A Charlotte tractor-trailer driver, Arthur A. Davis, 44, has been charged with 2 counts of reckless homicide arising out of a crash that he caused on Tuesday morning in Kentucky at the intersection of US Hwy 460 and Kentucky State Road 1499. Authorities in Pike County, Kentucky are holding Davis under a $2 Million bond. In addition to the homicide charges, Davis faces charges that he had No Operators License, No Commercial Motor Vehicle License, a Driver’s Daily Log that was Not Up To Date, and a Radar Detector In A Commercial Motor Vehicle. These are all serious violations of the Federal Motor Carrier Safety Regulations.
Seven minutes prior to the truck crash, several other truck drivers heard Davis asking on his CB radio if there were any big hills in the area because his brakes were not working well. At the time of the wreck, the truck driver was hauling several mini-excavators and other heavy equipment. As Davis went down a steep hill, he lost control of his big rig, swerved to avoid hitting a building, and struck 2 men who were part of a tree trimming crew. Both pedestrians were killed by the run-a-way truck.
Investigators found that the reckless truck driver had 10 different brakes on his vehicle, but 5 out of the 10 brakes were not working at all, and 2 of the remainder were not working properly. To operate a commercial motor vehicle when one knows that the truck’s brakes are not working correctly is reprehensible, and this truck driver should go to jail for a long time for his grossly negligent and recklessly indifferent conduct. If this truck driver was driving for a company, then the company’s management should also face criminal charges for their complicity in failing to keep this driver off the road. In several similar truck cases we have handled, we have been successful in convincing the US Attorney’s Office to pursue criminal charges against the management of the truck company. That should happen in this case.
This is a pure tragedy because this wreck was totally preventable. Truck drivers and the companies they haul for are required to inspect the brakes on a tractor trailer before the start of each trip. If there is a problem with the brakes, then the trucker is not supposed to start the trip. The repairs are supposed to be completed first. End of story. But unfortunately, some truck companies force their drivers to operate unsafe tractor trailers because in many instances, the truck company’s philosophy is “profits over safety.” In the industry, these are known as “forced trips,” because the company tells the driver to either drive the truck as it is or lose their job. This philosophy is one of the reasons why there are so many unnecessary truck crashes.
The Association of Plaintiffs Interstate Truck Lawyers of America (APITLA) has, as its goal, to eliminate unsafe and illegal interstate trucking practices. If you or a loved one have been seriously injured in a collision with a tractor-trailer, then you should immediately consult with an experienced interstate truck lawyer. Attorney Brian Davis is a National Advisory Board Member of APITLA.