Armored Truck Company Faces Wrongful Death After Safety Lapses
The armored truck company GardaWorld is under fire after accidents with Garda trucks resulted in 22 deaths across the U.S. over the past decade. The most recent lawsuit, a wrongful death filed by the family of a 73-year-old man, alleges that GardaWorld employed a driver with no CDL and a suspended driver’s license to drive a vehicle with inadequate tread depth on the tires and a radiator that seemed to be falling off the truck.
To be sure, the federal government sets safety standards for all large trucking companies including those that move money into banks. A decade-long security lapse, however, has investigators wondering if they were too lenient in pressuring the company to fix safety issues.
Elements of Negligence
All trucking companies are required to ensure their employees have the required licensure to operate vehicles. The driver who caused the accident that killed the plaintiff in this lawsuit had a suspended regular driver’s license and no CDL. For this, Garda can be sued for negligent hiring.
Second, several Garda vehicles that have been involved in accidents failed routine safety inspections. The vehicle that was being driven in the fatal accident mentioned above was 15 years old. Tread depth is among the easiest things to check prior to delivery. The fact that the vehicle’s tires were worn out indicates that no inspection was ever performed—a violation of federal law.
Lastly, since the truck was 15 years old, it did not have a GPS system forcing the driver to use his cellphone. This caused him to take his eyes off the road, fail to see the vehicle that had pulled into the intersection, and plowed through the vehicle killing the driver.
So in this case, you have negligent hiring, failing to ensure the safety of vehicles employed for delivery, and failing to update the truck with modern GPS technology. To be sure, GardaWorld saved a lot of money by failing to update their vehicles, not conducting routine background checks on prospective employees, and not bothering to change their tires.
To date, GardaWorld vehicles have been involved in 22 fatal crashes over the past decade. This is only the most recent.
Punitive Damages?
The systemic failures that took place did not suddenly emerge overnight. Every time there is a large truck accident, an investigation ensues. The truck is examined, the driver is examined, and a determination is made as to who contributed fault to the accident. In this case, GardaWorld failed spectacularly in three very obvious ways. This failure occurred after 21 previous failures resulted in death. Punitive damages are likely in this lawsuit unless GardaWorld is shielded by sovereign immunity as a government contractor. Hopefully, this family will get some satisfaction from the settlement.
GardaWorld issued a statement saying that safety is their top priority, and they have sunk millions into updating their armored vehicle fleet.
Talk to a Florida Truck Accident Injury Lawyer
If you’ve been involved in a truck accident, the truck company owes a duty of care to ensure their drivers are qualified and their trucks are safe and up to date. When they cause injury or death for failing to do any of those things, you can file a lawsuit to recover damages related to your injury or the loss of a loved one. Call the Coral Gables tire defect attorneys Halpern, Santos & Pinkert today to schedule a free consultation and learn more about how we can help.
Resource:
postandcourier.com/news/lawsuit-garda-enabled-fatal-sc-crash-putting-unlicensed-driver-in-unsafe-armored-truck/article_f7772078-4570-11eb-ae9e-cb49becf400e.html
https://www.tiredefectattorney.com/tractor-trailer-accident-claims-the-lives-of-young-couple/
