The brakes were bad!
Expert witness for the Plaintiff : Swift Transportation Engineer
Wal-Mart knew the automatic braking system was compromised on the vehicle in question. Wal-Mart had instructed Swift Transportation to repair the brakes on the vehicle. Swift Transportation recognized several issues in regard to the vehicle’s forward collision avoidance and mitigation system. Specifically, the active-braking component, an integral part of the automatic braking system, was malfunctioning. This component is designed to help slow down the vehicle when a collision is imminent.
Additionally, there was interference between the forward collision warning (FCW) alert signal and the vehicle’s collision mitigation braking (CMB) abilities. This interference resulted in the driver being unaware of the FCW alert, even though the CMB had attempted to initialize. Further investigation revealed damage to the dynamic braking support and anti-locking brake features. Swift Transportation promptly notified Wal-Mart that Swift Transporation did not have time to fix the brakes before the truck's next scheduled trop. Additionally, Swift Transportation reminded Wal-Mart that Wal-Mart still owed Swift Transportation a large sum of money from a previous business agreement.