Summary judgment for Good Samaritan trucker -- Reid v. Midwest Transp
Sometimes a tractor trailer driver really is an innocent Good Samaritan. In Reid v. Midwest Transp., Case # A04A1821, decided by the Georgia Court of Appeals on 11/19/04, a tractor trailer driver had pulled entirely off the roadway in an emergency lane on I-20, activated flashing lights, and ran into a ravine to render aid to victims of a five-car crash. The plaintiff came up behind the trailer in the rain and mist and struck it. Summary judgment was granted to the trucking company.
The court decision, however, omitted any discussion of requirements of Federal Motor Carrier Safety Regulations, expert testimony about requirements of the FMCSR to set out flares or reflective triangles, or conspicuity requirements for trailers. We do not know whether the plaintiff raised any such issues in the case. However, if the trailer failed to comply with conspicuity regulations or underride guard regulations, careful preparation might have produced a different result with regard to the carrier's independent negligence, even if the driver was protected by the Good Samaritan statute.
The Shigley Law Firm represents plaintiffs in wrongful death and catastrophic injury cases statewide in Georgia, and in other states subject to the multijurisdictional practice and pro hac vice rules in each state. Ken Shigley was designated as a "SuperLawyer" in Atlanta Magazine and one of the "Legal Elite" in Georgia Trend Magazine. He is a Certified Civil Trial Advocate of the National Board of Trial Advocacy, Chair of the Southeastern Motor Carrier Liability Institute and former chair of the Georgia Insurance Law Institute. He particularly focuses on cases arising from truck wrecks and accidents (tractor trailers truck wrecks, semi truck wrecks,18 wheeler truck wrecks, big rig truck wrecks, log truck wrecks, dump truck wrecks).
I need a copy of the Good Samaritan rule as relates to truck drivers. I have a case where a driver advised another driver that her brakes were smoking. When she pulled off my driver turned around and came back to assist her. While trying to look at the brakes the tire blew up in his face causing horrific damages. The ladies trucking company will not pay - they say he had no business on their truck. His company will not pay because he had no business on another company's truck and not in the scope of his employment. What to do?
