Feds Remove 287 Negligent Commercial Truck and Bus Drivers From the Road

July 13, 2012

Anyone driving on the road in any size vehicle knows the risk is always there of an accident. But when a car, SUV or van collides with a semi truck, it's no secret which vehicle's occupants have the higher risk of suffering severe or fatal injuries.

Federal Safety Efforts

The Federal Motor Carrier Safety Administration is the federal agency responsible for preventing motor-vehicle accidents with large commercial trucks and motor-coach passenger buses. Part of the U.S. Department of Transportation, the FMCSA runs a yearly sweep in which it focuses on commercial drivers who flout federal alcohol and drug rules on the road.

The 2012 drug and alcohol inspection strike force of almost 200 investigators removed from the national driving fleet 287 drivers this spring based on reviews of drivers' drug and alcohol records. The agents flagged violations of alcohol and drug testing rules and identified drivers who move between companies to avoid required alcohol and drug monitoring.

Depending on the outcomes of their cases, the targeted drivers may lose their commercial driving privileges and face fines. The companies that employ and put drivers on the road without proper testing, or despite failed drug or alcohol tests, also face potential penalties.

Negligent Truck Drivers

The FMCSA's hard work to target negligent and reckless truck drivers who are more likely to drink alcohol or take drugs before driving their commercial vehicles is commendable. But despite the best efforts of the FMCSA, and of state and federal law enforcement, negligent truck drivers still get behind the wheel of giant semis that sometimes carry hazardous materials on our highways with passenger vehicles and motorcycles, and on city streets with bicyclists and pedestrians.

Dangerous Trucks

According to the National Center for Statistics and Analysis, or NCSA, fatalities are more likely in an accident involving a semi. The Truckers' Report shares some facts that shed light on why an 18-wheeler driven by a negligent driver can be so dangerous in a truck accident with a passenger vehicle:
- A car weighs roughly 5,000 pounds, not much protection in an accident with a commercial semi truck, the maximum weight limit of which is 40 tons or 80,000 pounds, or even more with the proper overweight or oversize permit.
- It takes almost twice as long to stop a tractor trailer than it does an automobile.
- A semi is usually 13 feet and six inches high, and about 70 to 80 feet long.

Ways a Truck Driver Can Drive Negligently

Like all drivers, truck drivers must follow the rules of the road to keep the flow of traffic safe. Truck drivers also have specific federal and state laws and regulations that apply to them like hours-of-service rules that require truck drivers observe strict limits on hours worked to fend off fatigue and anxiety. If a truck driver violates the law in the course of driving, it may be seen as evidence of negligence or automatic negligence in a personal injury lawsuit.

Some examples of truck-driver negligence:
- Improper turning, including wide right turning, especially from the left lane
- Alcohol or illegal drug driving violations
- Fatigued driving
- Driving while using prescription medication that can affect the ability to drive safely
- Speeding
- Failure to slow down to account for poor weather conditions or night driving
- Distracted driving, including violation of the FMCSA's ban on interstate truck driver hand-held mobile-phone use, as well as other common driving distractions like reading, looking at maps, eating or viewing computer screens
- Tailgating
- Knowingly driving with an oversized load or improperly loaded freight
- Knowingly driving with a semi in disrepair
- Driving with a dangerous medical condition that is not under control, such as epilepsy, sleep apnea or narcolepsy
- Driving without learning the route
- Driving without proper vision correction
- Driving without required medical examinations to look at important abilities like reflexes, reaction times and visual acuity
- Driving without proper commercial licensing or with a suspended license
- Driving without proper training

Seek Legal Assistance

Anyone injured in a crash with a semi truck, or who loses a loved one in such an incident, should seek the help of an experienced truck accident attorney. The legal questions can be complicated in a lawsuit for negligence or wrongful death. For example, there may be a legal claim both against the individual driver and against the driver's employer. It is also important for a plaintiff to arrange for his or her own investigation of the accident and a skilled lawyer can coordinate the gathering of vital evidence.

Article provided by McSweeney & Fay, P.L.L.P.
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