8 • OCTOBER 1-14, 2021 NATION THETRUCKER.COM PARKING cont. from Page 1 “This is not only a safety concern for truckers, but also for the commuters who share the road with them. I have offered commonsense amendments three times in the House to provide funding to address this problem, and the Democrat majority has blocked them each time,” he continued. “They have paid lip service to America’s trucking community and claimed to understand their concerns, yet this $3.5 trillion bill includes zero funding for truck parking. Not a penny. It just goes to show that they don’t care about this problem at all.” The House Committee on Transportation and Infrastructure’s chair, Peter DeFazio (D- Ore.) praised the infrastructure bill, saying in a statement that it tackles climate change, racial and environmental injustices and will work to “build back better after the COVID-19 pandemic.” “With this legislation, we can reduce carbon pollution from the transportation sector that’s driving the climate crisis and make communities more resilient to extreme weather events,” DeFazio said. “(We can) connect people with good-paying jobs and affordable housing; address the planning mistakes of the past by reconnecting communities; make meaningful investments to plan for and develop high-speed rail projects; provide more people access to clean water; and make our aviation and maritime sectors greener,” he continued. “I look forward to seeing Congress pass this once-in-a-generation legislation because we can’t afford to squander this opportunity.” The reconciliation bill proposes: • $10 billion to support access to affordable housing and enhance mobility for lowincome individuals and residents of disadvantaged or persistent poverty communities. • $4 billion for reduction of carbon pollution in the surface transportation sector—addressing the largest source of transportation greenhouse gas emissions. • $4 billion to support neighborhood equity, safety, and affordable transportation access, including reconnecting communities divided by existing infrastructure barriers. • $6 billion to advance local surface transportation projects. • $1 billion to the Department of Transportation to support projects that develop, demonstrate, or apply low-emission technologies or produce, transport, blend, or store sustainable aviation fuels. • $500 million to the Federal Emergency Management Agency’s (FEMA) hazard mitigation revolving loan fund program. • $425 million for grants for the construction, retrofit, technological enhancement, and updated planning requirements of state, local, Tribal, and territorial emergency operation centers. • $9.5 billion to the Economic Development Administration to provide investments in persistently distressed communities, provide assistance to energy and industrial transition communities, invest in public works projects, and create regional hubs. • $1 billion to the General Services Administration to invest in high-performance green buildings. It takes semi drivers an average of more than 45 minutes to find a safe spot, industry officials say. • $1 billion for climate resilient Coast Guard infrastructure. • $2.5 billion to the Maritime Administration to support more sustainable port infrastructure and supply chain resilience. • $2 billion to invest in sewer overflow and stormwater reuse projects, as well as a greater federal coast share for projects that serve financially distressed communities. • $500 million in grant assistance to invest in the backlog of wastewater projects on Tribal lands. Biden, during a stop in Arvada, Colo., on Sept. 14, said the infrastructure bill is vital toward helping to reduce global warming. He used the wildfires in California and Hurricane Ida as examples of changing weather patterns affecting the United States. Biden said that reducing carbon emissions is key, iStock Photo adding that he is working with America’s car manufacturers to build more electric vehicles. Nothing specific to 18-wheelers was mentioned during Biden’s Sept. 14 remarks, however. Back at OOIDA, Spencer, in his statement about trucker parking, wrote that “addressing the parking shortage would also have supported efforts to reduce carbon emission from the transportation sector. Truck drivers waste approximately 56 minutes per day looking for parking, all the while needlessly burning fuel, emitting carbon and contributing to congestion. “It’s tough to swallow the fact that in a year when Congress is authorizing hundreds-ofbillions of dollars for infrastructure projects and highway safety programs, not a single penny was set aside for truck parking.” 8 VERDICT cont. from Page 1 2006-2010, there were 26 cases in which jury awards totaled over $1 million. In the most recent five years (2015-2019), there were 300 such awards. Pajcic described the Dzion family’s experience as a “nightmare” that began about 9 p.m. on Labor Day 2017, while Dzion was stopped on Interstate 95 near Jacksonville, Florida. An 18-wheeler driven by Russell Rogatenko of AJD Business Services Inc. had crashed into another vehicle and caught fire, halting traffic. While Connor Dzion sat in his car waiting for the wreck to be cleared, a rig driven by Kahkashan Carrier Inc.’s Yadwinder Sangha of Canada slammed into a parked line of cars behind the initial wreck, pancaking Dzion’s sedan and causing his head to be crushed between Sangha’s grill and the car in front of him. Pajcic said Sangha was traveling with the cruise control at 70 mph, and the truck’s on-board data recorder showed he did not attempt to brake until one second before the fatal crash. Pajcic said Sangha was looking at his phone instead of the road when he “steamrolled” into Dzion’s car. Sangha also reportedly could not read English, so the flashing electronic signs that were put up miles before the standstill, warning drivers to be prepared to stop, were not understood. Pajcic said the drivers of both of the rigs involved in the crash, and their companies, didn’t “play by the rules” and were dangerous. He also asserted that the companies the drivers worked for were cutting corners in order to make more profit. Pajcic told The Trucker that Rogatenko didn’t have a valid CDL at the time of the crash, and alleged that he had a habit of watching porn on his cell phone while operating his rig. “Both of these guys were really bad,” he said, adding that both Sangha and Rogatenko had previous hours-of-service violations. Additionally, Pajcic said Rogatenko had been involved in Courtesy: Curry Pajcic Connor Dzion’s car was pancaked in an Interstate 95 crash on Labor Day 2007 that was caused by an 18-wheeler. He was killed instantly. several other crashes on I-95 before the one that caused the traffic jam and ultimately resulted in Dzion’s death. The Nassau County Circuit Court ruled that Sangha’s negligence caused Dzion’s death, and the jury set a monetary amount they felt the young man’s family was entitled to. The jury also found that AJD owed Connor’s mother, Melissa Dzion, $16 million for negligent infliction of emotional destress. The jury further ruled that Melissa Dzion was owed $49 million in wrongful death damages from both companies, and that Connor’s father, David Dzion, was due $37 million in wrongful death damages from the two carriers. The jury ruled that Kahkashan Carrier is liable for 90% of the wrongful death damages, leaving 10 percent against AJD. The biggest chunk of money awarded in the case, however, came in the form of punitive damages against AJD. The jury ruled that the company must pay $900 million for its role in Connor’s death. Attempts to reach attorneys for either carrier or the defendants were unsuccessful. A man, who refused to identify himself, answered a phone number listed for AJD, and said only that the company “is no longer in business.” A message left for Sean McDonough, the attorney listed in court documents as the legal representative for Kahkashan Carrier, was not returned. AJD was not represented in court, according to court documents. According to the Federal Motor Carrier Safety Administration, both Kahkashan and AJD are listed as inactive and out of service. Pajcic said that, while the family is unlikely to ever see a substantial amount of money from the case, “we will work as hard as we can to get what we can. I may never see any money from it, but we are going to keep trying.” In a court filing after the verdict, attorneys for AJD wrote that the punitive damage award is “clearly excessive because it would bankrupt some of the defendants” and that the most the “plaintiff should be entitled to (is) a nominal award.” Court documents show that AJD’s insurance carrier, Falls Lake National Insurance Co., “tendered its policy limits of $1 million to Melissa Dzion in exchange for a release of the wrongful death claim against AJD and its driver.” AJD’s defense team has also filed a motion for a new trial. In their motion for a new trial, Kahkashan’s attorneys wrote that “a verdict that awards almost a billion dollars in damages against two defendant trucking companies by itself reflects a verdict that should shock to conscience of the Court and demonstrates that the jury was unduly influenced by passion or prejudice or other factors besides the evidence and law presented to them.” Pajcic said that, above all, the Dzion family “just wants to make sure no one ever has to go through anything like this again.” “Most trucking companies are good,” he said. “They hire safe drivers; they play by the rules that protect us all. We need truckers because they bring us the things we need and use. There is a reason you never hear about these kinds of cases against major companies like JB Hunt or CR England. They play by the rules, spend the money to do it right. These regulations that they follow protect us all.” 8
THETRUCKER.COM OCTOBER 1-14, 2021 • 9
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