Truck Accident Attorney

Documentation Which Should Exist in Every Driver Qualification File

sstark on January 15, 2015

Category: Legal Developments, Regulations & Laws, Safety, Trucking Accidents
Tag: Documentation for Trucks, Truck Accident Attorney, Trucking Attorney

The trucking industry is heavily regulated. Unfortunately, those very regulations, which exist to insure the safety of the motoring public (that’s you, me and everyone else on the road), are frequently ignored by trucking companies, large and small, often with devastating results. When a person is injured in a crash with a tractor trailer, the qualifications of the driver to operate the vehicle, and the steps taken by the motor carrier to qualify him/her, should be a primary area of inquiry by any trucking attorney. And the best evidence of this is frequently found in the driver qualification file.

Motor Carriers are obligated to explore the background and training of any person hired to operate their trucks. And, they are required to maintain a record of the results for duration of the driver’s tenure of employment. This is known in the industry as a “driver qualification file”. Given that these documents are required by law, and are spelled out in great detail by the regulations the trucking industry is acutely familiar with, one would presume that every company would have a complete file for each driver, right? Unfortunately, in my experience, this rarely proves true. I am frequently astonished by the important documentation which is missing from driver’s files, and this often serves as a marker for the care and attention a trucking company takes toward cultivating competent drivers.

The following documents should exist in every driver’s qualification file:

Driver-specific application for employment (§391.21);
An original motor vehicle record requested within 30 days of hire (§391.23);
Documentation proving the driver’s qualifications to operate [this may be in the form of a road test (company road, (§391.31(g)), or a road test certificate conducted by another motor carrier within the past 3 years (§391.33(a)(2)), or a photocopy of a CDL accepted in lieu of road test (unless the person is hired to operate doubles, triples, or tankers)]
Results of the background investigation on the driver (§391.23 & §391.53 ) including:

For drivers hired before October 30, 2004: Employment verifications sent to all former employers for the 3 years prior to the application date or a record of a good faith effort;
For drivers hired on or after October 30, 2004: Safety Performance History data from all former DOT-regulated employers for the 3 year period preceding the application or a record of a good faith effort.
- If applicable, copies of any driver rebuttals to the Safety Performance History data and responses to the rebuttals from the former DOT-regulated employers.

The driver’s medical certificate (§391.43(g) (or equivalent)
A waiver of a physical disqualification, if applicable (§391.49(j)
The driver’s annual motor vehicle record (§391.25);
A record of the driver’s annual review of his/her driving record (§391.25);
A list of the driver’s moving violations on an annual basis (§391.27).
Combination vehicle training certificate, if applicable (§380.401);
Entry-level driver training certificate, if applicable (§380.509(b)).

In certain situations, additional or differing documentation may be required and/or may exist.

Senator Susan Collins (R-ME) Introduces Legislation to Make our Roads Less Safe

roberts on December 29, 2014

Category: Legal Developments, Regulations & Laws, Safety, Trucking Accidents
Tag: Collins Amendment, FMCSA, New Jersey Personal Injury Attorney, Princeton Attorney, Susan Collins, Truck Accident, Truck Accident Attorney, Truck Crash

Despite the American public’s overwhelming opposition to increasing the number of hours that a truck driver can work each week, Senator Susan Collins (R-ME) has introduced legislation that would increase truckers’ weekly hours from 70 to 82. The “Collins Amendment” is currently before the Appropriations Committee.

In a recent poll conducted by Lake Research Partners, 80% of those surveyed oppose longer work weeks for truck drivers and would feel less safe if truck drivers are allowed to drive 82 hours, as opposed to 70. The American public has good reason for concern as fatigued driving is one of the leading causes of fatal and catastrophic truck crashes.

Federal Motor Carrier Safety Administration (“FMCSA”) studies have revealed that 65% of truck drivers often or sometimes feel drowsy while driving and nearly 50% of truckers admit that they have actually fallen asleep while driving within the last year. It is estimated that the current hours-of-service rules will prevent approximately 1,400 truck crashes each year, which will save 19 lives, avoid 560 injuries and save hundreds of millions of dollars from fewer crashes and improved driver health.

As a Personal Injury attorney in New Jersey, I have seen many people suffer from injuries due to a truck accident. We need to make the roads a safer place. The proposed legislation ignores the voice of her constituents and the American public and makes the roadways significantly less safe for all of us. If you have been injured by a trucking accident in New Jersey, contact Stark & Stark for a free consultation.

Trucking Industry Group Asks FMCSA to Remove Carrier Safety Rating Data from Public View – What Are They Afraid Of?

sstark on December 19, 2014

Category: Legal Developments, Regulations & Laws, Trucking Accidents
Tag: FMCSA, New Jersey Trucking Attorney, Truck Accident, Truck Accident Attorney, Truck Regulation

Data reflecting a motor carrier’s safety history is presently available to the general public by the Federal Motor Carrier Safety Administration (FMCSA). The FMCSA generates a carrier’s score through this data, compiled in its “Safety Measurement System” (SMS), which incorporates the results of roadside inspections and other safety-based violations – also known as “Compliance, Safety, Accountability” (CSA) data. Amongst other things, a motor carrier’s rating is influenced by unsafe driving practices (evidenced by moving violation history), hours of service violations, vehicle maintenance/condition violations, and other issues which pose significant risks to the motoring public. Access to these data points provides the public with a snapshot of a company’s safety record, thus arming industry watchdog groups and persons/companies seeking to hire a motor carrier with highly valuable information. This, in turn, applies social & industry pressure to improve the trucking industry’s overall compliance with important safety measures. By improving one’s ability to identify target disreputable and unsafe motor carriers, access to SMS data serves to reduce the risk presented to everyone using the public highways. (An overview of the SMS system can be found here: https://csa.fmcsa.dot.gov/about/basics.aspx )

Access to a carrier’s CSA data through SMS can provide an important and often vital resource to those seeking to improve public safety, hire reputable motor carriers, and to obtain justice. The data is reliable. It is generated by the government based upon each carrier’s actual violation history. All good things. So why is the “Commercial Vehicle Safety Alliance” (CVSA), a trucking industry group, now seeking to hide CSA data from public view? That’s right. Stephen Keppler, CVSA’s Executive Director, has presented U.S. Department of Transportation Secretary, Anthony Foxx, with a written request seeking removal of CSA carrier data from public view. According to the letter, the CVSA’s “stakeholders” are concerned that “inconsistent enforcement” practices between jurisdictions may affect the “accuracy” of a carrier’s safety rating. This position is ridiculous. A carrier’s score is based upon actual violation data. If a carrier wishes to improve its rating, it need only improve its compliance.

As a trucking lawyer in Lawrenceville, New Jersey and safety advocate, I sincerely hope that Mr. Foxx and the FMCSA see through Mr. Keppler’s ruse and reject this blatant effort to hide this important safety information from the public.

Increasing Federal Minimum Insurance Requirements for Trucks and Buses Takes Another Step Forward

roberts on December 8, 2014

Category: Legal Developments, Regulations & Laws, Safety, Trucking Accidents
Tag: ANPRM, FMCSA, New Jersey Truck Accident, Truck Accident Attorney, Truck Accidents, Truck Insurance Regulations

As you may have previously read on this blog, or seen elsewhere in the news, the Federal Motor Carrier Safety Administration (FMCSA) is currently considering new regulations that would raise the federal minimum insurance requirements for trucks and buses. Approximately 4,000 people die in truck crashes each year. Studies have revealed that a fatal truck crash often costs over $4.3 million, but truckers are only required to maintain insurance policies of $750,000. This insurance requirement was set over 30 years ago and has never been adjusted. “Outdated insurance requirements allow trucking companies to skirt responsibility and leave injured motorists and taxpayers to pay the difference,” explained American Associate of Justice President Lisa Blue Baron.

Earlier this year, the FMCSA conducted its own study on the adequacy of the current minimum insurance requirements. In its report to Congress, the FMCSA concluded that the costs of injuries and fatalities arising from crashes far exceed the minimum insurance levels interstate operators are required to carry.

Last week, in an Advanced Notice of Proposed Rule making (ANPRM), the FMCSA has presented 26 questions for comment, including inquiries related to adequate compensation for victims and the impacts of increasing the minimum levels of insurance. The initial comment period will end on February 26, 2015. In hopes, the FMCSA will issue a proposed rule increasing the minimum insurance levels in the near future.

Tag: Truck Accident Attorney

Documentation Which Should Exist in Every Driver Qualification File

Senator Susan Collins (R-ME) Introduces Legislation to Make our Roads Less Safe

Trucking Industry Group Asks FMCSA to Remove Carrier Safety Rating Data from Public View – What Are They Afraid Of?

Increasing Federal Minimum Insurance Requirements for Trucks and Buses Takes Another Step Forward

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