Oregon Truck Crash Co-Counsel with Unique Knowledge
In this case we were hired by a national trucking law firm to review a truck crash case and write the demand letter to the trucking company.
Our involvement became important because of Dr. DeShaw's unique background as a retired Doctor of Chiropractic who had conducted DOT physicals on truck drivers during his career as a doctor, as well as his knowledge of post-crash drug and alcohol testing before his time as a lawyer.
Dr. DeShaw's 23 page demand letter included the following, which set the tone for the trial of this truck crash case in which a severely impaired truck driver drove into rush hour traffic at 7:00 a.m. in Denver;
"[Truck driver] had amphetamines, methamphetamine, marijuana, and lorazepam in his body at the time he was driving a commercial truck for [trucking company]. Additionally, police found bottles of topiramate (a seizure medication known to cause vision problems, confusion and problems concentrating), propranolol (a medication used to control high blood pressure and abnormal heartbeats) and lamotrigine (another seizure medication) in the tractor cab. The toxicology report notes that a co-worker knew that [driver] had been having a negative reaction to medications, and that his driving manager at [trucking company] knew he had been sleeping in his vehicle at work in response to medication effects. Despite that, [trucking company] chose to schedule [driver] to drive a commercial truck for [trucking company] on public roadways.
First is the very serious problem caused by driving a commercial truck using methamphetamines – a substance used by truck drivers to increase the number of hours [driver] could drive before falling asleep. The lab testing performed at ChemaTox Lab on behalf of the Denver Police Department, demonstrates a reading of 770 ng/mL – whereas the test is positive at 25 ng/mL. In addition to methamphetamines, Mr. Mick was also under the influence of amphetamines at the time of this crash – similarly utilized by truckers to drive more than the federal guidelines allow. Under federal law, the use of amphetamines prohibits the operation of a commercial vehicle. According to an FMCSA decision on medications disqualifying a CMV driver, “If a driver uses a drug identified in 21 CFR 1308.11 (391.42(b)(12)) or any other substance such as amphetamine, a narcotic, or any other habit forming drug, The driver is medically unqualified.” Despite this, [trucking company] assigned [driver] to drive one of their trucks on the freeway.
Marijuana, similarly a disqualifying drug under federal trucking law, was being used by [driver] at the time of this collision to minimize the anxiety effects of the amphetamine and methamphetamine use.
Additionally, Lorazepam by itself is a highly addictive benzodiazepine prescribed for anxiety disorders and seizure disorders – notable for its use in treating addiction to methamphetamines.
Seizures as a condition, is a separate disqualifying medical condition for commercial drivers. Therefore, even without knowledge of the three seizure medications (Lorazepam, Topiramate and Lamotrigine) use, any history of seizures should have prevented [trucking company] from having [driver] drive their vehicles. As to the Lorazepam, Topiramate and Lamotrigine, pursuant to an FMCSA order from September 2017, “Any anti-seizure medication used for the prevention of seizures is disqualifying.” So, both of the medical condition for which Lorazepam, Topiramate and Lamotrigine are prescribed, as well as the use of all three medications disqualified [driver] as a commercial driver under U.S. DOT rulings. Going beyond the other reasons for disqualification, Lorazepam use can result in severe drowsiness, confusion, hallucinations, overdose or death. As noted in the ChemaTox certified toxicology report, “Lorazepam can cause severe impairment in individuals even at levels within the therapeutic range.”p.3. Operating any type of motor vehicle is prohibited while using one or more of these medications. Both Lorazepam and Lamotrigine have an FDA warning that notes “CNS depression: May cause CNS depression, which may impair physical or mental abilities; patients must be cautioned about performing tasks which require mental alertness (eg, operating machinery or driving).” Topiramate has a similar FDA warning adding that a Central Nervous System (“CNS”) confusion and motor slowing effect occurs as well; “CNS effects: Cognitive dysfunction (confusion, psychomotor slowing, difficulty with concentration/attention, difficulty with memory, speech or language problems), psychiatric disturbances (depression or mood disorders), and sedation (somnolence or fatigue) may occur with use; incidence may be related to rapid titration and higher doses; patients must be cautioned about performing tasks which require mental alertness (eg, operating machinery or driving).”
It is for multiple reasons (including those above) that the U. S. Department of Transportation’s Federal Motor Carrier Safety Administration (FMCSA) noted in its 2009 FMCSA Medical Report that “all individuals currently taking benzodiazepines or similar drugs which act on benzodiazepine receptors should be immediately prohibited from driving a CMV.” That was published more than ten years ago. [Trucking company], as the largest common carrier in the United States, knew about this prohibition. [Trucking company] knew or should have known [driver] was unsafe to drive a commercial vehicles on public roadways before sending him out on the road. Our investigation suggests that [trucking company] co-workers and managers knew [driver] was having problems and still had him drive anyway."
This detailed discussion of liability is what leads out of state lawyers to hire Aaron DeShaw as co-counsel in their large and complex injury cases including truck crash cases.
The case went to trial with nationally known trucking lawyer, Peter Anderson, as trial counsel. The case went to verdict against the impaired driver resulting in a $7,500,000 jury verdict. The trucking company settled for $25,000,000 during trial.