Report Reveals the Pervasiveness of Trucking Company Safety Violations

October 7, 2009

People have long known that tractor-trailer collisions often result in tragedy, but a recent report reveals that these trucks are even more dangerous than many believed.

October 07, 2009 /24-7PressRelease/ -- Report Reveals the Pervasiveness of Trucking Company Safety Violations

Article provided by Hartley Hampton, P.C.
Visit us at http://www.hartleyhamptonlaw.com/

Semi-trucks and other commercial vehicles are responsible for transporting goods across the country every day. The men and women who operate these vehicles and the companies that employ them have a duty to ensure that their goods reach their final destination on time. But they also have an even more important duty to the public to make sure that these massive trucks are operated in a safe manner.

When tractor-trailers are involved in an accident with a passenger vehicle, the passenger vehicle always loses. The sheer size and weight of semi-trucks makes them nearly indestructible. The same cannot be said for the unfortunate cars that collide with these trucks.

In 2007, more than 86,000 people in the US were seriously injured after being in an accident with a semi truck. More than 4800 people died as a result of one of these harrowing crashes. Nearly 500 of these deaths occurred in the state of Texas.

People have long known that tractor-trailers can be dangerous and accidents with these vehicles often result in tragedy. But a recent report issued by the American Association for Justice (AAJ) reveals that these trucks are even more dangerous than many ever believed.

The AAJ Report

In August, the AAJ released a report finding that more than 28,000 motor carrier companies and more than 211,000 trucks were operating with federal safety violations as of April 2009. In "Warning! Safety Violations Ahead," the AAJ based its conclusions on data collected by the Federal Motor Carrier Safety Administration (FMCSA).

The FMCSA data included tractor trailers, cargo tank trucks, motor coaches, school buses and Hazmat vehicles. In addition to the motor carrier and truck safety violations, the report also found 28,616 buses and 2,226 Hazmat companies with safety violations.

Of the 28,000 motor carrier companies listed, 77 of them are located in Houston, Texas. Of those located in Houston, 60 were given "conditional" status, meaning that the records showed the companies were out of compliance with one or more safety regulations. Seventeen companies were given "unsatisfactory" status based on records showing evidence of substantial noncompliance with federal safety regulations.

Even though these numbers are high, the AAJ indicated that they only may represent the "tip of the iceberg" and that even more trucking companies may be operating unsafe vehicles. The AAJ is concerned that the numbers are low because states often provide the federal government with incomplete and inaccurate information. According to the report, states fail to report at least one-third of all trucking accidents to the federal government.

Also, it is unclear what criteria the federal government uses to determine whether a motor carrier company is a safety risk deserving of conditional or unsatisfactory status. For example, a trucking company located in Dallas, TXI Transportation Co., received a satisfactory status from the FMCSA. This rating was provided, despite the fact that the company's trucks have been cited for numerous safety violations and their drivers were involved in 33 accidents in a two-year period, with two of the accidents resulting in fatalities.

Types of Truck Safety Violations

The AAJ report found that defective brakes were the most common safety violation by motor carrier companies. Understandably, federal regulations mandate that all motor carriers must have working brake systems and prescribes the types of brakes and the safety features they must have.

Federal law also requires trucking companies to maintain their vehicles, including their brake systems. Before each trip, the truck's driver is required to inspect the vehicle to make sure everything is in working order, including the brakes. The driver then must sign off on the inspection. Some drivers, however, may sign off on the inspection without actually completing it as required.

Other common safety violations include:
-Tire violations -- balding tires, retreaded tires
-Truck loads exceeding weight limits
-Inexperienced and untrained drivers
-Hours of service violations (i.e. drivers working more hours than permissible)
-Drivers with drug or alcohol dependencies
-Falsified trucking logs and other records


The AAJ report indicated that motor carrier companies are motivated to violate safety regulations in order to increase their profits while minimizing their expenses. This is why some of these companies are willing to put the safety of their drivers and others at risk rather than spend the money necessary to properly maintain their vehicles and train their drivers.

The report also noted that the compensation systems used by motor carrier companies encourage truck drivers to violate the law, including overloading trucks and working longer hours than allowed. When trucks carry too much weight, it places too much strain on the vehicle, its tires and braking system, which can cause accidents. Also, drivers who are fatigued have slower reaction times and are more likely to be involved in truck accidents.

Working with an Experienced Attorney

If you have been injured in an accident with a semi-truck or other commercial vehicle, it is important to work with a knowledgeable attorney. A lawyer with experience handling these types of accidents can help you prepare your case against the truck driver and motor carrier company.

Article provided by Hartley Hampton, P.C.
Visit us at http://www.hartleyhamptonlaw.com/

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