We are pleased to announce that Tim Whiting recently participated in this year’s South Carolina Bar Association’s Insights into Handling Commercial Vehicle and Trucking Injury Cases conference. Tim contributed to the session by presenting on the topic of “The Trucking Company’s Duty to Hire Safe Drivers and Train and Supervise them.” As a respected trial attorney with extensive experience in trucking litigation, Tim delved into the statistics of truck crashes and how the truck companies that have committed to proper hiring and implementing proper driver training have benefited from a lower number of crashes throughout the years.  Tim went into detail teaching where attorneys can find the safety standards and regulations trucking companies must meet in order to operate lawfully.

We are proud of Tim’s continued leadership in this field and his dedication to educating fellow attorneys on the intricacies of trucking litigation.

On June 1, 2021, while driving east on U.S. Highway 13 on his way to work, the plaintiff (age 71) was involved in a side-impact collision with a commercial motor vehicle at the intersection of State Road 1701. The plaintiff sustained fatal injuries and was pronounced dead at the scene.

An investigation revealed that the truck driver was looking at his phone for directions and ran a stop sign at 55 mph without braking. This action resulted in a collision with plaintiff’s vehicle which had the right of way and no stop sign. Toxicology reports on the truck driver would also reveal that the defendant driver was under the influence of marijuana at the time of the incident.  Further inquiries into the truck company that employed the driver uncovered negligence in hiring practices, including failure to review the driver’s qualifications, driving history, and extensive record of safety violations.

The plaintiff’s family filed a wrongful death lawsuit, alleging violations of federal and state motor vehicle safety regulations, as well as industry standards related to driver qualification, hiring, training, supervision, retention, and safe operation of commercial motor vehicles.

Counsel for plaintiff also pursued a claim against the motor carrier, which claimed to be a broker, for hiring an unsafe motor carrier to transport the load. The original motor carrier was hired for the job but instead subcontracted it to the unsafe motor carrier.

On November 7, a $10 million settlement was reached with both the truck company and the independent contractor responsible for transporting the load.

The Plaintiff is survived by his two daughters, aged 46 and 48, and widowed wife, aged 74. He had been his wife’s primary caregiver following her diagnosis of Alzheimer’s disease and the subsequent decline of her mental condition. The Plaintiff’s passing was deeply felt in the community he served and loved, where he lived and operated three funeral homes.