Trucking Company Liability: The importance of investigation
In September 2003, a Fresno California truck driver fell asleep at the wheel, causing a multi-vehicle crash resulting in the death of a father and son. Investigation revealed that the driver had been driving for 19 consecutive hours, greatly exceeding the maximum hours of service permitted by federal regulations. Ultimately, five truckers at the same company plead guilty to falsifying their log books.
Given the competitive nature of the trucking industry, it is unfortunate, but not surprising, that commercial truck drivers sometimes violate the hours of service regulations and alter their records to escape detection. In recognition of these temptations, trucking companies must institute practices and procedures to encourage their drivers to comply with the law. In this tragic case, however, just the opposite occurred. The trucking company executives actually conspired with drivers to falsify records to hide routine safety violations.
In June 2008, executives of Nijjar Brothers Trucking Inc. were sentenced for aiding and abetting the falsification by their drivers of official documents required by the Federal Motor Carrier Safety regulations. The trucking company owners face prison, probation, and fines, all of which will come as little comfort to the families of the victims.
The investigation of most motor vehicle crashes focuses on the conduct of the driver. Truck crash investigation must also focus on the conduct of the trucking company which may foster a culture of unsafe trucking practices. Public safety demands this emphasis on corporate accountability.