Can Trucking Companies Be Liable for Negligent Hiring?

Trucking companies are expected to practice sound judgment when hiring drivers. These commercial drivers may operate vehicles weighing up to 80,000 pounds. They have an essential responsibility to drive safely and in accordance with the law. The Federal Motor Carrier Safety Administration (FMCSA) requires interstate commercial trucking companies to meet specific 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 may be required to obtain specific information from applicants' prior employers. This means employers review driver qualification files, which contain detailed information about applicants' histories. 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 extensive information. Furthermore, federal regulations require driver qualification files to be updated annually. The information found within changes each year.FMCSA regulations require companies to ask prior employers whether drivers have a history of safety problems or substance abuse. They must also conduct pre-employment drug tests. Finally, trucking companies must provide new hires with a DOT (Department of Transportation) medical examination, as certain health conditions 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 generally aim to cut operating costs. Although negligent hiring standards may be more common with smaller trucking companies, it affects the entire trucking industry. There are certain conditions under which 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 face negligent hiring and retention claims when those 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.

Travel Safety Tips for the Holiday Season

November and December are among the busiest months on highways and interstates nationwide. The vast majority of people are travelling to visit family and friends during the holidays. With more cars on the road and adverse weather conditions, there are more opportunities for car accidents. Safety should be a significant concern for all motorists this time of year. The following travel safety tips may help reduce your risk of an auto accident during the holidays.

Get Enough Sleep: Drunk and Drowsy Driving Are Similar

Lack of sleep is one of the greatest dangers for motorists taking long road trips. Drowsiness can significantly raise your chances of being involved in an accident. The AAA Foundation for Traffic Safety released a report earlier this month linking drunk and drowsy driving. According to the study, motorists driving on four to five hours of sleep show impairment similar to a blood alcohol content of .08, the legal limit. AAA also claims that missing one or two hours of sleep per night can quadruple the risk of being involved in an accident. People who get less than 4 hours of sleep are 12 times more likely to crash. The National Sleep Foundation recommends getting 7 to 9 hours of sleep before setting out on a trip and avoiding sleep medications or alcohol the night before departure. If you notice symptoms of drowsiness, such as heavy eyelids, yawning or difficulty focusing, pull over and rest or let someone else drive.

Make Sure Your Vehicle is Safe to Drive

Your vehicle cannot protect you if certain parts are not in working condition. Before setting out on a trip, it is wise to receive a tune-up. A qualified mechanic can check your brakes and pads, head and tail lights, car battery, tires, and fluids. If you have young children, the week before a road trip is a good time to check the effectiveness of booster seats. An estimated 8 in 10 parents do not know whether their booster seats are installed correctly. Some police and fire departments can perform checks. Local Texas Department of Transportation offices may also help parents with car seat issues.

Always Remember to Drive Safely During Your Trip

Long-distance driving requires extra attentiveness to road etiquette and safety. Use extra caution while traveling through work zones. Pay careful attention to speed limits during your travels. Always avoid distractions, such as mobile phones, eating, or applying makeup. There are also driving etiquette rules that can improve your safety. Never tailgate other drivers, and do not drive in the left-hand passing lane. National Safety Council statistics show more than 700 people die in car accidents every year between Christmas and New Year’s. The best way to avoid an accident is to take preventive action and plan. The Texas personal injury attorneys at Mike Love & Associates, LLC, wish everyone a happy holiday season. Please stay safe!

Shutdown Orders on Trucks and Trucking Companies

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 failing to comply with drug-testing regulations and of neglecting vehicle maintenance. They also hired unqualified drivers, one of whom crashed a vehicle here in Texas. This truck was carrying Takata airbag inflators as cargo. When the car crashed while taking a high-speed turn, 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 failing to provide 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 comply with federal motor carrier regulations and for posing a threat to public safety.

• 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 who 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 Do Injured Workers File Lawsuits in Texas?

Employers in Texas are not required to carry workers’ compensation. Some may have occupational accident insurance, while others may not take any coverage. For employers that use workers’ compensation, there are some important nuances to understand before discussing third-party lawsuits in Texas. In the event you suffer an on-the-job injury and your employer uses workers’ compensation, you will most likely be unable to file a lawsuit. Injured employees use workers’ compensation to pay for medical bills and lost income. Workers’ compensation benefits do not allow for pain and suffering damages. There are still scenarios where injured workers can file lawsuits, even if their employers are using workers’ compensation. These are called third-party lawsuits. As the name implies, third parties may be responsible for on-the-job injuries. This can include the manufacturers of equipment used on job sites, contractors, subcontractors, and other motorists. Third-party lawsuits allow for pain and suffering damages, and can result in much larger awards.

An Example of an On-the-Job Injury Caused by a Third Party

James works for a Lufkin construction company that has been contracted to help build a new community center. James’s employer has hired another company to install electrical wiring for the construction project (making this second company a subcontractor). One day on the job site, James walks in front of a loose wire left out in the open. Thousands of volts surge through James’ body, and he is badly burned. An air ambulance arrives, and James is flown to the nearest hospital with a burn unit. When he wakes from his medically induced coma, doctors tell James that he has suffered third-degree burns over 30 percent of his body and that the fingers on his left hand had to be amputated. An investigation reveals the subcontractor hired to do the wiring is responsible for the accident.

What Can Happen After Filing a Third-Party Lawsuit?

James is not employed by the electrical subcontractor in our story, making it a third party. This third party’s negligence caused James’ injuries, and he may have a claim. If James files a lawsuit against the electrical company, he should still use workers’ compensation benefits. Workers’ compensation will help pay his medical bills and lost wages while the lawsuit against the subcontractor is underway. If James is successful in securing a judgment or reaching a settlement with the subcontractor, he would be required to repay the insurance provider that provided him with workers’ compensation benefits from a portion of his award. This is a process known as subrogation. Depending on the size of the judgment or settlement agreement, the amount subrogated can be small in comparison. Workers harmed by the negligent actions of others should know what options are available to support their recovery. The Texas personal injury attorneys at Mike Love & Associates, LLC, can help injured workers and their families explore available options.

Why Does Angelina County’s Most Dangerous Intersection Continue Causing Accidents?

Angelina County’s most dangerous intersection recently caused another serious car accident, this time involving a 22-year-old woman and a 2-year-old child. The intersection at U.S. Highway 69 and FM 326 is well known in our county for causing accidents. Nearby residents interviewed by KTRE claim they frequently see serious wrecks occur. One of the residents claimed they had seen four car accidents occur at the intersection in the last month and a half. Why is the intersection a significant cause of accidents? Motorists turning onto Highway 69 from FM 326 cannot see oncoming traffic coming from over a hill to the left. Some vehicles on Highway 69 may be speeding, making this intersection even more dangerous. Fortunately, the Texas Department of Transportation (TxDOT) is taking complaints about the intersection seriously. TxDOT will be conducting a signal analysis study at the intersection this week. Data collected from the study will determine whether further action is warranted. If necessary, TxDOT could make the Highway 69 and FM 326 intersection signalized by installing traffic lights.

How Can You Avoid Accidents at Angelina County’s Most Dangerous Intersection?

The best way to avoid an accident at Highway 69 and FM 326 is to avoid the intersection by taking alternative routes. People turning right or left can take Pee Wee Smith Rd to Highway 69, as there is no hill obstructing oncoming traffic. Visibility is much better for traffic coming from either direction. Alternative routes may not be an option for everyone. Until TxDOT makes its decision, there are other ways you can reduce the chances of being involved in an accident at Lufkin’s most dangerous intersection.

• Turn off music: Highway 69 and FM 326 are a blind intersection, so it is crucial to rely on your other senses to detect approaching traffic. You may have an easier time hearing other vehicles approaching if you turn off the radio or stereo.

• Scrutinize the intersection: Look both ways, but do so quickly. It does not take long for traffic coming up over the hill to reach the intersection.

• Avoid this intersection at night: It's hard to see traffic approaching from the left. This is even more the case at night on a poorly lit highway. If you are going to turn onto Highway 69 at night, it may be best to use one of those alternative routes.

• Avoid any distractions: Eating, texting, or grooming can be fatal at this intersection. Highway 69 and FM 326 require your full attention.

It could take TxDOT a while to fix this dangerous intersection. In the meantime, we need to stay vigilant or find alternate routes. The Texas personal injury attorneys at Mike Love & Associates, LLC, encourage you to drive safely.