained that the company could not be expected to prevent employee errors--despite numerous safety short-cuts.
The OSHA Commission ruled that federal law holds companies accountable for the failure of supervisors to enforce safety rules.
The precedent is clear with regards to Werner Enterprises. For years, we have heard Werner give excuses like, "…it’s the nature of the business" and "…it’s the nature of the industry." Since a dispatcher acts as a Supervisor, any DOT violation that occurs with the knowledge and condonation of the dispatcher becomes an intentional disregard for driver safety. Werner Enterprises is held accountable. I wonder how many drivers sued Werner claiming OSHA violations. One thing is certain--the DOT doesn’t act against Werner. Werner’s safety record during the past five years is proof positive that inaction is deadly.
If you are going to sue Werner Enterprises, the linemen’s OSHA case is your fodder.
---WernerScrews 10-4
Tuesday, November 25, 2003
Friday, November 07, 2003
A few months ago, WernerScrews was banned from TruckZ.com’s forum. The flimsy reason was WernerScrews perpetuated slander against Werner Enterprises. The fact is TruckZ.com had strong financial interest to keep Werner Enterprises as a "good pal." Those little banners on web sites generate revenue and money is what trucking is all about. Naive and desperate students keep companies like TruckZ.com in business.
The issue came up about highway fatalities and what Werner Enterprises has been doing about it. The argument was this, crash statistics—a tragic part of trucking—cannot be blamed on the carrier, but it is the driver who is wholly responsible for safety.
WernerScrews begs to differ. For the past four years, safety at Werner Enterprises has been decreasing. Highway fatalities and crashes are increasing at an alarming rate! WernerScrews believes that the QualComm is the nexus of tragedy. Werner uses the QualComm to their corporate advantage. Driver’s safety is not, and never will be, an issue.
TruckZ.com had the audacity to claim WernerScrews was delighted to report about these causalities. It doesn’t! To date, I don’t see one website that scrutinizes Werner. TruckZ.com likes to report about the fluffy issues of trucking life--like women flashing their breasts at drivers. Get real TruckZ.com!! TruckZ.com will never discuss Werner’s safety problems. This Chart shows Werner's declining safety during the past five years.
The DOT released the 2002 crash statistics for Werner Enterprises--One fatal crash for every 391 tractors and one crash for every 15 tractors. While taking a trip out West, I saw over 15 Werner trucks and I wondered if the Werner driver was wide awake and in command of his vehicle. If I pass a second Werner truck, what’s his/her condition? The general public doesn’t have an idea how deadly Werner is. That’s why Werner has a public relations dragster.
One question needs to be answered by Werner Enterprises. What has Werner been doing to increase safety? To date all their efforts appear fruitless.
The last issue, if Werner cannot reform itself, it’s time the government stop being lethargic and take crucial steps to reform trucking and increase highway safety. Werner Enterprises is a menace to society and they have no right to be in business.
---WernerScrews 10-4
The issue came up about highway fatalities and what Werner Enterprises has been doing about it. The argument was this, crash statistics—a tragic part of trucking—cannot be blamed on the carrier, but it is the driver who is wholly responsible for safety.
WernerScrews begs to differ. For the past four years, safety at Werner Enterprises has been decreasing. Highway fatalities and crashes are increasing at an alarming rate! WernerScrews believes that the QualComm is the nexus of tragedy. Werner uses the QualComm to their corporate advantage. Driver’s safety is not, and never will be, an issue.
TruckZ.com had the audacity to claim WernerScrews was delighted to report about these causalities. It doesn’t! To date, I don’t see one website that scrutinizes Werner. TruckZ.com likes to report about the fluffy issues of trucking life--like women flashing their breasts at drivers. Get real TruckZ.com!! TruckZ.com will never discuss Werner’s safety problems. This Chart shows Werner's declining safety during the past five years.
The DOT released the 2002 crash statistics for Werner Enterprises--One fatal crash for every 391 tractors and one crash for every 15 tractors. While taking a trip out West, I saw over 15 Werner trucks and I wondered if the Werner driver was wide awake and in command of his vehicle. If I pass a second Werner truck, what’s his/her condition? The general public doesn’t have an idea how deadly Werner is. That’s why Werner has a public relations dragster.
One question needs to be answered by Werner Enterprises. What has Werner been doing to increase safety? To date all their efforts appear fruitless.
The last issue, if Werner cannot reform itself, it’s time the government stop being lethargic and take crucial steps to reform trucking and increase highway safety. Werner Enterprises is a menace to society and they have no right to be in business.
---WernerScrews 10-4
Sunday, October 26, 2003
The most beautiful landfill in America—the Fillmore County Waste Management facility
In light of the "contributions" Mr. Clarence Werner and Werner Enterprises have bestowed to the State of Nebraska and humanity, WernerScrews hereby decrees the Fillmore County Landfill christened: Mt. Werner.
This opprobrium conferred solemnly to Mr. Clarence Werner on Friday, October 24, 2003 A.D. outside of Seward, Nebraska in recognition for future generations to bethink Mr. Werner’s infamy.
Since 1998, fifty-one drivers and motorists have lost their lives after Werner Enterprises introduced computerized dispatch and monitoring. To date, Werner Enterprises has not addressed any safety issues.
Three ways Werner Enterprises resembles a landfill:
CONTENTS:
Garbage
ESSENCE:
Full of methane
PERSITENCE:
Leeches into the soil--contaminating water and soil for future generations
---WernerScrews 10-4
In light of the "contributions" Mr. Clarence Werner and Werner Enterprises have bestowed to the State of Nebraska and humanity, WernerScrews hereby decrees the Fillmore County Landfill christened: Mt. Werner.
This opprobrium conferred solemnly to Mr. Clarence Werner on Friday, October 24, 2003 A.D. outside of Seward, Nebraska in recognition for future generations to bethink Mr. Werner’s infamy.
Since 1998, fifty-one drivers and motorists have lost their lives after Werner Enterprises introduced computerized dispatch and monitoring. To date, Werner Enterprises has not addressed any safety issues.
Three ways Werner Enterprises resembles a landfill:
CONTENTS:
Garbage
ESSENCE:
Full of methane
PERSITENCE:
Leeches into the soil--contaminating water and soil for future generations
---WernerScrews 10-4
Friday, October 24, 2003
The latest high-tech gizmo since Omni-Tracks
Heralded as a revolution in trailer logistics
UTAM: Untethered Trailer Asset Management: by QualComm
Werner’s statement:
“…intended to meet the real-world needs of carriers, including cargo security and cost savings per load.” Greg Werner
Werner Enterprises will never buy any technology that would increase highway safety or the safety of their drivers.
---WernerScrews 10-4
Heralded as a revolution in trailer logistics
UTAM: Untethered Trailer Asset Management: by QualComm
Werner’s statement:
“…intended to meet the real-world needs of carriers, including cargo security and cost savings per load.” Greg Werner
Werner Enterprises will never buy any technology that would increase highway safety or the safety of their drivers.
---WernerScrews 10-4
Monday, October 20, 2003
Saturday, October 18, 2003
Nothing new at Werner. The Screw-O-Matic will get reprogrammed, but will still be working at 100% screwing efficiency.
---------------------------------------------------------
Business Wire Report
---------------------------------------------------------
"Werner Enterprises has completed software reprogramming for the new hours of service rules of its proprietary Paperless Log System (PLS) that is used to (1) monitor driver hours of service on a real-time basis and (2) preplan the assignment of shipments to drivers based on their available driving hours."
Werner Enterprises would not reprogram their software because of driver safety issues. Federal compliance is the issue.
No major changes over at Werner.
"Since the annual driver turnover rate in the truckload industry exceeds 100% per year, the competitive market would likely require carriers to raise the rate of pay per mile to drivers if miles decline."
Sure. Business Wire must think C.L. Werner is a fool. Werner will open a terminal in India, train drivers in India and have the neophytes move to the U.S. Werner will always follow the cheapest path.
What of Werner driver/highway motorist safety? That issue was not brought up in this article. Werner's revenue is far more important.
---------------------------------------------------------
Business Wire Report
---------------------------------------------------------
"Werner Enterprises has completed software reprogramming for the new hours of service rules of its proprietary Paperless Log System (PLS) that is used to (1) monitor driver hours of service on a real-time basis and (2) preplan the assignment of shipments to drivers based on their available driving hours."
Werner Enterprises would not reprogram their software because of driver safety issues. Federal compliance is the issue.
No major changes over at Werner.
"Since the annual driver turnover rate in the truckload industry exceeds 100% per year, the competitive market would likely require carriers to raise the rate of pay per mile to drivers if miles decline."
Sure. Business Wire must think C.L. Werner is a fool. Werner will open a terminal in India, train drivers in India and have the neophytes move to the U.S. Werner will always follow the cheapest path.
What of Werner driver/highway motorist safety? That issue was not brought up in this article. Werner's revenue is far more important.
Friday, October 17, 2003
Tuesday, September 16, 2003
Mr. Werner, don't blame WernerScrews for Werner's problems. Be a man and straighten your company out. If you can't, hire someone who can!
--------------------------
Staff, news services
September 15, 2003
Truck destroyed by fire on I-5
Drivers on Interstate 5 south of Salem spent a good part of Sunday going nowhere, as traffic came to a standstill on Ankeny Hill after a truck crashed and caught fire.
The crash occurred after 7 a.m. between mileposts 244 and 243 when a truck from Nebraska-based Werner Enterprises struck the metal guardrail. The impact caused sparks to ignite diesel fuel that escaped from the truck’s punctured tanks.
The truck, carrying a partial load of tires, remained upright, but fire engulfed the truck and spread to grass growing near the roadway.
The incident closed southbound I-5 until 3:30 p.m., according to the Oregon State Police, and caused a backup that stretched as far as 15 miles as motorists were squeezed onto side roads.
All lanes were reported open at 3:30 p.m. The crash is being investigated, Hageman said.
------------------------
I would love to hear the results of this investigation!
---WernerScrews 10-4
--------------------------
Staff, news services
September 15, 2003
Truck destroyed by fire on I-5
Drivers on Interstate 5 south of Salem spent a good part of Sunday going nowhere, as traffic came to a standstill on Ankeny Hill after a truck crashed and caught fire.
The crash occurred after 7 a.m. between mileposts 244 and 243 when a truck from Nebraska-based Werner Enterprises struck the metal guardrail. The impact caused sparks to ignite diesel fuel that escaped from the truck’s punctured tanks.
The truck, carrying a partial load of tires, remained upright, but fire engulfed the truck and spread to grass growing near the roadway.
The incident closed southbound I-5 until 3:30 p.m., according to the Oregon State Police, and caused a backup that stretched as far as 15 miles as motorists were squeezed onto side roads.
All lanes were reported open at 3:30 p.m. The crash is being investigated, Hageman said.
------------------------
I would love to hear the results of this investigation!
---WernerScrews 10-4
Wednesday, August 20, 2003
Werner Drivers:
Want to spill a drink on C.L.? That honor will cost you $5000 per team, so save up. This exclusive shootout is NOT designed for a Werner driver's empty pocket.
Kind of sad that the Boy Scouts would take money from an outfit like Werner.
-----------------------------------------------------------
News Story
-----------------------------------------------------------
Second annual Shoot-Out for Boy Scouts
Events include:
Pistol Range
5-Stand
Sporting Clays
The event will be held at C.L. Werner's "Werner Valley Shooting Fields," near Valley, Nebraska. Werner started Werner Enterprises as a one-man, one-truck operation and built it into one of the largest trucking operations in the country.
++++++++++++++++++++
C.L. Werner single-handedly built the company with his sweat and muscle. I love reading corporate history, but all the company histories seem the same.
++++++++++++++++++++
Over the course of 45 years, Werner, who is chairman, CEO, and founder of Werner Enterprises, has led the increase of his company's fleet from one truck to more than 7,900 trucks and 19,855 trailers. Since its founding in 1956, Werner Enterprises has been committed to giving back to the community and its people.
++++++++++++++++++
It's a tax write off. Spare me. "Community" my wet-brown anus!
++++++++++++++++++
Werner Valley is a hunter's dream site ... sporting clays, pistol ranges, and a world-class collection of exotic and world-class mounts, including a white bison, are on display at Werner Valley. C.L.'s extensive gun collection includes the prop tommy gun used by actor Tom Hanks in the movie "Saving Private Ryan."
++++++++++++++++++++++
"Watch it boy...C.L. Werner is going to shot your privates." Yes, in more ways than one.
Excuse me, I am going to throw-up.
++++++++++++++++++++++
The Mid-America Council, Boy Scouts of America, is the largest youth-serving agency in Nebraska, Iowa, and South Dakota. The Council serves more than 35,067 youth in 58 counties. The Council is headquartered in Omaha and is supported by 10,946 volunteer leaders.
The Boy Scouts of America has a proud tradition of preparing young people for leadership with character building programs that instill timeless values. These programs include Cub Scouts (1st-5th grade), Boy Scouting (6th-12th grade), Varsity Scouting (young men ages 14-17), Venturing (co-ed, young adults ages 14-21), Learning for Life (grades K-12), Exploring (co-ed, young adults ages 14-21), Juvenile Diversion (co-ed, ages 10-17), Teen Court
(co-ed, ages 13-17) and Scoutreach (boys 1st-12th grade).
+++++++++++++++++++++++
If the Boy Scouts idolize C.L. Werner, proper role models appear to be an endangered species. Oh, kind of like the exotic world-class mounts C.L. takes pleasure in viewing.
+++++++++++++++++++++++
The Fun Starts Now, And The Values Last A Lifetime
+++++++++++++++++++++++
What values? What ethics? Satan has more honor!
+++++++++++++++++++++++
WHERE: Werner Valley Ranch/Shooting Fields Valley, Nebraska (just northwest of Omaha)
WHO: Hosted by Werner Enterprises
WHEN: Friday, September 19, 2003
WHY: Fund-raiser for Mid-America Council, Boy Scouts of America
-------------------------------------------------------
Enough said.
---WernerScrews 10-4
Want to spill a drink on C.L.? That honor will cost you $5000 per team, so save up. This exclusive shootout is NOT designed for a Werner driver's empty pocket.
Kind of sad that the Boy Scouts would take money from an outfit like Werner.
-----------------------------------------------------------
News Story
-----------------------------------------------------------
Second annual Shoot-Out for Boy Scouts
Events include:
Pistol Range
5-Stand
Sporting Clays
The event will be held at C.L. Werner's "Werner Valley Shooting Fields," near Valley, Nebraska. Werner started Werner Enterprises as a one-man, one-truck operation and built it into one of the largest trucking operations in the country.
++++++++++++++++++++
C.L. Werner single-handedly built the company with his sweat and muscle. I love reading corporate history, but all the company histories seem the same.
++++++++++++++++++++
Over the course of 45 years, Werner, who is chairman, CEO, and founder of Werner Enterprises, has led the increase of his company's fleet from one truck to more than 7,900 trucks and 19,855 trailers. Since its founding in 1956, Werner Enterprises has been committed to giving back to the community and its people.
++++++++++++++++++
It's a tax write off. Spare me. "Community" my wet-brown anus!
++++++++++++++++++
Werner Valley is a hunter's dream site ... sporting clays, pistol ranges, and a world-class collection of exotic and world-class mounts, including a white bison, are on display at Werner Valley. C.L.'s extensive gun collection includes the prop tommy gun used by actor Tom Hanks in the movie "Saving Private Ryan."
++++++++++++++++++++++
"Watch it boy...C.L. Werner is going to shot your privates." Yes, in more ways than one.
Excuse me, I am going to throw-up.
++++++++++++++++++++++
The Mid-America Council, Boy Scouts of America, is the largest youth-serving agency in Nebraska, Iowa, and South Dakota. The Council serves more than 35,067 youth in 58 counties. The Council is headquartered in Omaha and is supported by 10,946 volunteer leaders.
The Boy Scouts of America has a proud tradition of preparing young people for leadership with character building programs that instill timeless values. These programs include Cub Scouts (1st-5th grade), Boy Scouting (6th-12th grade), Varsity Scouting (young men ages 14-17), Venturing (co-ed, young adults ages 14-21), Learning for Life (grades K-12), Exploring (co-ed, young adults ages 14-21), Juvenile Diversion (co-ed, ages 10-17), Teen Court
(co-ed, ages 13-17) and Scoutreach (boys 1st-12th grade).
+++++++++++++++++++++++
If the Boy Scouts idolize C.L. Werner, proper role models appear to be an endangered species. Oh, kind of like the exotic world-class mounts C.L. takes pleasure in viewing.
+++++++++++++++++++++++
The Fun Starts Now, And The Values Last A Lifetime
+++++++++++++++++++++++
What values? What ethics? Satan has more honor!
+++++++++++++++++++++++
WHERE: Werner Valley Ranch/Shooting Fields Valley, Nebraska (just northwest of Omaha)
WHO: Hosted by Werner Enterprises
WHEN: Friday, September 19, 2003
WHY: Fund-raiser for Mid-America Council, Boy Scouts of America
-------------------------------------------------------
Enough said.
---WernerScrews 10-4
Monday, August 11, 2003
At Werner Enterprises you get NO respect. That's what WernerScrews has been telling customers/public for over two years.
Why?
It's in their culture!
-----------------------------------------------
( BW)(WA-CUSTOMER-RESPECT) Transportation, Distribution & Logistics Firms Could Boost Business By Lifting Customer Online Experience: The Customer Respect Group Study
Business Editors/High-Tech Writers
BELLEVUE, Wash.--(BUSINESS WIRE)--Aug. 11, 2003--
US Postal Service Shows Highest Overall Customer Respect; 39 Percent of Firms Don't Respond to Web Site Inquiries
The Customer Respect Group, an international research and consulting firm that focuses on how corporations treat their customers online, today released the results of its Summer 2003 Online Customer Respect Study of the transportation, distribution and logistics firms that rank among the country's largest 1000 companies.
One factor that negatively contributed to lackluster scores, according to the report, is that 39 percent of companies don't respond to inquiries made at their Web site. Overall, the US Postal Service scored highest in Customer Respect, while Trinity Industries scored lowest.
The study is the only to bring objective measure to the analysis of corporate performance from an online customer's perspective. It assigns a Customer Respect Index (CRI(TM)) to each company. The Customer Respect Index is a qualitative and quantitative in-depth analysis and independent measure of a customer's online experience when interacting with companies via the Internet.
"While we were heartened to see some very good results within the sector," said Terri McNulty, CEO of The Customer Respect Group, "too many firms haven't gotten the message that treating customers with respect online will improve their business. If those firms focus on key areas such as clarity of privacy principles and interaction with online customers, they'll see improved CRI scores and more satisfied customers."
By looking at more than 1000 Web sites across a spectrum of industries in detail, The Customer Respect Group has determined 25 different attributes that combine to create the entire online customer experience. These attributes have been grouped together and measured as indicators of Privacy (respects customer privacy), Principles (values and respects customer data), Attitude (customer-focus of site), Transparency (open and honest policies), Simplicity (ease of navigation), and Responsiveness (quick and thorough responses to inquiries). Combined they measure a company's overall Customer Respect.
The highest ranked organization within the sector was US Postal Service at (8.8 out of 10), while the lowest was Trinity Industries at 2.7. The sector's average was 5.6. Beyond these scores, the report conveys in great detail improvement opportunities for each company. The sector's Summer 2003 ranking is as follows:
Company Name Overall
United States Postal Service 8.8
FedEx Corporation 8.5
J.B. Hunt Transport Services, Inc. 8.3
Ryder System, Inc. 7.6
The Pittston Company 7.5
Yellow Corporation 7.5
Amerco 7.4
Alexander & Baldwin, Inc. 7.2
C. H. Robinson Worldwide, Inc. 7.0
United Parcel Service, Inc. 7.0
Airborne Inc. 6.1
Polaris Industries Inc. 5.6
Roadway Corporation 5.2
DHL 4.9
Expeditors International of Washington, Inc. 4.8
Arkansas Best Corporation 4.8
Pacer International, Inc. 4.6
Landstar System, Inc. 4.3
Hub Group Inc. 4.1
Harley-Davidson, Inc. 4.1
USFreightways Corporation 4.1
Werner Enterprises, Inc. 3.8
CNF Inc. 3.8
EGL, Inc. 3.7
Brunswick Corporation 3.5
Swift Transportation Company, Inc. 3.3
Trinity Industries, Inc. 2.7
---------------------------
Industry Average 5.6
------------------------------------------------
How important is that load? Think before you pick Werner.
---WernerScrews 10-4
Why?
It's in their culture!
-----------------------------------------------
( BW)(WA-CUSTOMER-RESPECT) Transportation, Distribution & Logistics Firms Could Boost Business By Lifting Customer Online Experience: The Customer Respect Group Study
Business Editors/High-Tech Writers
BELLEVUE, Wash.--(BUSINESS WIRE)--Aug. 11, 2003--
US Postal Service Shows Highest Overall Customer Respect; 39 Percent of Firms Don't Respond to Web Site Inquiries
The Customer Respect Group, an international research and consulting firm that focuses on how corporations treat their customers online, today released the results of its Summer 2003 Online Customer Respect Study of the transportation, distribution and logistics firms that rank among the country's largest 1000 companies.
One factor that negatively contributed to lackluster scores, according to the report, is that 39 percent of companies don't respond to inquiries made at their Web site. Overall, the US Postal Service scored highest in Customer Respect, while Trinity Industries scored lowest.
The study is the only to bring objective measure to the analysis of corporate performance from an online customer's perspective. It assigns a Customer Respect Index (CRI(TM)) to each company. The Customer Respect Index is a qualitative and quantitative in-depth analysis and independent measure of a customer's online experience when interacting with companies via the Internet.
"While we were heartened to see some very good results within the sector," said Terri McNulty, CEO of The Customer Respect Group, "too many firms haven't gotten the message that treating customers with respect online will improve their business. If those firms focus on key areas such as clarity of privacy principles and interaction with online customers, they'll see improved CRI scores and more satisfied customers."
By looking at more than 1000 Web sites across a spectrum of industries in detail, The Customer Respect Group has determined 25 different attributes that combine to create the entire online customer experience. These attributes have been grouped together and measured as indicators of Privacy (respects customer privacy), Principles (values and respects customer data), Attitude (customer-focus of site), Transparency (open and honest policies), Simplicity (ease of navigation), and Responsiveness (quick and thorough responses to inquiries). Combined they measure a company's overall Customer Respect.
The highest ranked organization within the sector was US Postal Service at (8.8 out of 10), while the lowest was Trinity Industries at 2.7. The sector's average was 5.6. Beyond these scores, the report conveys in great detail improvement opportunities for each company. The sector's Summer 2003 ranking is as follows:
Company Name Overall
United States Postal Service 8.8
FedEx Corporation 8.5
J.B. Hunt Transport Services, Inc. 8.3
Ryder System, Inc. 7.6
The Pittston Company 7.5
Yellow Corporation 7.5
Amerco 7.4
Alexander & Baldwin, Inc. 7.2
C. H. Robinson Worldwide, Inc. 7.0
United Parcel Service, Inc. 7.0
Airborne Inc. 6.1
Polaris Industries Inc. 5.6
Roadway Corporation 5.2
DHL 4.9
Expeditors International of Washington, Inc. 4.8
Arkansas Best Corporation 4.8
Pacer International, Inc. 4.6
Landstar System, Inc. 4.3
Hub Group Inc. 4.1
Harley-Davidson, Inc. 4.1
USFreightways Corporation 4.1
Werner Enterprises, Inc. 3.8
CNF Inc. 3.8
EGL, Inc. 3.7
Brunswick Corporation 3.5
Swift Transportation Company, Inc. 3.3
Trinity Industries, Inc. 2.7
---------------------------
Industry Average 5.6
------------------------------------------------
How important is that load? Think before you pick Werner.
---WernerScrews 10-4
Friday, October 18, 2002
I was wondering why Werner was all jumpy. This article is why!!!!!
--------------------------------------
News Story
---------------------------------------
Lawyer links trucker's messaging system to fatal crash
Margaret Gibbons, Special to The Mercury October 04, 2002
NORRISTOWN -- A truck driver's use of an onboard electronic messaging system was a major factor in the fiery 1999 multi-vehicle crash on the Schuylkill Expressway that resulted in the death of two motorists, including a Limerick man, according to the lawyers who represented the family of one of the victims.
"This accident could have been prevented and lives saved if the driver of the tractor-trailer would have been paying more attention," said lawyer Peter M. Villari of the Lansdale law firm Ostroff, Villari & Kusturiss.
But it is Werner Enterprises Inc. more so than its driver that must shoulder responsibility for the accident, Villari claimed Wednesday.
While Werner, a nationwide trucking firm headquartered in Omaha, Neb., warns its drivers not to use the messaging system while driving, it has never "taken the simple measure" of having the messaging systems disconnected when its trucks are on the road, said Villari.
"Why tempt a driver," said Villari, explaining that a light and tone go off when a message is sent to the driver. "It's like having your phone ring but being told not to answer it. It just does not make any sense to us."
Villari and law partner Paul D. Brandes represented the estate of the late Jeffrey Shober, 42, of Havertown in Delaware County. The pair recently secured a $6.5 million mediated settlement on behalf of Shober's widow and two teenage daughters.
Shober was one of two men who burned to death in the Feb. 2, 1999, collision.
The accident occurred about 2:15 p.m. in the westbound lanes of the Schuylkill Expressway near the interchange with Route 202 in King of Prussia.
Tractor-trailer driver Robert Spadaccine, 48, of Milford, Del., was driving his rig in the right-hand westbound lane while the late Louis Ottaviano, 31, of Limerick, was driving his Volkswagen west in the left-hand lane.
The Volkswagen made a sharp right turn into the right-hand lane immediately in front of the tractor-trailer, according to a police account of the incident. The car was so close to the truck that the truck rear-ended the Volkswagen, the police report said.
The Volkswagen then collided with a car driven by Shober.
Both cars exploded in a fiery blaze and Shober and Ottaviano were killed.
Cleanup of the accident, which also involved two other cars, shut down the expressway for more than six hours.
Shortly after the accident, then-District Attorney Michael D. Marino and state police Capt. Thomas LaCrosse held a press conference to announce Spadaccine was not to blame for the accident and that the tractor-trailer was in good working order.
Talking in general terms, LaCrosse said there have been problems in that area in the past with cars in the left lane cutting in front of cars in the right lane to exit onto Route 202.
However, in an independent investigation of the accident, Villari said he had learned that Spadaccine had been sending a message over his on-board messaging system just seconds before the accident.
"This means that basically he (Spadaccine) was looking down, typing a message and that when he looked up, it was too late," said Brandes. "He jammed on his brakes but could not stop in time to avoid crashing at high speed into the traffic in front of him."
The system on the Werner trucks enables dispatchers to send out written messages to its drivers and allows the drivers, who have keyboards connected to the system, to return written messages, said Villari.
It also serves as a satellite tracking system, according to Villari. Also, the system keeps a paperless log of the driver's activities, he said. Both of these capabilities could continue to function even when the actual messaging system is shut down when the vehicle is on the road, Villari said.
Villari pointed out that various states are adopting laws that bar drivers from using their cell phones while driving because the cell phones distract drivers and have resulted in accidents, including some with fatalities.
However, to date, neither Werner, the federal Department of Transportation nor the National Highway Safety Transportation Administration have taken any action limiting the use of onboard messaging systems to a time when tractor-trailers are safely stopped.
"Why there have been no investigations launched nor steps taken to eliminate the use of this tractor-trailer onboard messaging system while 40,000- to 80,000-pound trucks daily are traveling at high speeds on America's highways is frankly unbelievable to us," said Villari.
Villari said that he and Brandes, at the request of the Shober family, are trying to get the message out about the use of these systems to the public and to state and federal lawmakers in an effort to have the use of these systems restricted.
###
-------------------------------------------------
---WernerScrews 10-4
--------------------------------------
News Story
---------------------------------------
Lawyer links trucker's messaging system to fatal crash
Margaret Gibbons, Special to The Mercury October 04, 2002
NORRISTOWN -- A truck driver's use of an onboard electronic messaging system was a major factor in the fiery 1999 multi-vehicle crash on the Schuylkill Expressway that resulted in the death of two motorists, including a Limerick man, according to the lawyers who represented the family of one of the victims.
"This accident could have been prevented and lives saved if the driver of the tractor-trailer would have been paying more attention," said lawyer Peter M. Villari of the Lansdale law firm Ostroff, Villari & Kusturiss.
But it is Werner Enterprises Inc. more so than its driver that must shoulder responsibility for the accident, Villari claimed Wednesday.
While Werner, a nationwide trucking firm headquartered in Omaha, Neb., warns its drivers not to use the messaging system while driving, it has never "taken the simple measure" of having the messaging systems disconnected when its trucks are on the road, said Villari.
"Why tempt a driver," said Villari, explaining that a light and tone go off when a message is sent to the driver. "It's like having your phone ring but being told not to answer it. It just does not make any sense to us."
Villari and law partner Paul D. Brandes represented the estate of the late Jeffrey Shober, 42, of Havertown in Delaware County. The pair recently secured a $6.5 million mediated settlement on behalf of Shober's widow and two teenage daughters.
Shober was one of two men who burned to death in the Feb. 2, 1999, collision.
The accident occurred about 2:15 p.m. in the westbound lanes of the Schuylkill Expressway near the interchange with Route 202 in King of Prussia.
Tractor-trailer driver Robert Spadaccine, 48, of Milford, Del., was driving his rig in the right-hand westbound lane while the late Louis Ottaviano, 31, of Limerick, was driving his Volkswagen west in the left-hand lane.
The Volkswagen made a sharp right turn into the right-hand lane immediately in front of the tractor-trailer, according to a police account of the incident. The car was so close to the truck that the truck rear-ended the Volkswagen, the police report said.
The Volkswagen then collided with a car driven by Shober.
Both cars exploded in a fiery blaze and Shober and Ottaviano were killed.
Cleanup of the accident, which also involved two other cars, shut down the expressway for more than six hours.
Shortly after the accident, then-District Attorney Michael D. Marino and state police Capt. Thomas LaCrosse held a press conference to announce Spadaccine was not to blame for the accident and that the tractor-trailer was in good working order.
Talking in general terms, LaCrosse said there have been problems in that area in the past with cars in the left lane cutting in front of cars in the right lane to exit onto Route 202.
However, in an independent investigation of the accident, Villari said he had learned that Spadaccine had been sending a message over his on-board messaging system just seconds before the accident.
"This means that basically he (Spadaccine) was looking down, typing a message and that when he looked up, it was too late," said Brandes. "He jammed on his brakes but could not stop in time to avoid crashing at high speed into the traffic in front of him."
The system on the Werner trucks enables dispatchers to send out written messages to its drivers and allows the drivers, who have keyboards connected to the system, to return written messages, said Villari.
It also serves as a satellite tracking system, according to Villari. Also, the system keeps a paperless log of the driver's activities, he said. Both of these capabilities could continue to function even when the actual messaging system is shut down when the vehicle is on the road, Villari said.
Villari pointed out that various states are adopting laws that bar drivers from using their cell phones while driving because the cell phones distract drivers and have resulted in accidents, including some with fatalities.
However, to date, neither Werner, the federal Department of Transportation nor the National Highway Safety Transportation Administration have taken any action limiting the use of onboard messaging systems to a time when tractor-trailers are safely stopped.
"Why there have been no investigations launched nor steps taken to eliminate the use of this tractor-trailer onboard messaging system while 40,000- to 80,000-pound trucks daily are traveling at high speeds on America's highways is frankly unbelievable to us," said Villari.
Villari said that he and Brandes, at the request of the Shober family, are trying to get the message out about the use of these systems to the public and to state and federal lawmakers in an effort to have the use of these systems restricted.
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---WernerScrews 10-4
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