Important Information for Victims of Crashes Involving Day & Ross Vehicles
Almost all of us have someone we answer to, whether it's a supervisor or a spouse. That means we often have to take actions and make decisions, not based solely on what we might think is best, but on what will keep us in someone else's good graces.
This is equally true for a subsidiary trucking company, like Day & Ross, whose parent company's vested interest in keeping the firms they own profitable means they may attempt to become involved in any litigation against their subsidiary. That additional involvement means you may face more resistance than you might expect as you try to hold them accountable after a crash. Acclaimed Dallas semi-truck accident attorney Michael Grossman explains.
Questions Answered on This Page:
- What is Day & Ross?
- How many crashes involving injury or death has the company been involved in?
- How does the company's corporate ownership affect claims against them?
What is Day & Ross?
Founded in 1950 in the Canadian province of New Brunswick, Day & Ross Freight is the primary branch of the Day & Ross Transportation Group, which is currently the 45th largest trucking company operating in the U.S., with 2017 revenues of over $700 million. It has a fleet of 1,800 semi-trucks, operated by around 2,400 drivers, which traveled a total of 110 million miles that year.
Over the last two years, data from the U.S. federal government indicates that those vehicles have been involved in 28 collisions, of which 8 led to injuries and 2 resulted in fatalities. It's important to note that this data makes no indication of fault for any of these crashes. However, it's likely that the negligence of a Day & Ross driver is responsible for at least some portion of them.
Like many other trucking companies in this age of corporate consolidation, Day & Ross Transportation Group is a wholly owned subsidiary of McCain Foods, a manufacturer of frozen potato products with annual revenues of more than $8 billion. While that might suggest that there's plenty of money to pay for your losses after a crash, it also means there's another very well-financed entity that has a strong interest in fighting to avoid paying anything.
How Does Day & Ross's Corporate Ownership Affect Your Case?
Unlike crashes involving passenger cars, where an insurance carrier whose client is obviously at fault may well agree to a reasonable settlement, those involving commercial vehicles almost always require significant legal efforts to obtain fair compensation, regardless of what actually took place. This is largely because the amounts at stake can stretch into the millions, of which the trucking company's insurer will generally only cover the first $750,000, unless they decide to purchase more coverage.
This might not seem like a lot, given that a company like Day & Ross has annual revenues in the hundreds of millions. However, given that the company's actual profits are likely to be only a fraction of that amount, they have an obligation to their shareholders to reduce costs wherever they can. This is even more true when a much larger parent company is exerting pressure on the subsidiary to reduce its costs.
When you're running a multi-billion dollar company, you generally don't have time to personally concern yourself too much with the daily operations of your many subsidiaries. To the extent that you think about them at all, it's most likely limited to a few obvious questions: how much each is bringing in, how much they're costing you, and why.
The managers of companies like Day & Ross know that the executives of a parent company aren't likely to accept excuses like "these crashes weren't our fault" or "crashes are a part of trucking." All that matters to the parent company is that a subsidiary's costs have suddenly increased, and its management knows that if they fail to bring those expenses down, they may be looking for new work before too long.
This is largely because it's much easier for a parent company's leaders to fire the management of a subsidiary than it would be for thousands of shareholders to do the same to members of an independent corporation's board. As a result, a company like Day & Ross has a strong incentive to fight potentially expensive claims related to crashes with all the resources at their disposal.
Although it might seem like it shouldn't matter how much resistance a company puts up if the facts aren't on their side, the reality is that a jury's interpretation of those facts can easily work against you once their investigators and attorneys have gone to work. We've seen more than a few cases in which a semi-truck was blocking an entire roadway, and the defendant's attorneys still tried to argue that our client's excessive speed prevented their vehicle from stopping in time to prevent the collision.
Creating an impression of the crash that works in their favor starts with the trucking company's efforts to alter the course of the investigation. They can place personnel at the scene to influence witnesses, offer to examine the truck's on-board systems on behalf of the police, and quickly move the 18-wheeler to one of their repair facilities, in order to fix any mechanical issues that may have contributed to the collision before they're discovered.
Of course, this sort of interference is just the beginning, and it continues once you've filed suit against the trucking company. In addition to presenting a theory of what happened that lets their driver off the hook, the company's defense attorneys are likely to do everything they can to defame you personally and suggest that you're exaggerating your injuries for financial gain.
Presenting evidence of what actually happened is the only effective way of combating these tactics. That means retaining an attorney with experience litigating commercial vehicle accident cases, who can subpoena evidence from the company, compel witnesses, including their employees, to testify, and conduct an independent investigation of the crash.
While the prospect of taking on a large trucking company like Day & Ross might seem daunting, we've found that, regardless of a company's size or the legal resources they have at their disposal, they can still be held accountable. All it takes is an attorney who can gather the right evidence, and incorporate it into a compelling narrative.
How Grossman Law Offices Gives Your Claim A Fighting Chance
The pressure placed on a trucking company by their corporate parent is just one of the many factors that could affect the success or failure of your commercial vehicle accident claim. Just as they'd probably be at a loss trying to remove their own appendix, most people without a legal background simply aren't prepared to deal with these complex issues. And not dealing with them properly could lead to you receiving far less than you deserve.
The good news is that you don't have to take on a company like Day & Ross alone. While many attorneys out there are willing to take on cases involving commercial vehicles, not all of them are equally prepared to do so effectively. At Grossman Law Offices, our nearly 30 years of experience successfully litigating semi-truck injury and wrongful death cases means we've pretty much seen it all when it comes to this area of the law. We're ready to put that experience to work for you.
If you've been injured or lost a loved one in a collision involving a Day & Ross tractor-trailer, we encourage you to call 855-326-0000 to find out how our attorneys can help you. We're here to take your call anytime, day or night.
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