NOTE TO TRUCK DRIVERS:
Our law practice focuses on representation of people who are seriously injured, and families of those killed, in crashes with large commercial vehicles. While those are often truck drivers, we do not handle truckers’ employment law matters. For legal advice on issues with your employer, see Truckers Justice Center.
As a trucking accident personal injury and wrongful death lawyer based in Atlanta, I get a chance to see the trucking safety issues from the point of view of both innocent folks who are run over by tractor trailers and truck drivers who are themselves put at risk by companies that care too little about safety.
A blogging truck driver at Go By Truck News wrote this week that “A rogue motor carrier is a truck driver’s worst nightmare.”
He wrote that last year, D.A. Landis Trucking, Inc. was charged with conspiracy for ordering drivers to falsify their daily logbooks, maintain two sets of logs, falsely certify accuracy of the lying logs, had dispatchers also knowingly dispatched drivers on trips that were truck accidentto exceed hours-of-service requirements.
That is old news to those of us who have been digging through truck drivers’ logs and trip documents and both deposing and interviewing truck drivers.
He also gathered these tweets from tired truck drivers:
– “My dispatcher goes retarded when I tried to tell them I have only 1 hr left to drive.”
– “I have heard this from many dispatchers before. Come on we need you for one more.”
– “When it comes to driving we have 65mph trks n 100mph dispatchers with 26 hrs in a day!”
– “Dispatch was kind enough to plan my first load for 4am central time. My paperwork is invalid and dispatch won’t be in for another 3 hrs.”
Go By Truck News urges truck drivers to check the safety records of any company they consider working for, and to make sure they know the rules, including these:
FMCSR 392.6 Schedules to conform with speed limits. “No motor carrier shall require a run nor permit nor require the operation of any commercial motor vehicle between points in such period of time as would necessitate the commercial vehicle being operated at speed greater than those prescribed by the jurisdictions in or through which the commercial motor vehicle is being operated.”
FMCSR 390.13 Aiding or abetting violations. “No person shall aid, abet, encourage, or require a motor carrier or its employees to violate the rules of this chapter.”
FMCSR 392.3 Ill or fatigued operator. “No driver shall operate a commercial motor vehicle, and a motor carrier shall not require or permit a driver to operate a commercial motor vehicle, while the driver’s ability or alertness is so impaired, so likely to become impaired, through fatigue, illness, or any other cause, as to make it unsafe for him/her to begin or continue to operate the commercial motor vehicle.” (This regulation was mentioned in my prior article and worth repeating again here).
He is spot on in stating that, “A good safety director will educate a driver about these regulations, rewarding and not penalizing a driver for declining to take a load if they are too fatigued. A good company with a pattern of safe behavior will give a trucker an opportunity to develop a disciplined sleep routine.”
He urges that, “it’s often the employer / load planner / dispatcher pushing the trucker beyond their limits. However, all truckers should take a stand with the Trucker Mike’s ‘Mantra’ – ‘I will NEVER let anyone ‘push’ me, instead I’ll be fired for being SAFE if need be!'”
This afternoon, my friend Steve Gursten in Michigan forwarded this plea he received from a truck driver who wants to drive safely but works for a rogue trucking company that won’t allow him to follow the law:
The company that I drive for has me doing illegal runs. I feel if I don’t do them my miles will be cut or they will find a way to get rid of me. I need to care for my family. I have been too many companies and they are all the same. The one I’m with now is the worst. I’m looking for other employment and coping the best I can. Is there anyone I can talk to like a whistle blower organization? Or maybe a letter too the sec of transportation? Companies, dispatchers, shippers and receivers need to be held accountable. Until we have better legislation in place to address this, us truckers will always be at the bottom of the hill. And of course we know which direction s##t rolls.
That is right in line with my impression over the years that most truck drivers are just ordinary good guys working hard to make a living, but are too often pushed by employers, motor carriers, shippers, brokers, etc., to make illegal runs on impossible schedules, so that they are often pushed beyond the limits of human endurance.
That is why I generally try to handle these cases by digging for a root cause analysis in the corporate safety management system — or lack thereof.
I suggested referring this guy to Truckers Justice Center in Minnesota, operated by a lawyer who represents whistle blowing truck drivers nationwide
If your or a family member were run over by a tractor trailer, or if you are a truck driver badly injured in the line of duty, I would be glad to talk with you with no obligation.
Ken Shigley is an Atlanta-based trial attorney who served as president of the State Bar of Georgia in 2011-12, is listed in Georgia “Super Lawyers” and “Legal Elite,” is double board certified by the National Board of Legal Specialty Certification, and focuses his practice on serious personal injury and wrongful death cases arising for truck, car and defective product accidents.