Can Trucking Companies Be Held Liable for Negligent Hiring Practices?

Trucking companies are expected to practice good judgement when hiring drivers. These commercial drivers may operate vehicles weighing up to 80,000 pounds. They have an important responsibility to drive safely and in accordance with the law. There are Federal Motor Carrier Safety Administration (FMCSA) regulations that require interstate commercial trucking companies to meet certain hiring and employee retention standards. As we know from experience, companies sometimes relax these standards and hire drivers unfit for the job. Negligent hiring practices may lead to truck accidents.

Are Trucking Companies Required to Perform Background Checks?

Depending on the circumstances, companies are required to obtain certain information from the prior employers of applicants. This means employers review driver qualification files, which contains detailed information on the history of applicants. For example, a driver qualification file may include the following:

• Prior and current driver’s licenses
• Applications for employment
• Information on prior work experience at other companies
• License suspensions
• An annual list of violations and review of driving records
• Medical examination certificates

These are only a few examples. Driver qualification files contain an extensive amount of information. Furthermore, federal regulations stipulate that driver qualification files must be updated annually. The information found within changes each year.FMCSA regulations require companies to ask prior employers if drivers have a history of safety problems or substance abuse issues. They must also conduct pre-employment drug tests. Finally, trucking companies must provide new hires with a DOT (Department of Transportation) medical examination, as there are some health conditions that are automatic disqualifiers.

Why Do Companies Hire or Retain Unsafe Truck Drivers?

Conducting background checks is a time-consuming and sometimes expensive process. Trucking companies with relaxed hiring standards are generally trying to cut operating costs to save money. Although negligent hiring standards may be more common with smaller trucking companies, it affects the entire trucking industry.There are certain conditions where drivers are disqualified from being hired. For example, companies cannot hire truckers with suspended licenses or with recent histories of drug and alcohol abuse. They are forbidden from hiring drivers who have recently tested positive for drugs. Companies may also have their own policies that disqualify applicants. These same conditions apply when businesses retain truckers.When trucking companies knowingly hire drivers with poor safety records, or those who are not qualified to drive, they may be hit with negligent hiring and retention claims when their drivers cause truck accidents. The same may also be true when companies ignore their own hiring policies, or retain unsafe drivers. Depending on the circumstances, injured motorists could bring negligent hiring and retention claims against these companies.The Texas truck accident attorneys at Mike Love & Associates, LLC can help victims of truck crashes and their families hold negligent commercial carriers accountable.

Can FMCSA’s New Rule Save Us from Impaired Commercial Drivers?

Impaired commercial drivers cause bus and truck crashes every year. A new Federal Motor Carrier Safety Administration (FMCSA) rule will establish a database to identify commercial drivers with a history of drug or alcohol violations. If the rule and database are successful, it will close a loophole used by commercial drivers for many years. In the past, commercial drivers with drug or alcohol violations would switch companies or move to other states to avoid detection. This is a process known as “job-hopping” in the commercial motor carrier industry.Drivers job-hop because drug and alcohol violations make them ineligible to hold a commercial driver’s license (CDL). When applying for a CDL in another state, these violations do not show up on their records. The FMCSA’s aims close this loophole by establishing a centralized database. This new rule also sets guidelines for how commercial carriers must use the database and report drug and alcohol test violations.On December 5^th, the FMCSA published a final version of its new rule on the Office of the Federal Register’s website. The rule requires motor carriers to run prospective drivers through the database to look for previous violations at other companies. Motor carriers will also be required to input existing employees into the database once per year to look for violations. Once the FMCSA’s database is established, it may become impossible for drivers to conceal prior drug and alcohol violations from their employers. However, drivers must grant their consent for records to be released to current or prospective employers.Reporting requirements for the database are strict. Under FMCSA’s rule, employers and medical review officers, the people who conduct drug screenings, must report drug and alcohol use or testing violations. Reported violations would end up in the database.

Unmasking Poor Driving Records May Prevent Bus and Truck Crashes

Commercial drivers impaired by drugs or alcohol are a major threat to public safety. Regulators take this threat seriously, and have guidelines for drug and alcohol testing. FMCSA regulations state commercial drivers cannot use illicit drugs or have blood alcohol content levels of more than .04 percent. Drivers can also receive violations for refusing drug or alcohol tests.Truck accident attorneys, federal lawmakers and the commercial motor carrier industry have known for years that job-hopping endangers the public. Four years ago, Congress requested a national database for drug and alcohol violations to prevent job-hopping by unqualified CDL holders. A Government Accountability Office report from 2008 discovered 100 percent of drivers guilty of drug or alcohol violations withheld this information from their employers.Commercial carriers may be held liable for accidents when they hire drivers with unsatisfactory driving records or a history of unsafe driving. Unfortunately, this is a common practice that costs hundreds of lives every year. In many cases, there are warning signs that drivers are putting others in danger. For example, the school bus crash in Chattanooga, where parents and school officials complained multiple times beforehand that the driver was speeding. An experienced personal injury attorney can help accident survivors or their families uncover records that show commercial carriers acted negligently.The Texas truck accident lawyers at Mike Love & Associates, LLC are dedicated to holding negligent commercial carriers responsible for causing crashes.

Can Trucking Companies or Truckers Be Shut Down for Safety Violations?

Not all trucking companies or commercial truckers are unsafe, but there are bad apples. Take for example the case of a Connecticut-based driver who crashed his truck while drunk and changing his pants. The trucker told police he had turned on the vehicle’s cruise control at 63 miles per hour, and then stood up to change his clothing. Police reported the man’s blood alcohol content was .209, or five times the allowed amount for commercial drivers.Trucking companies can also be dangerous. A trucking company in Georgia faces accusations of ignoring regulations for drug testing employees and not performing maintenance on vehicles. They also hired unqualified drivers, one of which crashed a vehicle here in Texas.This truck was carrying Takata airbag inflators as cargo. When the truck crashed while taking a turn at high speed, the Takata airbag inflators caught fire. The resulting explosion leveled a house, killed the occupant, and caused extensive damage to several other nearby properties.Fortunately, the Federal Motor Carrier Safety Administration (FMCSA) can shut down unsafe trucking companies and drivers.

What Happens When the FMCSA Gives a Shutdown Order?

Commercial carriers who receive shutdown orders must halt all intrastate and interstate operations because they are a threat to public safety. The same goes for drivers.

• Trucking companies: Commercial carriers, or trucking companies, receive shutdown orders for failing to perform maintenance, hiring unqualified drivers, failing to monitor drivers for hours-of-service compliance or not providing training. These companies may also fail to inspect equipment or perform background checks and drug tests on drivers. Generally, trucking companies receive shutdown orders for failing to abide by federal motor carrier regulations, and for presenting a threat to public safety in the process.

• Truck drivers: Truck drivers receive shutdown orders for drug use, unsafe driving, ignoring hours of service rules, lacking qualifications, or violating other federal regulations.

Commercial carriers and drivers that violate shutdown orders can receive hefty civil and criminal penalties. These companies and drivers are a threat to public safety.

Why Are Shutdown Orders Good for Public Safety?

Shutdown orders exist for good reasons. They will not prevent all truck accidents, but they can reduce the overall number. There were 3,424 fatal truck accidents in 2014. Some of these accidents were caused by drivers who had violated federal safety regulations. One example is the crash that killed comedian James McNair, and left famous entertainer Tracy Morgan with a brain injury. The WalMart driver responsible for the accident had been awake for more than 24 hours and was speeding.The Texas truck accident attorneys at Mike Love & Associates, LLC can hold negligent truckers and commercial carriers accountable for causing accidents.

How Can the Department of Transportation Prevent Fatal Truck Accidents?

U.S. Department of Transportation statistics show there were 3,424 fatal truck accidents in 2014. Causes of these accidents included commercial drivers who were speeding, using drugs or alcohol or falling asleep at the wheel. Additional accidents were caused by drivers travelling behind semi-trucks who were unable to see upcoming traffic or obstacles.Federal regulators and commercial carriers have considered several solutions to prevent truck accidents. Solutions include requiring speed-limiting devices, ELDs, automatic emergency brakes or early warning systems on commercial trucks.

Can These Solutions Prevent Fatal Truck Accidents?

• ELDs and hours of service: Federal regulators will soon require electronic logging devices (ELDs) on commercial trucks. These devices electronically log how many hours truckers are driving. Presently, many truckers still record their driving hours (hours of service compliance) on paper logs. Proponents of ELDs claim paper logs can be falsified. ELDs record information directly from the truck, making falsification impossible. The FMCSA believes ELDs will save lives, but it has experienced pushback from the commercial trucking industry.

• Speed-limiting devices: The FMCSA and NHTSA recently proposed speed-limiting devices on commercial vehicles weighing more than 26,000 pounds. If this proposal became a rule, it could limit truck speeds to 60, 65 or 68 miles per hour. Speed-limiting devices could reduce the damage caused by truck accidents. Trucks travelling at faster speeds will have greater impact force when they collide with other vehicles. Opponents of this measure claim speed-limiting devices would cause road rage and speed differentials between large trucks and other traffic.

• Automatic emergency braking: NHTSA has considered a rule that would require all trucks to be outfitted with automatic emergency brakes (AEBs). According to the University of Michigan Transportation Research Institute, AEB’s would decrease fatal truck accidents by 44 to 47 percent. This technology could potentially save hundreds of lives every year.

• Early warning systems: Due to the nature of their job, truck drivers can become inattentive after driving for long periods of time. Early warning systems use onboard sensors to alert drivers when a collision is imminent. They also warn drivers who are in danger of veering off the road. The best early warning systems would utilize automatic brakes in case the drivers failed to respond.

How Would You Prevent Fatal Tuck Accidents?

There are other solutions that may prevent truck accidents not mentioned on our blog post today. One example is requiring sleep apnea screening for commercial drivers with certain BMIs or preexisting health conditions.Let’s pretend for a moment that you are the Administrator of the FMCSA, and tasked with developing solutions to prevent thousands of deaths and injuries caused by truck crashes each year. Which of these solutions would you pursue to prevent these deaths and injuries? Would you create your own solution?Let us know what you think by connecting with the Texas truck accident attorneys at Mike Love & Associates, LLC on Facebook and Twitter.

Should Large Vehicles Use Speed Limiting Devices?

East Texas has experienced several truck accidents in recent weeks. Last week, a log truck rollover in Nacogdoches shut down part of Highway 7. In August, a tractor-trailer and two passenger vehicles were involved in a collision in Lufkin. Two people lost their lives. Recent news is a reminder that commercial vehicles are capable of causing more destruction than passenger vehicles. It is important for commercial drivers to avoid speeding and other dangerous driving habits. However, commercial drivers are human beings, and therefore not immune to making mistakes. For this reason, federal regulators are putting an emphasis on using new technologies to prevent these bad behaviors. Speed limiting devices might be one way to accomplish this goal.

Why The FMCSA and NHTSA Want Speed Limiting Devices

A proposed Federal Motor Carrier Safety Administration (FMCSA) and National Highway Traffic Safety Administration (NHTSA) proposal would make speed limiting devices mandatory on commercial and multipurpose vehicles weighing more than 26,000 pounds. This would include tractor-trailers, school buses, passenger buses and other large vehicles.At the moment, the rule has considered using the devices to cap maximum speeds at 60, 65 or 68 mph. The FMCSA’s and NHTSA’s rule has been submitted to the Federal Register and will now be open to public comment until November 7th. Critics and proponents of the rule have already voiced their opinions through multiple press releases. We can learn quite a bit from what they are saying.U.S. Transportation Secretary Anthony Foxx claims that speed limiting devices on large vehicles could serve an important purpose. He claims it would save lives. NHTSA Administrator Mark Rosekind echoed these sentiments, saying that decreasing speed would reduce the impact force from collisions. According to both Department of Transportation agencies, speed limiting devices on vehicles weighing more than 26,000 pounds could save 27 to 498 lives every year. Both arguments also suggest that many people could be spared the hardships of living with disabilities from catastrophic injuries.On the opposing side of the rule, is the Owner-Operator Independent Drivers Association (OOIDA). According to the OOIDA, the new rule would jeopardize the safety of all motorists because it would lead to speed differentials and road rage. The association claims that highways are safer when all vehicles are driving close to the same speed.

Where Do You Stand On This Issue?

Both sides make some interesting points. We know that speeding commercial trucks are more likely to experience rollovers, jackknifing, have less time to stop and are much more likely to cause fatal collisions due to the massive impact force. On the other hand, road rage is dangerous and capable of causing accidents. People undergoing a fit of road rage are much more likely to perform dangerous maneuvers, such as leaving the highway to pass other vehicles or speeding.If it were up to you, would you want to implement the rule that requires speed limiting devices on vehicles weighing more than 26,000 pounds? Keep up with the Texas truck accident attorneys at Mike Love & Associates, LLC on Facebook and share your thoughts.