FMCSA has the power to get a court order to block a trucking company or truck driver from operating if certain conditions exist. Is this process working?
It is beyond dispute that commercial truck drivers face an unacceptably high risk of dying while on the job. The latest study issued by the Bureau of Labor Statistics warns that commercial truck drivers alone account for around 20% of the total worker fatalities in this country. See, National Census of Fatal Occupational Injuries in 2019, USDL-20-2265, published by the U.S. Department of Labor Bureau of Labor Statistics on December 16, 2020 (Census, page 2).
Fatal semi-truck crashes, where truckers, truck occupants, and the drivers as well as passengers in other accident vehicles and others (pedestrians, bicyclists), have seen a disturbing rising trend since 2009. Last year, during the announcement of a federal study into the reasons for the continued rise in large truck crashes, the Federal Motor Carrier Safety Administration (FMCSA) reported that “[s]ince 2009, fatal crashes involving large trucks have steadily increased to 4,415 fatal crashes in 2018, a 52.6 percent increase when compared to 2009.”
- For more, read our discussion in Commercial Truck Crashes: FMCSA’s New Study Because of Rising Number of Fatal Semi-Truck Accidents.
Given that (1) not only do professional truck drivers face an excessively high risk of death in an on-the-job accident but (2) the rising trend in fatal semi-truck crashes involving victims in these rigs as well as in other motor vehicles or as pedestrians on the road, what is the federal government doing to protect against these realities?
State Licensure for Truck Drivers
Truck drivers are licensed by state agencies. Truck drivers can have their commercial driver’s license suspended or revoked under the state laws of Indiana or Illinois, as the state of licensure. If they continue to drive, then the trucker can face the loss of their license permanently.
As for the federal government, one thing that is available under federal law is the ability of FMCSA to suspend or restrict a truck driver or a trucking company from continued operations by court order in certain situations.
FMCSA Can Shut Down Trucking Companies and Take Truck Drivers Off the Road
The Federal Government under 49 C.F.R. §386.72 can shut down trucking companies and suspend truck drivers from driving when they are considered an “imminent hazard to public safety.”
What is an Imminent Hazard?
Under 49 C.F.R. §386.72(a) , “imminent hazard” is defined as follows:
“… the existence of a condition that presents a substantial likelihood that death, serious illness, severe personal injury, or a substantial endangerment to health, property, or the environment may occur before a notice of investigation proceeding, or other administrative hearing or formal proceeding, to abate the risk of harm can be completed.”
An “imminent hazard” can involve any of the following that substantially increases the likelihood of serious injury or death if not discontinued immediately, pursuant to 49 C.F.R. §386.72(b):
- any condition of vehicle (big rig, semi-truck, 18-wheeler, tractor-trailer, etc.);
- intermodal equipment (trailers, chassis, and other trailing equipment used in the intermodal transportation of containers over public highways in interstate commerce);
- employee (trucker or truck driver); or
- commercial motor vehicle operations (e., truck companies, trucking operations).
FMCSA Database of Imminent Hazard to Public Safety Actions
For many years, FMCSA has investigated truckers and trucking companies engaged in interstate commerce (trucks crossing state lines) for the possibility that they present an imminent hazard to the public safety. The results have been collected and shared in an online, searchable database divided by state (Illinois, Indiana).
FMCSA also issues an online news release for each declaration of a company or driver to be an imminent hazard to public safety, where more details are given for each particular situation. From these news releases come the following examples of activities by truck drivers and trucking companies that were found to be an “imminent hazard” by FMCSA:
1] Indiana Trucking Company Ordered to Cease Operations
U & D Service, Inc. of Indianapolis, Indiana was ordered “… to immediately cease all transportation services in or affecting interstate commerce, declaring the commercial truck company an “imminent hazard” to public safety. FMCSA explained that “[t]his order follows an extensive review of the company’s operations, which found multiple federal safety violations including a continuous pattern of using drivers without valid commercial driver’s licenses (CDLs) and using drivers that do not meet federal English proficiency requirements.” See, “U & D Service Declared an Imminent Hazard and Ordered to Immediately Cease All Operations,” published February 7, 2012.
2] Illinois Trucking Company Ordered to Cease Operations
DND International of Naperville, Illinois, was ordered to immediately shut down after FMCSA declared it to be an imminent hazard to public safety. FMCSA reported that the trucking company had “…committed widespread, serious violations of federal regulations that protect the safety of the motoring public,” after an “… intensive FMCSA investigation that began immediately following a Jan. 27 crash that killed an Illinois Tollway worker and seriously injured an Illinois State Police trooper.”
From Illinois’ U.S. Senator Dick Durbin:
“After the horrible tragedy on I-88 earlier this year, I asked for a thorough investigation of DND International so that we could get to the bottom of the incident. The investigation confirmed my suspicions that the problems with this trucking company are putting travelers at risk every day. I am happy that the Federal Motor Carrier Safety Administration took swift action to take these trucks off the road. This type of strong and vigorous oversight must continue in order to make certain we are doing everything possible to prevent this kind of dangerous driving behavior.”
See, “FMCSA Orders DND International to Shut Down,” published April 2, 2014.
3] Illinois Truck Driver Ordered to Cease Operations
Illinois-licensed truck driver Renato V. Velasquez was declared by FMCSA to be an imminent hazard to public safety and the trucker was ordered “…not to operate any commercial motor vehicle in interstate commerce following a Jan. 27 crash that killed an Illinois Tollway worker and seriously injured an Illinois State Police trooper.”
FMCSA investigators based their determination of “imminent hazard” upon logbooks that revealed that during “…a period of 26-hours during Jan. 26-27, Velasquez operated a tractor-trailer for approximately 1,000 miles, only resting between 3-1/2 to 5-1/2 hours – well short of the federally required rest period. Before reaching his last scheduled stop, Velasquez crashed into two fully illuminated stationary vehicles, an Illinois State Police car with its emergency lights activated and an Illinois Tollway vehicle with an activated warning arrow, outside of Naperville, Ill., causing the fatality and life-threatening injury.”
See,”U.S. Department of Transportation Declares Illinois Long-Haul Truck Driver to be an Imminent Hazard,” published February 11, 2014.
4] Indiana Fiery Crash: Ohio-Licensed Truck Driver Ordered to Cease Operations
On July 17, 2020, FMCSA declared Ohio-licensed commercial driver Corey Robert Withrow to be an imminent hazard to public safety and issued an order forbidding him from operating any commercial motor vehicle (CMV) in interstate commerce. FMCSA investigations revealed that around six weeks prior, on July 9, 2020, Mr. Withrow “…was operating a commercial truck on Interstate 70 in Wayne County, Indiana, at speeds exceeding the posted limit when he collided into a line of vehicles slowed or stopped in a construction work zone. Four minor children, siblings, occupants of a private vehicle, were killed. The driver of the private vehicle, the children’s father, was severely burned in the ensuing multi-vehicle fire.”
FMCSA reported that not only did the trucker admit to Indiana State Police officers at the accident site that “prior to the crash he had been distracted by looking at his mobile telephone,” but drug testing revealed that he “…subsequently tested positive for controlled substances, specifically, amphetamines, methylenedioxy-methamphetamine and cannabis.”
See, “FMCSA Declares Ohio Truck Driver to be an Imminent Hazard,” published on July 23, 2020
Imminent Hazard and Truck Crashes in Indiana and Illinois: FMCSA Success?
These are four examples of FMCSA actions undertaken in our local area; however, the FMCSA website provides examples of “imminent hazard” rulings from all over the country. Aside from fatal crashes involving truck drivers found to be distracted and/or impaired and trucking companies flagrantly violating established safety laws, as described above, “imminent hazards” have been found to involve other dangers that include failure to repair or maintain vehicles; hiring unqualified truck drivers; and truck drivers operating their rigs outside the required HOS Rules.
Dangerous truck drivers and sub-standard trucking companies can be the cause of shocking tragedies where many lives are lost in a severe, multi-victim truck crash.
While FMCSA’s investigations do work to take these high-risk truckers and carriers off the roadways, the reality is that in many instances these actions are taken after a horrific crash has occurred. A review of the FMCSA database and news release listings show that only a small number of “imminent hazard” orders have been issued in Illinois and none were found for an Indiana-licensed driver or company.
From a victim’s advocate perspective, the reality remains that significant protections against deadly truck crashes in Indiana and Illinois remain in victims seeking justice against trucking companies and members of the trucking industry that put profits over people, where injury claims and wrongful death causes of action impact their cherished bottom line.
For more on fatal truck crashes, read:
- Fatal Truck Crashes in Icy Road Conditions: Truck Drivers’ Right to Refuse to Drive on Ice
- Speeding and Fatal Truck Crashes: Will Speed Limiters Be Legally Mandatory in 2021?
- Truck Parking and Fatal Semi Truck Crashes
- Danger of More Fatal Truck Crashes Caused by New 2020 Hours-Of-Service Rules
- Truck Driver Drug Use in Indiana and Illinois: High Risk of a Fatal Truck Crash Caused by Impaired Trucker.
If you or a loved one has been hurt in a trucking accident in Indiana or Illinois, state laws exist to provide avenues for justice in the aftermath of a truck driver or trucking company that failed in the duty of care and safety on our roadways. Please be careful out there!
