In this Blog category you will find articles about big commercial trucks accidents with a motor vehicle and how to avoid them. Personal Injury suits and insurance claims may require the help of an attorney. A good lawyer can protect your rights under the law.
Media reports of trucking companies in California forcing their drivers into debt and pressuring them to work up to 20 hours a day while paying them pennies per hour has caught the attention of a group of high-profile Democratic Senators and Representatives.
Senators Elizabeth Warren, Dianne Feinstein, and Kamala Harris joined Senator Sherrod Brown in sending letters to 16 top US retailers, requiring them to state what actions they have taken to identify and rid worker abuses from their supply chain by cutting ties with port trucking companies committing labor violations.
As federal legislators, the senators have drawn a line in the sand, stating their intent to aggressively pursue all federal avenues to ensure that all port trucking companies comply with state and federal laws that protect the economic security and health and safety of workers.
While Home Depot has changed trucking companies, no longer using those named, and some retailers say they have taken steps to identify abusive companies in their supply chain, other retailers have either said they were unaware of violations or are not responsible for monitoring contractors and subcontractors in their shipping operation.
Big companies doing business in California by law must disclose what efforts they make to monitor their overseas supply chain, but are not required to apply those standards to their U.S. shipping operations. In California, state Rep. Ricardo Lara said he is drafting a bill to change California law to require companies to disclose how they audit their operations at American ports.
Port Trucking Companies Accused of Modern-Day Indentured Servitude
To finance their fleet, port trucking companies use so-called independent drivers who must sign truck lease purchase contracts requiring them to pay all expenses for the use and maintenance of their trucks from the low wages they receive.
If they fall behind with payments or refuse to work up to 20 hours a day, beyond federally mandated limits on hours of service, the company can fire them, seize the truck and all money the driver has paid toward buying it.
Retailers Enable Port Trucking Company Labor Abuse
For over a decade, major US retailers have been able to ignore signs of port trucking labor abuses because there are no laws requiring them to police their U.S. shipping vendors or the subcontractors those vendors hire.
In fact, as port drivers continue to be treated as modern-day indentured servants, retailers have paid lobbyists tens of millions of dollars to fight bills that would protect the rights of truckers.
A lobbying group of retailers, shippers and trucking companies led by retailer Target called the Coalition for Responsible Transportation has even fought port trucking-specific bills that would have enabled agencies to punish trucking companies for violations of existing labor laws.
Drivers Seek Recourse with Labor Commissioner and Courts
In July, Rep. Alan Lowenthal, D-Calif, and Rep. Peter DeFazio called on regulators to begin working with state officials to coordinate efforts to enforce labor laws, and said they may seek to compel federal and state coordination if the agencies do not quickly take steps on their own.
Meanwhile, drivers have had some success with filing complaints against port-trucking companies with the California Department of Labor Standards Enforcement. In nearly half of those cases, the Labor Commissioner’s office determined that the drivers, working set hours for one employer, were in fact employees, not independent contractors, and therefore owed stolen wages and penalties.
Drivers have also taken their case to court as employees in dozens of individual and class action law suits to address violations of the California Labor Code; and in over 97% of the cases, judges have sided with drivers.
Major US retailers for over a decade have chosen to ignore signs of labor abuses within their supply chain, as port trucking companies force their drivers into debt, making them work up to 20 hours a day, sometimes paying them pennies per hour.
To get from manufacturer to retailer, goods are transported by port trucking companies that use independent drivers, often coercing them to sign truck lease purchase contracts they don’t understand. A driver must then pay all expenses for the use and maintenance of his truck from the low wages he receives. If he becomes sick and falls behind with the payments, the company can fire the employee, seize the truck and tens of thousands of dollars the driver has paid toward buying it.
Heavily lobbied by the trucking industry, Target, Home Depot, Costco, Walmart, JC Penney and other retailers have chosen to ignore reports of port trucking company labor abuses. They can look the other way because there are no laws requiring them to police their vendors or the subcontractors those vendors hire.
Trucking Companies Push Costs Onto Drivers
In 2008, the ports of Los Angeles and Long Beach, California banned older trucks from entering the harbor. Port trucking companies were suddenly faced with a $2.5 billion problem of replacing 16,000 aging big rigs with newer, cleaner trucks. Their solution was a lease-to-own program to push the cost onto individual drivers. Trucking companies arranged to finance their fleet, then passed on the cost of each truck to an individual driver. By that time, most port trucking companies were employing drivers as low-paid independent contractors who had to cover their own expenses.
Coalition for Responsible Transportation Fights Port Trucking Regulation
A lobbying group of retailers, shippers and trucking companies led by retailer Target called the Coalition for Responsible Transportation was formed to steer policy while regulators decided the rules for clean trucks. The coalition and its parent organization, the Retail Industry Leaders Association, fought port trucking-specific bills that would have converted California drivers to employees, given cities the right to regulate port trucking, and held retailers themselves liable in civil cases that workers brought against their vendors.
To date, the companies have paid lobbyists over $12.6 million to fight bills that would have protected the rights of port drivers, even after hundreds of drivers have told regulators they were treated as modern-day indentured servants.
Los Angeles and Long Beach, California, the nation’s busiest ports, have been the center of a legal dispute between port trucking companies and their drivers, a dispute that has widened to include the entire nation’s port trucking industry.
Nationally, there are over 2000 port trucking companies, known as drayage, running 100 trucks or less, transporting cargo between docks and warehouses. As many as 25,000 drivers in Southern California transport goods to and from port terminals every day.
Port Trucking Companies Found in Violation by Labor Commission
Between 2011 and 2017, 875 complaints were filed against port trucking companies with the California Department of Labor Standards Enforcement (DLSE), alleging that drivers were misclassified as independent contractors and denied the wages and benefits given to full time employees. Of those complaints, by 2017 the Labor Commissioner’s office issued determinations in at least 376 cases, finding that drivers were in fact employees and therefore owed over $40 million in stolen wages and penalties.
In 2016, the California Labor Commissioner’s office offered port trucking companies “amnesty” from any penalties they incurred for misclassifying drivers if they voluntarily made their drivers full time employees and provided back pay, but no companies applied for the program.
Port Drivers Take Their Case to Court
In addition to complaints brought before the DLSE, drivers have also been exercising their rights as employees through the court system with class action suits for misclassification and wage theft, and have also filed dozens of individual and “mass action” suits involving multiple plaintiffs.
All of the cases brought before the California Department of Labor Standards Enforcement, cases filed with class action, “mass action,” and those filed with individual lawsuits sought to address violations of the California Labor Code, including unlawful deductions and unreimbursed expenses, and failure to provide meal and rest breaks.
State and Federal Agencies Weigh in on Port Trucking Company Violations
In addition to the courts and the California Department of Labor Standards Enforcement, other state and federal agencies have found port drivers to be employees. The National Labor Relations Board (NLRB) determined that drivers in at least six major port trucking companies were employees not independent contractors, and the U.S. Department of Labor (DOL) conducted an investigation of a port trucking company for misclassification, which resulted in a 2014 judgement finding the company’s drivers were employees, and ordered it to reclassify them.
Teamsters Union Supports Justice for Port Drivers
Justice for Port Drivers, a campaign supported by the International Brotherhood of Teamsters, has organized drayage drivers throughout the country, most heavily in Southern California. The union has for years helped drivers file labor complaints and lawsuits. Justice for Port Drivers organizers say that trucking companies force the costs of fuel, insurance, maintenance, and lease payments onto their drivers. Drivers also say they are not compensated for the many hours they are required to work.
The Oregon Department of Transportation (ODOT) advises truckers and other motorists traveling through Baker City to expect delays Friday morning, June 23rd on Highway 30 toward Haines, Highway 203, and into Keating due to the start of the weekend long Baker City Cycling Classic.
Racing on Friday will begin at 9:00 am and finish about 12:30 pm. For the safety of cyclists, it will be a fully closed route, with no vehicles allowed on course until the last rider finishes.
The three day long Baker City Cycling Classic was created in 2002 by Nathan Hobson to showcase the sport of competitive cycling, and in 2012 received the Ovation Award as Best Sporting event in Oregon. Local non-profit Baker Loves Bikes and the Baker and Union county communities sponsor and support this yearly event, with the mission of Baker Loves Bikes to “educate and support greater access and safe opportunity for all cyclists in Baker County.”
Why is the event held in Baker City? While the weather is unpredictable even in June, with snow, hail, rain, and blistering heat at times, Baker City is in the heart of rolling farm country with well-maintained roads with generous shoulders and few cars. Each year, the colorful streets of Baker city are blocked off for the race, and restaurants set up chairs outside for fans to eat lunch and sip microbrews while watching this mini Tour de France from the front row.
This year’s event will continue throughout the weekend, with each race lasting from 40 minutes to an hour, depending on the caliber of the racers. On Saturday, the first race will start at 8:30 am from the Baker City Church of the Nazarene on Hughes Lane and continue out to Highway 30., and then onto Davenport Rd, Chandler Lane, and finally onto Old Oregon Trail Rd, to finish about a mile from Highway 86.
Northbound traffic can expect detours from 8:00 am until 11:30 am on Highway 30 at Hughes Lane onto Pocahontas and then onto Chico, where it will rejoin Highway 30. A second event, the wild Tour d’Town Criterium circuit race and Kids Races will be held in Historic Baker City from 1:00 pm until 7:30 pm, restricting parking on Main Street, Valley, 1st, 2nd, 10th/Broadway, Court, and Washington Avenue from Saturday morning through Saturday at 8:00 pm.
Despite relatively easy reporting and repair or replacement of a defective vehicle or part at no cost, some truck fleets delay reporting and fixing defects to avoid lost revenue from sidelined equipment.
The U.S. National Highway Traffic Safety Administration (NHTSA) depends on truck fleets to report a dangerous vehicle manufacturing or design defect, so that it can investigate and issue a recall if necessary. However, while about 235 million vehicles in the U.S. generate about 45,000 complaints a year to NHTSA, 9 million trucks only generate 600 calls.
NHTSA Makes Reporting Truck Defects Easier
In an effort to streamline the reporting process, NHTSA offers four ways carriers can report a problem.
The Vehicle Safety Hotline can be reached at 888-327-4236 from anywhere in the United States, including the Virgin Islands and Puerto Rico, where representatives are on duty from 8 a.m. to 10 p.m. EST Monday through Friday.
A letter can be sent describing the problem with a phone number, so the person reporting can be reached for more information. NHTSA can also send a postage-paid complaint form to provide information about the complaint. Carriers can call 888-327-4236 to obtain the form.
All correspondence can be sent to:
NHTSA Office of Defects Investigation (NEF-100)
1200 New Jersey Avenue S.E.
Washington, DC 20590
Electronically report a problem by visiting www.safertruck.gov.
Fax a letter or complaint form to: 202-366-1767.
NHTSA’s Investigative Recall Process
After NHTSA receives a certain number of complaints on any specific line of vehicles, tires or equipment that has a potential for causing a risk to safety, it opens an investigation. During that investigation, investigators perform a detailed technical analysis of the issue using all available information.
The investigation includes, but is not limited to, service bulletins, consumer complaints, warranty claims, crash and injury data, part sales, inspections, tests, surveys and other documents prepared by the manufacturers.
NHTSA’s investigative process consists of:
- A review of customer complaints
- An analysis of any petitions calling for defect investigations and/or reviews of safety-related recalls
- The investigation of alleged safety defects
- An investigation into the effectiveness of safety recalls
If NHTSA’s analysis of the data indicates a safety defect exists, the manufacturer must fix it at no charge to the vehicle’s owner. A potential problem can be anything related to electronics or mechanical equipment. A recall may also be issued when a vehicle is not in compliance with a motor vehicle safety standard.
While most truck drivers are independent contractors that contract themselves out on a job-by-job basis, others are employed by trucking or shipping companies. In the event of a trucking accident, under legal theory known as “vicarious liability,” a company that employs a truck driver involved in an accident can be held liable for the accident as long as the driver was acting within the course and scope of his or her employment at the time of the accident.
Fatal Consequences of Trucking Company Policies
Over the past two decades, the number of truck accidents has increased by 20%. Even though large trucks are only responsible for 3% of injury-causing motor vehicle accidents, trucking accidents typically cause much greater harm than ordinary traffic accidents due to the large size and heavy weight of most big rigs.
If the equipment on a truck doesn’t work properly, it doesn’t matter how safe the driver is, and if one of the parts breaks down, the result can be catastrophic.
Most mechanical causes of truck accidents are due to failure to properly maintain equipment. In the rush to get the load out and on the road, trucking companies often sacrifice safety by ignoring proper maintenance of vehicles.
Big Rig Brake Failure Due to Inadequate Maintenance
Due to its mass and weight, a fully-loaded big rig takes almost twice as long to stop as a lighter vehicle, making braking one of its most important functions. Big rig brake systems require regular inspection and maintenance. The entire brake system includes an engine-mounted air compressor, numerous lines and valves, several tanks, and the actuating units at each wheel. Especially important and in almost universal use are the “S” cam drum brakes, with adjustment requirements that are critical for optimal brake operation.
Although federal trucking laws dictate that drivers and trucking companies should know about the condition of their brakes at all times, in the endless rush to make a delivery, comprehensive tractor-trailer brake maintenance is frequently ignored.
Removing or Depowering Front Brakes
To minimize wear on tires and brakes and avoid replacement costs, trucking companies often depower or remove the front brakes. Depowering and removing the front brakes is a dangerous way to decrease operating costs.
To make a quick stop, a driver must then rely on the brakes of the trailer and downshifting to stop or slow the vehicle, making the truck more likely to jackknife. Over time, those brakes tend to fail, overheat, or malfunction.
An improperly balanced load is a leading cause of death among truck drivers. While it is common to blame the driver in an accident, even the safest, most professional driver cannot control a truck that is overloaded or improperly balanced and tied down.
Truckers are paid for each mile they drive, and the trucking companies they work for charge their customers by the mile, so both truck driver and company want to move the freight out as quickly as possible. Safety is often sacrificed as trucks are carelessly loaded.
When an accident occurs, trucking companies are on the hook for damage caused by their employees. They are responsible for hiring and training the safest workers, but with an extremely high employee turnover rate, the men and women who load the trucks are often under-trained, poorly-supervised, or new to the industry.
Poorly-secured Truck Cargo a Danger to All Motorists
Unsecured cargo in a traditional closed trailer can push through the back door or slide out the back of a flatbed trailer. As a truck twists and turns, tons of unsecured freight can shift, causing the truck to overturn.
Unbalanced cargo that is heavier on one side, even when tied down securely, can cause a truck to tip over. The driver will not know this is happening and will be unable react in time to prevent an accident.
Even securely tied-down loads are a hazard to passing motorists when they extend out from either side of open, flatbed trailers without walls or roofs.
Trucking Companies Share Liability with Third Party Loaders
When trucking companies do not have the proper equipment and expertise available to keep cargo secure, they will outsource the loading to businesses with the manpower and experience to tie down large loads. When cargo shifts or falls out of a truck causing an accident, the trucking company will be responsible, but the loading company will also be at least partially liable in a civil suit.
The number of commercial trucks on Portland roads has ballooned since the closing of the Port’s main terminals. Although trucks are vastly outnumbered by cars, the sheer size and weight of just one 18-wheeler or semi truck on Portland roads likens them to a trail of woolly mammoths on wheels. In fact, to be more precise, you can imagine that a fully-loaded semi truck with trailer takes up about as much room on the road as three woolly mammoths in a line, and weigh as much as six woolly mammoths. Just one woolly
mammoth weighs an average of 13,000 pounds while a fully-loaded semi truck trailer is legally allowed to weigh up to 80,000 without a special permit. Due to these dimensions, it is not difficult to conclude that a collision with a commercial truck frequently leads to tragic outcomes.
Even though the “trail of mammoths” that is just one semi truck is actually a highly-refined automotive machine operated by a [supposedly] competent and commercially-licensed driver, the number of accidents involving these vehicles escalates past one thousand annually in the Beaver State. In 2014, the most up-to-date traffic report in Oregon shows that Oregon experienced 2,144 semi truck collisions, 434 of which took place in Portland. Over 1, 100 people were injured, and 34 were killed.
Truck Accident Injuries are Severe
Although just 1% of all truck accidents result in a fatality, 23% are injury accidents. According to the National Highway Traffic Safety Administration, 73% of all truck accident injuries and deaths are suffered by the people in the passenger vehicle and not the truck driver nor any truck passengers. Truck drivers rarely suffer from accidents; minor scrapes, cuts and bruises are the most common injuries drivers sustain, although they are often to blame for the serious injuries and lives claimed after a truck accident. A Portland truck accident attorney can study your case to guide you in your pursuit of justice following an injury accident.
Overall, truck accidents account for 3% of all U.S. injury accidents. Injuries from truck accidents are often severe and can lead to several months or years of recovery. Paralysis, brain injuries, and fractures are common. Many truck accident victims may never fully recover, leading to a lifetime of suffering and a decreased quality of life from an incident that took only seconds. In a truck accident, the most
Congress in December 2016 showed that it favors deregulation over safety when it blocked Obama administration safety rules aimed at keeping tired truckers off the roads. It also pledged to try to block state laws that require additional rest breaks for truckers beyond what federal rules require when it meets in January.
Congress Rolls Back Weekly Hours of Service Rule
In 2013, the Federal Motor Carriers Safety Administration (FMCSA) set down Hours of Service Rules for Truck Drivers, limiting a driver to working no more than 70 hours a week, with an eleven hour driving limit per day, with the remainder of that time spent sleeping and/or resting off duty. Congress’ action in December has caused the Federal Motor Carrier Safety Administration to suspend the 70 hour a week driving limit, allowing tired truckers to stay behind the wheel, placing other motorists at risk. Most truckers, who are paid by the mile, favor an extended work week, and a faster delivery means more money for motor carriers and shippers.
More Potential for Damage from Trucks than Passenger Vehicles
Even though large trucks are responsible for only 3% of injury-causing motor vehicle accidents, due to their large size and heavy weight they typically cause much greater harm than ordinary traffic accidents. Over the past two decades, the number of truck accidents has increased by 20%. In 2002, 4,897 individuals died and 130,000 people were injured in crashes involving a large truck.
Truck drivers are trained to watch for vehicles that might enter the “no-zone,” which is an area where a passenger car disappears from the truck driver’s view. There are front, side, rear, backing up, and right turn no-zones. Accidents between cars and large trucks are 60% more likely to occur when a car is in a no-zone.
Trucker Fatigue Number One Cause for Crashes
According to a recent study released by the Federal Motor Carrier Safety Administration (FMCSA), the most common cause of truck accidents is driver error due to fatigue and sleep deprivation. Fatigue causes truck drivers to fall asleep, be inattentive, misjudge gaps between vehicles, and ignore the signs of impending dangers or overreact to them.
Rollback of Trucking Safety Regulation Sign of More Future Deregulation
Safety advocates are concerned that the recent congressional decision signals the start of a broad rollback of transportation safety regulations at
In October 2016, beer maker Anheuser-Busch made the nation’s first commercial shipment by self-driving truck, completing a journey of 120 miles through Colorado with a driver on board but not behind the wheel.
US Not First with Autonomous Trucks
Six months earlier, a “platoon” of six convoys of two or three semi-automated “smart” trucks, linked together by wifi connection with drivers behind the wheel, completed a journey along E19 highway across France, Belgium, and the Netherlands. Trucks leaving factories as far away as Sweden and southern Germany joined the platoon. A year before that, a self-driving truck “platoon” completed a journey along A28 motorway in the Netherlands.
The first truck in a semi-automated truck platoon determines the speed and route while other trucks follow, providing synchronized braking and preventing sudden jolts and shocks. “Truck platooning will ensure cleaner and more efficient transport. Self-driving vehicles also contribute to road safety because most accidents are caused by human failure,” said Dutch infrastructure and environment minister, Melanie Schultz van Haegen. The Dutch business community and the transport sector see good potential for truck platooning across Europe.
US Trucking Companies Favor Self-Driving Trucks
The US trucking industry envisions driverless trucks as a way to cut down on operation costs. In 2015, trucking brought in $726 billion in revenue and accounted for 81% of all freight transport, according to the American Trucking Association. If drivers are no longer required, $70 billion (34% of operational costs) spent annually by the trucking industry from labor costs could be eliminated.
Truckers See Self-Driving Technology Advantage
Since truckers are paid by the mile, those in favor say self-driving trucks would allow the nation’s 350,000 owner-operator truckers to keep their trucks on the road longer without cutting into their carefully monitored driving time.
In 2013, the Federal Motor Carriers Safety Association (FMCSA) set down Hours of Service Rules for Truck Drivers. Under those rules, a driver must work no more than 70 hours a week, with an eleven hour driving limit per day. The remainder of that time must be spent sleeping and/or resting off duty.
Advocates say a driver of a self-driving truck could spend at least part of the required thirteen hours of off duty/resting time hanging out in the Sleeper Berth, supposedly standing by to take control in an emergency, while the truck rolls along. However, according to FMCSA Hours of Service Rules,