FIREFIGHTERS FAMILY SUES OVER THE LINE OF DUTY DEATH – KILLED IN APPARATUS CRASH
August 25, 2016
The family of Jesse Trader — an Albany wildland firefighter killed in a Southern Oregon truck crash in August 2013 — filed a $5 million wrongful death lawsuit last month against the federal government, two Grants Pass businesses and Trader’s uncle.
Trader, a 2012 West Albany High School graduate, was 19 when the water tanker he was driving went off a steep road and rolled down an embankment.
The lawsuit alleges negligence, and says that the rig wasn’t properly inspected and the vehicle’s deficiencies — as well as the government’s decision, despite those deficiencies, to send the truck down the road with a full tank — led to Trader’s death.
The water tanker had faulty brakes, inadequate baffling and was over its weight capacity, according to the lawsuit, which was filed July 13 in Medford’s U.S. District Court, according to the online federal courts database.
According to a 2014 report by the Bureau of Land Management, the U.S. Forest Service and the Oregon Department of Forestry, the tanker, when fully loaded, weighed 55,320 pounds, nearly three tons over the weight specified in fire contracting rules. That report also said the truck had inadequate brakes.
In addition, Trader had limited experience with the rig; he was on his first documented run with the water tanker and had received his commercial driver’s license the week before, the report states.
Trader was in his first year fighting wildland fires, and was helping to battle the Big Windy Complex blazes, which occurred on U.S. Bureau of Land Management land about 25 miles northwest of Grants Pass.
In the days after his death, his mother, Gigi Trader, said the rig’s brakes were failing and her son was trying to avoid ramming other trucks when he drove off the roadway.
According to the lawsuit, on the night of Aug. 6, the water tanker was observed gaining speed in excess of the posted limit on the road, firefighters reported smelling hot brakes and saw smoke coming from the rear of the vehicle.
The water tanker had brakes only on its rear axle, according to the government report on the crash.
Dutch Mining and Security Guys were named as defendants in the lawsuit, as was Trader’s uncle, Daniel Trader.
Dutch Mining owned the 1966 water tanker until July 2013, when it was transferred to County Fire & Security Inc. The company failed to recognize, identify and correct the vehicle’s problems, and “knew or should have known that its negligent actions would cause foreseeable risk to future drivers,” as well as the public using the road, the lawsuit states.
Security Guys performed a safety and maintenance inspection of the truck and its representative Daniel Trader did not note any defects to the vehicle, issuing an “erroneous report,” according to the lawsuit.
The lawsuit seeks damages for Jesse Trader’s pain and suffering before his death, as well as non-economic damages to his surviving parents. It also seeks economic damages for Trader’s estate, both for funeral and related expenses and the loss of wages Trader would have earned.
Jesse Trader played three years of varsity baseball at West Albany. His mother said he had transferred from Western Oregon University to Chemeketa Community College to become a student in its fire suppression program.
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Water truck crashes, driver killed on Big Windy Complex in Oregon
(Originally published at 3:58 p.m. MDT, August 6, 2013; updated at 4:50 p.m. MDT, August 6, 2013 )
The driver of a water truck, also known as a water tender, was killed Tuesday morning, August 6, when his truck crashed while working on the Big Windy Complex of fires in southern Oregon. Josephine County Sheriff Gil Gilbertson said 19-year old Jessie Trader was returning Tuesday morning at 7:20 a.m. after working the night shift. The truck hit an embankment and rolled over on the Bear Camp Road near Soldier Camp. Firefighters in vehicles driving behind Mr. Trader immediately stopped to assist. An advanced life support ambulance arrived on scene within minutes and life flight was quickly launched; however, all efforts to save him were unsuccessful.
The water tender, owned by Ace Earthmoving, was being used by County Fire, a private fire suppression company contracted to assist with the Big Windy Fire.
Our sincere condolences go out to the driver’s family and co-workers.
The Big Windy Complex is a group of three lightning-caused fires in southwest Oregon northwest of Grants Pass that have burned 10,832 acres of Bureau of Land Management lands protected by the Oregon Department of Forestry. Since July 29 the Complex has been managed by Chris Schulte’s Type 1 Pacific Northwest #2 Incident Management Team. InciWeb has more details about the fires.
Below are some photos from the fire. The first one was taken on Bear Camp Road.
Gila Regulars clear vegetation on Bear Camp Road on the Big Windy Complex of fires. Photo by Dave Bauman, Information Officer. 
The Jenny Fire, part of the Big Windy Complex, burns near the Rogue River. Photo by PNW #2 IMTeam. 
Morning briefing at the Big Windy Complex, August 3, 2013. Photo by Dave Bauman, Information Officer.========================
BUREAU OF LAND MANAGEMENT
Wildfire Fatality Investigation Report Released
(Boise, Idaho) – An investigative report released today identifies multiple factors leading to a crash that killed a 19-year-old water tender driver on last year’s Big Windy Fire near Grants Pass. The report stems from an investigation conducted by a Serious Accident Investigation Team comprised of specialists from the Bureau of Land Management, the U.S. Forest Service, and the Oregon
Department of Forestry.
The report details the factual findings surrounding the accident that took the life of Jesse Trader. The accident happened the morning of August 6, 2013 on a steep, narrow and winding paved road when the 1966 International Harvester truck with a water tank left the road and rolled. Trader was completing his first fire assignment as a contract tender driver. He suffered blunt force trauma and was pronounced deceased at the scene.
“This was a tragic accident and we continue to mourn the loss of Mr. Trader,” said Jerry Perez, BLM
State Director, Oregon/Washington. “Just as we do with any fire fatality we hope to learn new
lessons that will help us move forward and focus even more closely on safety.”
The investigation found that the water tender was fully loaded and exceeded the maximum gross vehicle weight by more than 5,000 pounds. It also found that the braking capabilities of the vehicle were consistent with 1966 technology, which included only rear brakes.
The excessive weight of the vehicle, the braking system, the narrow and steep road, and the limited experience of the driver were all found to be contributing factors. Mr. Trader had received his Oregon Class B Commercial Driver’s License with the Tanker Endorsement six days prior to the accident.
Separate from the report are proposals based on what was learned from this accident and what will help prevent similar accidents in the future. Proposals include enhanced communication and cooperation among fire managers and contractors hired to provide a support service, as well as improvements in the inspection process and standards. For example, water tender vehicles on all
fires should have brakes on all axles and a requirement for compression engine brakes on water tenders should be phased in. “We will thoughtfully review these findings to enhance safety and minimize the chances of such a tragic loss of life recurring in the future,” said Doug Decker, Oregon State Forester.
The Big Windy Fire accident was also investigated by the Josephine County Sheriff’s Office, the Oregon Occupational Safety and Health Administration and the Oregon State Police accident reconstruction staff. The full report can be found at:
http://www.wildfirelessons.net/communities/resources/viewincident/?DocumentKey=9d43ee0f-2ec4-4c97- 987d-68dad2fc628f.
