Jury selection is scheduled to begin today in the Portland, Oregon truck accident lawsuit against C.R. England and truck driver Jesus Nieves Olivares. The trucker was transporting a trailer loaded with bananas in late 2005 when he ran a red light and struck the Ford Escort Station wagon driven by Marjorie Dunn.
The 85-year-old woman sustained serious injuries from the accident and Dunn would go on to sue Nieves Olivares and the trucking company for Portland, Oregon personal injury. Following Dunn’s death from cancer, her daughter, Andrea Lister, pursued the truck accident case against the defendants. The complaint accuses the defendants of gross negligence.
C.R. England Inc. considers itself the biggest refrigerated trucking company in the US. Lister says C.R. England ignored Nieves Olivares’s inexperience as a truck driver, his criminal record (for murder), and his history of drug use. She also contends after determining that Nieves Olivare met the minimum hiring requirements, the trucking company hired him, provided him with just a few weeks training, and then put him to work.
Nieves Olivares, who is from Puerto Rico, was having a hard time understanding the traffic signs that he encountered. He also did not fully understand what was conveyed to him during the 3-week training that he underwent before he started driving professionally.
During the first 27 days on the job as a truck driver, Olivares received multiple tickets for traffic violations and considered quitting. On November 7, 2005, he reportedly sent text messages to dispatchers telling them that he wanted to quit. 15 hours later, he sent another message to handlers to let them know that he didn’t know how to install snow chains onto his truck. He was told to ask someone to help him. The following day, a handler sent Nieves Olivares a message apologizing but also noting that the trailer that the trucker was hauling needed to get to its destination.
It was later that day that Nieves Olivares hit Dunn’s vehicle. Following the Portland, Oregon trucking collision, Dunn, who sustained serious injuries, including a fractured cervical spine, was in pain and suffered from depression until her death 19 months later.
In the last two years, CR England truckers have been involved in 13 deadly truck crashes. Yet government regulators rate the company as satisfactory.
Trucking Companies must be held liable whenever their negligence or carelessness results in Oregon personal injury or wrongful death. 18-wheeler trucks, tractor-trailers, big rigs, and other large trucks are a force to be reckoned with on Oregon roads, and it is important that trucking companies and truckers exercise all the safety precautions necessary so that others don’t get hurt.
Civil suit starts against C.R. England, The Trucker.com, August 24, 2009
Oregon lawsuit puts big trucking into spotlight, Oregon Live, August 24, 2009
Related Web Resources:
Federal Motor Carrier Safety Administration