Fatigued truck driving remains the number one safety problem in the commercial motor vehicle transportation industry. Far too often, drivers and companies put safety last, and greed first. The FMCSA (Federal Motor Carrier Safety Administration) has promulgated rules regarding hours of service which are routinely violated for profit driven motives. See Regulations found in Part 392 and 395.
A trucking company motor carrier can be found liable for the actions of its drivers if it has an inadequate safety management system that provides no training, monitoring, oversight or auditing for fatigue, even if the driver is not over his permitted hours of service at the time of the crash.
Many times in our experience, we have found driver logbooks filled out with false entries, or even filled out in advance of the trip, to show compliance. Both the driver and the company he works for are required to maintain log books, and often the logs of each other are inconsistent.
Over the past 30 years, I have been in involved in trucking litigation, and proper representation involves a very complex, highly specialized area of the law. Please consult our firm and see our results in this area of the law.