When Bad Policy Leads to Dangerous Truck Drivers

Trucking companies are responsible for ensuring that their drivers do not put themselves or anyone  they share the roads with at risk of accidents. Therefore, they should have specific rules and policies to encourage their truckers to drive safely.

The sad reality is that there are many  trucking companies that do the complete opposite and actually have policies in place or allow their employees to disobey policies that can lead to dangerous driving and catastrophic truck accidents. This is typically because the trucking company prioritizes their profits over their employees’ and other road users’ safety, health, and well-being.

Common trucking company policies or violations

When a truck accident occurs, people may assume it’s only the truck driver’s fault. However, it’s not uncommon for truck accident attorneys to evaluate the entire situation and find out that the truck driver’s employer was also negligent and played a big role in the accident. While trucking companies are responsible for ensuring that their drivers have adequate experience, training, and supervision, they can also develop certain policies or possess a certain type of workplace culture, which encourages truck drivers to violate federal and state policies already in place. Here are a few of the different types of policies or violations of policies that trucking companies may possess or encourage:

• Violation of the Hours of Service (HOS) policy: The Federal Motor Carrier Service Administration (FMCSA) implemented the HOS policy to inform trucking companies and truck drivers how many hours they can drive and how many breaks they must take. This policy aims to ensure that truckers can stay awake, remain alert and attentive, and do not cause accidents due to being sleep deprived or overworked. While this policy effectively explains the rules and regulations that trucking companies and truck drivers should follow regarding the number of hours and breaks per shift, some trucking companies find ways to encourage drivers to violate it. For example, they may offer incentives, raises, and prizes to the drivers who make it to their drop-off locations, without concern for whether they go over the required hours. When a truck driver does this, their response times will likely decrease, they will be more at risk of making careless or reckless mistakes, and their ability to make decisions and solve problems could also become affected, leading to a severe or fatal crash.
• Allowing overloading: There are also federal rules and regulations stating that semi-trucks cannot be overloaded or improperly loaded at any time when driving across Mississippi or the rest of the country. This restriction is because if a semi-truck is carrying overloaded or improperly loaded cargo, the driver will have trouble controlling and maneuvering the large and heavy vehicle. However, some trucking companies throw this policy out the door and request that their cargo loaders fit as much cargo as possible in each trailer. They think that this will help them save money because they will need to make less trips to the destination, but it can actually result in the truck driver losing control of the vehicle, the semi-truck tipping back and forth around curves and turns, and even rolling over onto its side or other nearby vehicles.
• Overlooking substance abuse: Truck drivers are legally not allowed to get behind the wheel of an 18-wheeler after doing any type of drugs. Therefore, to prevent this, the FMCSA has created certain laws and regulations, requiring truck drivers to be frequently and randomly drug tested. If a trucker is asked to take a drug test and fails or refuses, they must go home and cannot return to work or drive again until they can successfully complete the return-to-duty process and testing. However, some trucking companies may turn a blind eye or choose to overlook the obvious signs that a truck driver may have a substance abuse problem. Instead, they may inform the truck driver about a “random” drug test coming up or allow the truck driver to retest if they fail without ever taking them off duty or documenting the previously failed drug test.
• Not requiring honest recordkeeping: Recordkeeping is a big part of a truck driver’s job. They must complete certain documents each shift, letting their employer know what they did, how many miles they drove, when they took breaks, and more. However, a trucking company may tell their drivers that it is okay to lie on their records as long as it benefits them. As a result, truckers may feel pressured to go over the Hours-of-Service rule and lie on their documentation to ensure that no one gets caught.
• Ignoring licensing requirements: Individuals who want to work as truck drivers must possess a clean driving record and obtain a commercial driver’s license (CDL). Unfortunately, if a company is having a difficult time finding individuals who have a CDL, they may hire employees without the necessary qualifications and allow them to drive before obtaining their CDLs. This can turn into a devastating situation because if a driver does not possess the proper licensing requirements, there is a good chance that they do not have the experience or background needed to complete the job, putting themselves and other drivers in harm’s way.

If you or a loved one was involved in a truck accident in Mississippi, please do not hesitate to get in touch with Merkel & Cocke, P.A. at your earliest opportunity. Truck accidents usually consist of more than one responsible party, such as the truck driver, trucking company, manufacturer, auto mechanics, and cargo loaders. Your Mississippi truck accident lawyer can help you determine liability, inform you of your rights, and stand up and fight for the compensation you need and deserve to rebuild your life again. Our team works with some of the best experts who will help us evaluate all our options and do everything possible to hold the responsible parties accountable for their negligent actions that caused your truck accident. Please call our office or complete our contact form to schedule a free, no-obligation consultation in Jackson, Clarksdale, Greenville, or Oxford today.

Charles M. Merkel, Jr.

For more than 40 years, Mr. Merkel has personally delivered more than 400 jury presentations in the representation of personal injury victims whose cases involved complex medical and technical injury mechanisms and causation problems. After graduating magna cum laude from the University of Mississippi School of Law in June 1966,   Mr. Merkel has received multiple jury awards ranging from $1 million to $20 million, and many more million-dollar settlements. He is active in trial lawyer activities and is a frequent lecturer on trial technique and advocacy, appearing at seminars sponsored by the Mississippi State Bar, Mississippi Association for Justice, American Board of Trial Advocates, and others. Learn more about Charles M. Merkel Jr.