DRUG USE HIDDEN AND RAMPANT IN TRUCKING INDUSTRY
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Posted on August 5, 2011 by Morgan Adams
While trucking companies acknowledge that hair tests show a much higher number of drivers with drug problems than conventional drug testing, most still don't use this modern and efficient test.
C.R. England, a large national trucking company, found when it switched to hair tests for drugs that the positive rate for drivers shot up to from 2.8% to 11%. Both JB Hunt and Schneider are also using hair tests to determine drug use. Schneider found on a simultaneous urinalysis/hair test that 82 truck drivers tested positive on the urinalysis and 964 on the hair test. The difference is 882 drug users that are on our roads, slipping through the crack with a company that does not hair test for drugs.
See: Transportation Topics, July 11, 2011, P3
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Knight Transportation Destroys Evidence - Why You Need to Hire a Lawyer ASAP in Trucking Cases!
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Home > Spoliation > Knight Transportation Destroys Evidence - Why You Need to Hire a Lawyer ASAP in Trucking Cases!Posted on August 12, 2011 by Morgan Adams
Knight Transportation has been found guilty of destroying evidence. Destruction of evidence is typical in the trucking industry and a prime reason you need to hire a lawyer ASAP.
In the case at hand the federal judge in Texas stated:
[The Driver's] flight from the accident scene and Knight's hasty replacement of the truck's tires are the epitome of bad faith conduct. [The driver's] flight from the accident scene and Knight's hasty replacement of the truck's tires are the epitome of bad faith conduct. Surely the driver, a professional truck driver, knew that fleeing the accident scene not only violated the law but would necessarily thwart evidence recovery efforts on the truck. Likewise, Knight's replacement of the truck's tires within two days of the fatality accident, after its driver fled the scene and the state, cannot seriously be labeled anything less than intentional conduct.
Lastly, Knight's failure to preserve key Qualcomm messages, in the face of a request to produce and preserve by a law enforcement agency, also strongly evinces bad faith.
The full case can be downloaded HERE
OIDA ALMOST GETS IT RIGHT ON MEXICAN TRUCKING
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Posted on July 6, 2011 by Morgan Adams Recently Todd Spencer, vice president of the Owner-Operator Independent Drivers Association (OIDA) stated "This program [full access to the US of Mexican domiciled trucking companies] will jeopardize the livelihoods of tens of thousands of U.S. based small-business truckers and professional truck drivers and undermine the standard of living for the rest of the driver community." He failed to add that these trucks will be dangerous and the Mexican truck driver's likely to be more accident prone. It is not just jobs that are going to be lost, it is also going to be lives. On a separate note do we really believe that the problems we have in the US with the http://www.safersys.org/ statistics (which the industry blames on the states poor record keeping) are somehow going to be solved, or bettered by the Mexican counterparts? Does anyone believe Mexican record keeping will be close to being as good as what we have in the US? And what about records? Will all the driver qualification files be in Spanish? Are American citizens, who have already been injured by Mexican trucks, really going to have to pay to translate every document? This is a bad law!Trackbacks (0) Links to blogs that reference this article Trackback URL
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Changes in the regulation of the trucking industry change truck litigation
Truck accidents are the most deadly of all vehicle accidents. Although trucks represent a small minority of the total number of vehicles on the streets, Gesamtmasse(n) accidents represent a disproportionately high number of serious accidents.
The death toll in a truck accidents is almost 63 percent higher per mile driven than for all other motor vehicle accidents after federal carrier engine Safety Administration (FCMSA). The typical commercial truck accidents is also associated with the economic cost almost $100,000 per accident.
The high human and financial resources of commercial truck accidents fatalities means that injuries often suffer catastrophic injury or wrongful death of a beloved truck accidents victims in Georgia. If a family by devastating injuries suffered or the loss of a beloved, it takes an enormous emotional and financial strain. This means that the victims of violations and/or the family of the victim typically energy and attention towards questions relating to litigation, to reroute lost wages, massive medical bills, and uncooperative insurers. A person or a family trying to address these problems at the overcoming of physical pain and emotional battles can the victim or the family is exploited by unscrupulous insurance companies if the victim or the victim's family is the most vulnerable lead. The experienced Gesamtmasse(n) accident attorneys in Montlick and staff have eagerly seeks the best possible result for articulated lorry accident victims for over 28 years in Atlanta and very Georgia.
While increased regulation and more accurate reporting made safer the trucking industry, they have also a premium set, work on semi-trailer accident victims with experienced semi-trailer accident lawyers who understand the unique, safety standards and reporting rules for the trucking industry. In 2010 the FCMSA the compliance security accountability (CSA) program launched to provide more stringent standards and safety for the commercial trucking industry. These new standards additional information available and additional safety requirements, a commercial truck action in Georgia could be means that there will be. These new standards affect commercial truck litigation in the following areas:
Improved coverage of security Violation more information available for pre-employment ScreeningWider availability of data from integrated data recorderA plaintiff in a commercial truck for personal injury or wrongful death semi-trailer action now has access to improved data on the safety and violations of a truck company. The new system of reporting problems and violations of safety provides information on crashes reported that the State and roadside inspections, including security violations and the federal motor of census data. The experienced Georgia Gesamtmasse(n) accident lawyers Montlick and associates file freedom of Information Act requests for this important data in the investigation of the client collision with a tractor.
The current system of evaluation of the safety records of commercial truck company is called safety measurement system (SMS) and evaluates truck security company records in seven critical categories, including:
Vehicle MaintenanceUnsafe-DriversDrug or alcohol use by DriversNumber the population CrashesDriver FatigueIssues with hazardous material or other freight of problem fitness problems with driver (i.e., health or disease)The commercial carrier is issued an assessment based on his record in these seven critical areas of 2 year (24 months). The valuation of a truck company received is based both on his violations of security and the history of accidents, based on the above factors. Each truck companies get is one of the three classifications "continue to operate", "slightly" or "inappropriate."
There were further changes during the past 12 months, concerning litigation semi-trailer. Another important change truck sectoral rules last year was a new pre-employment screening program (PSP). The program allows truck companies, information obtaining potential employees, including three years inspection and five years of crash data. The driver has the right, call this record driving details of their own so our semi-trailer accident attorneys generally data of the transport company or the driver's possession be request during the detection process. There were also significant changes for the availability of data on board recorder information as with 10 percent or higher hours service raises an error in their logbooks each institution must provide their trucks with these data recorder.
The core is that it can show major changes, the critical that took part in an action against a commercial transport company in Georgia. Our Atlanta office Gesamtmasse(n) treated accident truck accident cases throughout Georgia. We carefully monitor changes in the laws, regulations and industry practices, so that we can offer our customers of the best possible legal representation in Gesamtmasse(n) litigation. It is important to consult so that valuable information can be obtained as soon as possible after an accident with us can.
Our Atlanta truck accident lawyers are the customers in all Georgia and in the Southeast, including but not limited to Albany, Athens, Atlanta, Augusta, Columbus, Gainesville, Macon, Marietta, Rome, Roswell, Savannah, Smyrna, Valdosta to help Warner Robins and all the smaller towns and rural areas in the State. No matter where you are our lawyers are only a phone call away, and we come even to you. Call the week us 24 hours a day/7 days for your free consultation at 1-800-LAW-NEED (1-800-529-6333). You can also visit us at www.montlick.com and use our free case evaluation form or 24-hour live online chat.
TRUCKING COMPANY STILL UNSAFE KENWORTH KNOWINGLY RENT
Posted on June 4, 2011 by Morgan Adams
Lets face it, there are good truck drivers (I represent a lot of them when they get hurt by unsafe truck drivers.) and then there are folks that shouldn't drive a tricycle much less a tractor trailer. The latter category of truck drivers endangers my friends on the road and my family. So what to do?
Well, if you are a trucking company executive, the first thing you can do is hire safe drivers. (The second thing you can is provide adequate training but lets save that for another day.) In 2008 there were 4.9 million of commercial drivers. Despite the large number of drivers, trucking companies have almost 100% turnover of drivers every year - and a driver shortage is anticipated by the industry. That means that a trucking company has to replace each driver in their fleet every year. As drivers get harder to find, some companies simply hire from the bottom of the barrel.
The FMCSA agrees that hiring safe drivers is critically important in avoiding wrecks. It has therefore set up a pre employment screening program (PSP) to allow trucking companies to check drivers crash and safety records out BEFORE they hire them. So if we consider there are almost 5 million drivers, and 100% turnover, there should be almost 5 million driver safety checks right? Wrong! Only 7.6 of truck drivers, or 380,000 were checked out before being hired last year! (Transportation topics, May 30, 2011, p4) The reason I believe they dont check out drivers? Bad drivers work cheaper, keeping wages down across the industry for good safe drivers and putting professional more money into the pockets of trucking companies.
Once again keeping the wheels moving, and making money, wins out over putting safe drivers behind the wheels and paying them fairly.
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50,000 Letter of formal notice on unsafe trucking companies of FMCSA be sent
Warning letters (an example can be found here) are the first step that takes the FMCSA to tell trucking companies that they are flawed in a field of safety. It is expected that 8% of all carriers (approx. 50,000) warning letters in the next few months, according to an article in the issue 7 March 2011 transportation topics, an industry newsletter received. This means that almost one in every 10 truck on the road by a truck company operated, that is unsafe in any way.The new Government will now cause security system, CSA 2010, these identified companies roadside inspections still have increased.
In the course of time, that hope it is, that the need for decreasing the letter a warning, as truck companies become more secure in response to these identified problems or have their authority to use, if they not to problems to resolve. Currently starts the truck industry is booming, with more freight is delivered and bought more trucks. Environment each driver is the temptation for truck company, in a rising freight costs, rent, as long as the loads get moved and the company makes money, important. I'll continue that on these issues how to implement the new security system and its full ramifications are work by the industry and the legal system.
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