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Arnold & Itkin LLP Truck Accident Blog2017DecemberTrucking Company Considered Hazard to Public Safety

Trucking Company Considered Hazard to Public Safety

Because businesses are defined by their employees, when an employee messes up, both the company and the employee are liable for the incident. When a truck driver is controlling an unsafe rig or driving a truck in an unsafe way, he or she can get cited for a violation. When enough of these occur, a business and/or a driver can be taken off the road. That is exactly what happened to Even Flo Logistics, a trucking company based in Washington State. Even Flo had one employee who was cited numerous times. In fact, their driver broke safety violations at a shocking rate of 13 times the national average.

This driver received violations for the following:

  • Operating a commercial motor vehicle in conditions that violate a CDL learner’s permit
  • Operating a commercial motor vehicle without a valid CDL
  • Driving while under the influence of a controlled substance
  • Possession of an intoxicating beverage while being on-duty

If this were not enough, the driver also had a history that included:

  • Drug-related criminal charges in two states
  • Being in 4 commercial truck accidents since January 2017
  • Letting a 12-year-old drive a commercial truck

In the after math, Even Flo was cited for various violations such as:

  • Failing to properly ensure that drivers are in compliance with maximum hours-of-service
    • The above mentioned driver was cited 10 times for HOS violations!
  • Failing to ensure that their workers were not on drugs and alcohol
  • Allowing workers to drive their trucks without having a license

The FMCSA has gone on the record stating that the “blatant disregard of (federal safety regulations) and continued disregard for the safety of the motoring public…substantially increases the likelihood of serious injury or death to you and/or to the motoring public." They went on to state that the company and driver are “imminent hazards to public safety.” Both parties are to be kept off the roads for the time-being and both the company and the driver are to face fines for their citations. Additionally, they are in danger of obtaining criminal penalties for breaking numerous federal violations.

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