I don’t think you really address my point–the issue is that the standard applied to the trucker could be applied to any one of us with ruinous damages in a situation that just about everyone would say is just not our fault.

This is a case where defense counsel screwed up royally by not recognizing this and recommending that Werner open the checkbook early on and get out of town. Had a similar case I handled where a drunk driver crossed the centerline of a highway and ran head on into one of our insured’s semi’s. Killed both the drunk and his passenger. Settled with estate of passenger so as he had zero liability and if it could be shown that our driver was just 1% at fault, we were sunk.

If there was actually evidence that the truck was going too fast for conditions, and the excessspeed caused an increase in the injuries there could be a basis. If the plaintiffs were able to pound on much of the argument in the msj, basically the truck shouldn’t have been where it would be hit, there’s a pretty good argument for a mistrial.

Um no. I get it–jurors have to apportion blame, and there’s no real magic to it. Seems to me that the reality is that the semi-truck driver/company simply weren’t doing anything wrong. And, would any one of us think that this was somehow a just result if he or she were stuck with ruinous damages because someone crossed the median and wound up hitting the car crossing the median?

http://www.omaha.com/news/courts/werner-enterprises-plans-to-appeal-monster-million-verdict/article_201ffc77-786f-5a38-9bdd-91f312b70f57.html

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TX Com Drv Lic

A quick search will find roughly two dozen occurances of the word “ice” or “icy” in the manual, most instruct the driver how to operate the vehicle in such conditions. Were there some affirmitive duty not to drive on Ice, such conflict could be easily avoided “Don’t drive commercial vehicles on Icy Surfaces.” TX, in drafting the manual, chose not to do so.

This decision is a travesty.

To save interested persons the effort of checking my assertion, here are the relevant Paragraphs –

Melting Ice. Slight melting will make ice wet.
Wet ice is much more slippery than ice that is
not wet.

Black Ice. Black ice is a thin layer that is clear
enough that you can see the road underneath it.
It makes the road look wet. Any time the
temperature is below freezing and the road
looks wet, watch out for black ice.

Vehicle Icing. An easy way to check for ice is
to open the window and feel the front of the
mirror, mirror support, or antenna. If there’s ice
on these, the road surface is probably starting
to ice up.

Ice Cream Trucks. Someone selling ice cream is
a hazard clue. Children may be nearby and may
not see you.

Radiator Shutters and Winterfront. Remove ice
from the radiator shutters. Make sure the
winterfront is not closed too tightly. If the shutters
freeze shut or the winterfront is closed too much,
the engine may overheat and stop.

Check for Ice. Check for ice on the road,
especially bridges and overpasses. A lack of spray
from other vehicles indicates ice has formed on the
road. Also, check your mirrors and wiper blades for
ice. If they have ice, the road most likely will be icy
as well.

Adjust Speed to Conditions. Don’t pass slower
vehicles unless necessary. Go slowly and watch
far enough ahead to keep a steady speed. Avoid
having to slow down and speed up. Take curves at
slower speeds and don’t brake while in curves. Be
aware that as the temperature rises to the point
where ice begins to melt, the road becomes even
more slippery. Slow down more.

By far the most common skid is one in which the
rear wheels lose traction through excessive
braking or acceleration. Skids caused by
acceleration usually happen on ice or snow.
Taking your foot off the accelerator can easily stop
them. (If it is very slippery, push the clutch in.
Otherwise, the engine can keep the wheels from
rolling freely and regaining traction.)

Some air brake systems have an alcohol
evaporator to put alcohol into the air system. This
helps to reduce the risk of ice in air brake valves
and other parts during cold weather. Ice inside the
system can make the brakes stop working.

Winter ice and snow mean gearing down on grades to
avoid wheel-spinning and brake lock-up which can
lead to jackknifing. If you find a traffic jam-up and multiple
vehicle accidents, stay back and wait for them to
clear before trying to get your rig through.

The most support I can find for your position is Section 2.6.2:

2.6.2 – Matching Speed to the Road Surface

You can’t steer or brake a vehicle unless you have
traction. Traction is friction between the tires and
the road. There are some road conditions that
reduce traction and call for lower speeds.
Slippery Surfaces. It will take longer to stop, and
it will be harder to turn without skidding, when the
road is slippery. Wet roads can double stopping
distance. You must drive slower to be able to stop
in the same distance as on a dry road. Reduce
speed by about one-third (e.g., slow from 55 to
about 35 mph) on a wet road. On packed snow,
reduce speed by a half, or more. If the surface is
icy, reduce speed to a crawl and stop driving as
soon as you can safely do so.

And for reference, here is what the TX Driver’s Handbook (not commercial) has to say about winter conditions:

Winter Driving
Most drivers realize winter creates additional hazards, but many drivers don’t know what to do about it. Here are a few precautions
you should follow during winter.

Table 25: Winter Driving Safety Tips

Maintain a safe interval
Increase the distance from the vehicle ahead of you according to the conditions of the pavement. Many rear-end collisions occur on icy streets because drivers don’t leave space to stop. Snow tires will slide on ice or packed snow. To keep safe you must keep your distance.

Reduce speed to correspond with conditions
There is no such thing as a “safe” speed range at which you may drive on snow or ice. You must be extremely cautious until you are able to determine how much traction you can expect from your tires. Avoid locking of brakes on ice as it will cause a loss of steering and control. Every city block and every mile of highway may be different, depending upon sun or shade and the surface of the road.

Keep windows clear
Remove snow and ice before you drive, even if you’re just driving a few miles. Make certain the windshield wipers and defroster are working properly.

Watch for danger spots ahead
There may be ice on bridges when the rest of the pavement is clear. Snow melts more slowly in shady areas. Take precautions when approaching turns.

Get a feel for the road
Start out very slowly. It is useless to burn the rubber off your tires by spinning the wheels. Test your brakes gently after the car is in motion to determine how much traction you have. Start slowing down before you come to a turn.

Equip your vehicle with chains or snow tires
Chains are the most effective and should be used where ice and snow remain on the road. One word of caution, neither chains nor snow tires will permit you to drive on slick pavement at normal speeds so don’t get a false feeling of security

As one who has purchased tires many times in TX, I’d be willing to bet the driver of the car had neither chains, nor snow tires, and likely negligible experience driving in either snow or ice (or, judging by the spike in accidents each time someone spits on the roadway, “rain/puddles/damp”)

Accident? hardly. Blake was driving in a manner that was inappropriate for the road conditions. Coefficient of friction is the unwritten law of the road, and slipped and fallen on their butts knows, physics is highly predictable, but very unforgiving for those who attempt to violate. Darwin.