Colombo Law is currently representing the Estate of Timothy Roth who was tragically killed on Interstate 79 in Bridgeport, West Virginia when the driver of the commercial motor vehicle in which he was riding fell asleep, crashed the vehicle and killed Mr. Roth. This tragedy was predictable and avoidable.
The driver of this CMV had worked for nearly 22 consecutive hours and was simply too fatigued to drive the truck containing his 3 co-workers. Unfortunately, this scenario happens all too frequently. Natural gas fracking companies and the companies that service the natural gas wells are pushing their employees beyond reasonable limits. Requiring any worker to drive a vehicle beyond the 14 hour limit set by the US Department of Transportation is not only illegal, but is dangerous. What is most alarming, is that fracing companies and natural gas service companies are actually encouraging their employees to fraudulently prepare driver daily logs to make it appear as if the driver’s are sleeping in a sleeper berth when in reality they are working. By fraudulently preparing the driver’s daily log the employee can then illegally work beyond the 14 hour limit set by the DOT. The fraud that occurs is rampant.
Fortunately, in Mr. Roth’s case the driver of the vehicle admitted that he had worked nearly 22 consecutive hours and he and his co-workers admitted that the driver daily logs were fraudulently prepared. They also testified that they were instructed to do this by their supervisor.
These unbelievable acts of recklessness cost a man his life. It will ultimately be the responsibility of a jury in Clarksburg, West Virginia to apportion fault and to fully and fairly compensate a family for the loss of a loved one. A loss that should have never occurred.