Why Trucking Companies Push Drivers to Break the Rules

Columbus Truck Accident Lawyer 

Video Transcript: 

Michelle Martin: 

They want to make their employer happy. They want to make sure they're meeting the deadlines. However, they're forgetting that behind that truck, there's a human, and that human is going to need to have some rest.

Molly Hendrickson: 

The last few years, truck drivers have been recognized as essential workers for our economy and daily lives. Are they treated that way by their own employers? We're going to talk to attorney Michelle Martin about that on today's Ask the Lawyer. Michelle, thanks for joining us.

Michelle Martin: 

Oh, thank you so much for the interview. I appreciate it. It's a very important topic.

Molly Hendrickson: 

So let's start with talking about the main rules that truck drivers are expected to follow and why.

Michelle Martin: 

Yeah, so truck drivers are, of course, we'll say special... They have a specialization as it relates to the road, right? Because they have the CDL, they are expected to be more knowledgeable about the road than a normal layperson or a driver such as you or me, right? Of course, we're expected to follow the normal rules of the road, which would be the speed limits. The truckers, of course, are supposed to follow those rules as well. However, truckers have a heightened sense of responsibility wherein they are supposed to follow specific time and hour limits. They have specific weight limits. And then, of course, we have the mile limits that they're supposed to follow. And according to the Federal Motor Carrier Safety Regulations, it goes over all the things that truckers are supposed, can and cannot do with it while they're driving on the road. I know I said a lot, but I just want to make sure I get all of that in there. It's the truckers... Because they're carrying such precious cargo and they're normally driving it interstate and intrastate, they are expected to have a heightened sense of the roadways and a heightened sense of the safety they're in.

Molly Hendrickson: 

So have you ever seen cases where a trucking company is maybe encouraging their drivers to exceed some of these limits or even break some of these rules?

Michelle Martin: 

Absolutely. And it happens more often than you want to accept, because they also have deadlines. They have deliveries that have to be made on time. And again, they're going intrastate and interstate. And they want to make sure that they're making their clients happy, that they're making their employer happy. And so a lot of times, you'll see truckers that will forego those hour limits and the time limits, and they'll just keep pushing forward. And they want to make their employer happy. They want to make sure they're meeting the deadlines. However, they're forgetting that behind that truck, there's a human, and that human is going to need to have some rest.

Molly Hendrickson: 

It makes sense why a trucker would maybe exceed or push those limits. Why would a trucking company actually encourage that?

Michelle Martin: 

Well, the same thing, right? They want to make sure they're securing and maintaining the contracts that they're able to get. They want to make sure that they are the company that meets the deadlines, that they're able to produce the products and get their truckers out on the road the quickest. They want to make sure that they are standing out, so they're going to encourage a company culture that allows the truckers to push themselves beyond their normal boundaries, their normal limits, so that they're able to meet those company deadlines and quotas.

Molly Hendrickson: 

So if there is an accident that occurs because somebody is pushing or breaking these regulations, who's liable? The trucking company or the driver?

Michelle Martin: Both, actually. And it should be both, because the driver is trying to meet the expectations of his or her employer, and the employer himself creating a culture where you're pushing beyond the limits and beyond the law and the regulations that allow for these drivers to get their true rest instead of meeting those quotas. And so the company is also going to be held liable, because that is the culture that they've created. Additionally, it's their truck, and they're insured but the company insures the trucks.

Molly Hendrickson: 

So as a lawyer, how do you go about investigating these types of cases and uncovering if some of these rules have been broken?

Michelle Martin: 

Well, that's why it's important to get a lawyer ASAP, because as soon as these accidents happen, you want to get a lawyer who's going to have an expert on the scene, who's going to have someone going in, doing those accident reconstructions, and they're going to pull the reports from the truck to say what kind of, or they're going to pull the data from the truck. They're going to say, OK, this is how long the driver's been driving. This is how long the truck has been on the road. This is what's been carried. This was the expectation. I mean, there's a lot that goes into these trucking cases. And so you want to grab that evidence early on, before some of this starts to dissipate or disappear, you want to go ahead and grab that. And so you want to get an attorney who's going to have those experts that are ready to go, that have the experience to get the information to tell whether or not this trucking company or this truck has created this, truck driver, has created this culture that will allow for these exhausted drivers to be on the road, and thereby causing hazardous conditions for those safe drivers that are on the highways.

Molly Hendrickson: 

So if you're looking for an attorney, what should somebody look for when choosing the right person?

Michelle Martin: 

OK, so reputation is going to be one. You're going to want to find a trucking accident firm. Everyone advertises that they're a trucking accident firm, but you really have to do your research and have a good basis and a good conversation with the attorney to find out what is their experience with actually litigating these trucking cases. You want to know who is their expert team. How are they going to get in and actually target the accident so that you can get the reconstructionist on board ASAP? You're going to want to have a metallurgist go in and meet with the actual truck driver as well as the trucking company on site. You're going to have to get those things done immediately, because the longer these cases sit, the further and further you get away from valid evidence that you're going to want to use in trial.

Molly Hendrickson: 

Thank you so much for taking the time to talk to us today.

Michelle Martin: 

Absolutely, any time.

Molly Hendrickson: 

And that's going to do it for this episode of Ask the Lawyer. My guest has been Michelle Martin. If you want to ask her about your situation, call the number on the screen. Thanks for watching. I'm Molly Hendrickson for Ask the Lawyers.

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