Minimum Standards for Safe Professional Drivers

 The minimum standard of care (SOC) is that minimum level of care that is required for the safe operation of commercial motor vehicles. This standard is required of the trucking company, by the federal government, in order to get a DOT (Department of Transportation) number. This is the contract between the people and the trucking company. The contract is contained in the Code of Federal Regulations, commonly known as the Federal Motor Carrier Regulations (FMCSR), and the Commercial Drivers License Manual.

The Commercial Drivers License Manual (CDLM) explains in plain language what a driver has to do to drive safely. The CDLM is a simplified version of the FMCSR, combined with minimum safe driver skills.  The CDLM is uniform in every state as to all federal regulations. The only change that is found is variations in some of the state regulations. The model CDL Manual is produced by the American Association of Motor Vehicle Administrators (AAMVA). According to the AAMVA, every state has adopted their CDLM. Most states simply use the model CDLM without change.

In addition to the FMCSR and CDLM, many industry groups establish standards for the safe operation of trucks through various publications and training materials. Some examples of these groups would be the American Trucking Association, J.J. Keller and Associates, the National Safety Council, The Smith System, etc.

The FMCSR applies to all vehicles with a Gross Vehicle Weight Rating (GVWR) in excess of 10,000 pounds and to vehicles pulling trailers with a combined GVWR in excess of 10,000 pounds. These include all "Medium Duty" trucks and some "Light Duty" trucks such as a one ton Ford F-350 or a GM 3500.

Advanced Trucking Litigation College - October 2009 - American Association for Justice

Some of the best trucking lawyers in the country recently got together in Atlanta and spent a week teaching other lawyers the tricks and traps of handling a truck, bus or other commercial motor vehicle case. I have not been posting for the last month as my time has been consumed by getting this program together. Robert Collins, from Texas, was the co-moderator and as much time as I put into this program, he put in more. All the TEACHERS were pleased with how much they learned, the students were ecstatic!

The AAJ Advanced Trucking Litigation College is exactly the type of program you want a lawyer handling your trucking case to attend. Hiring a competent lawyer to handle your case is the most critical thing you can do to get a good result in your case. The facts won't change, but gathering those facts, and making sure they are presented to a judge or jury, is critical. Not everyone knows which rocks to look under at a trucking company headquarters.

Before you hire a lawyer for any type of case make sure they are educated on the subject and not a "one size fits all" lawyer. If you have a good case you can hire the best lawyer, from in state or out of state, to handle it and it won't cost you any more money. If the lawyer you want to hire can't take your case he or she can frequently get you to someone in your area that focus' on the specific area involved in your case.

My firm has referral lawyers for trucking cases in every state. In addition to the cases I have handled in Tennessee and Georgia, I recently resolved a case in Nebraska and just finished consulting in trucking cases in California and New York city. If my firm can't get involved in a case (we don't take every case), we always try to get the case to a lawyer with trucking experience in the appropriate state.

The Truck Accident Lawyers at the Law Offices of Morgan Adams concentrate in protecting the rights of those who were seriously injured or lost a loved one in an accident with a commercial truck or bus. Our lawyers are based in Tennessee, but serve clients throughout the nation. If you or someone you love has been seriously hurt by a careless driver, don’t sign anything the trucking company gives you -- contact us as soon as possible at 800-580-4878 or by email to learn more at a free, confidential consultation.

 Morgan Adams is a trial attorney licensed in Tennessee and Georgia. He is listed as a "Mid-South SuperLawyer" (Limited to the top 5% of the lawyers in Tennessee, Mississippi, and Arkansas), is a member of the Million Dollar Advocates Forum (limited to lawyers who have recovered 1 million dollars or more for their clients), and is the Chair of the American Association of Justice's Interstate Trucking Litigation Group. He has served as chair of the Tennessee Association of Justice's Trucking Litigation seminars since 2004, and is a frequent speaker at national legal education programs, training lawyers to properly handle injury cases involving commercial vehicles. 

 

Swift Transportation Destroys Evidence in California Trucking Case Leading to Sanctions for Violating Court Orders

Swift Transportation, like other trucking companies, destroys evidence. Whether a trucking company calls it a document retention policy, purging files of old records, or they have some other description for the act, the fact is people who trust the trucking company's insurance adjuster to "be fair" are being lied to as the company is actively destroying documents.

When trucking companies know there are people who are killed and injured, laying in a hospital as a result of the trucking companies negligence, the trucking companies deliberately destroy evidence that would prove they were at fault in a wreck while they send out flunkies to hold the victims hands and tell them that everything is going to be "all right." Everything will not be all right if you listen to a trucking company's insurance adjuster. The insurance adjuster uses a calculated and deliberate tactic to lull victims into a false sense of security.

Even when lawyers and courts do get involved, trucking companies will frequently still destroy evidence BUT, if a good lawyer is involved for the victims, the company will be sanctioned and often has to pay sanctions for their actions. Unfortunately most people hire lawyers who don't regularly handle trucking cases so trucking companies get away with destroying evidence, which is why they still do it. I have previously written on how to find a good lawyer for a truck or bus injury case.

Back to Swift. In a Motion  for Sanctions for destruction of evidence by Swift in South Carolina a California lawyer, in a sworn affidavit attached to the Motion, made clear that Swift "purposely mislead the Court... regarding the existence and destruction of evidence..." Swift was sanctioned for discovery abuse. The lawyer went on to state in his sworn affidavit: "In my 39 years of Practicing law, I have never come across a company that so willfully and flagrantly abuses the discovery process as does Swift and their attorneys."