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

Posted On December 7, 2016 In Truck Accidents

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.