Can Trucking Companies or Truckers Be Shut Down for Safety Violations?

Why does the FMCSA issue a shutdown order?Not all trucking companies or commercial truckers are unsafe, but there are bad apples. Take for example the case of a Connecticut-based driver who crashed his truck while drunk and changing his pants. The trucker told police he had turned on the vehicle’s cruise control at 63 miles per hour, and then stood up to change his clothing. Police reported the man’s blood alcohol content was .209, or five times the allowed amount for commercial drivers.Trucking companies can also be dangerous. A trucking company in Georgia faces accusations of ignoring regulations for drug testing employees and not performing maintenance on vehicles. They also hired unqualified drivers, one of which crashed a vehicle here in Texas.This truck was carrying Takata airbag inflators as cargo. When the truck crashed while taking a turn at high speed, the Takata airbag inflators caught fire. The resulting explosion leveled a house, killed the occupant, and caused extensive damage to several other nearby properties.Fortunately, the Federal Motor Carrier Safety Administration (FMCSA) can shut down unsafe trucking companies and drivers.

What Happens When the FMCSA Gives a Shutdown Order?

Commercial carriers who receive shutdown orders must halt all intrastate and interstate operations because they are a threat to public safety. The same goes for drivers.

  • Trucking companies: Commercial carriers, or trucking companies, receive shutdown orders for failing to perform maintenance, hiring unqualified drivers, failing to monitor drivers for hours-of-service compliance or not providing training. These companies may also fail to inspect equipment or perform background checks and drug tests on drivers. Generally, trucking companies receive shutdown orders for failing to abide by federal motor carrier regulations, and for presenting a threat to public safety in the process.
  • Truck drivers: Truck drivers receive shutdown orders for drug use, unsafe driving, ignoring hours of service rules, lacking qualifications, or violating other federal regulations.

Commercial carriers and drivers that violate shutdown orders can receive hefty civil and criminal penalties. These companies and drivers are a threat to public safety.

Why Are Shutdown Orders Good for Public Safety?

Shutdown orders exist for good reasons. They will not prevent all truck accidents, but they can reduce the overall number. There were 3,424 fatal truck accidents in 2014. Some of these accidents were caused by drivers who had violated federal safety regulations. One example is the crash that killed comedian James McNair, and left famous entertainer Tracy Morgan with a brain injury. The WalMart driver responsible for the accident had been awake for more than 24 hours and was speeding.The Texas truck accident attorneys at Mike Love & Associates, LLC can hold negligent truckers and commercial carriers accountable for causing accidents.

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Before You Hang Objects from Your Rear View Mirror, Read This Blog

rear view mirrorDo you belong to the one in 20 people who hang objects from their rear view mirrors? Objects like CDs, graduation tassels, handicap parking permits, air fresheners, visors, Garfield the cat, and the classic furry dice create a blind spot that can cause line of sight accidents.There are examples in the press of objects hanging from rear view mirrors causing car accidents. An article in the Chicago Tribune recounts the story of a man who was involved in an accident 40 years ago that would have never happened had he not hung a graduation tassel from his rear view mirror. According to the man, a woman he ran over was visible and wearing a white coat, but also silhouetted behind his graduation tassel. The woman was tossed onto the hood of his car and suffered minor injuries.

What Are Other Ways Drivers Cause Line of Sight Accidents?

It is possible to obstruct your view in other ways. For example, if a person hauling furniture in a pickup truck overloads the truck bed. Window stickers and tinted windows are other examples. Failing to clean windows is another. In fact, police may pull you over for these reasons because they present a hazard to you and other drivers or pedestrians.So what happens to drivers who cause line of sight accidents due to hanging objects from their rear view mirrors or overloading their truck beds? As motorists, they have a duty to care for other drivers and pedestrians. This means that drivers who cause line of sight accidents may be sued for causing injuries or wrongful deaths.There are laws in place that prevent obstruction of view for good reasons. When drivers ignore these laws and cause accidents, there can be serious consequences. Continue following our blog for future updates on how you can stay safe while driving by avoiding common mistakes that lead to serious car accidents.The Texas personal injury attorneys at Mike Love & Associates, LLC, encourage safe and responsible driving practices.

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Road Etiquette: How Driving Politely Can Improve Your Safety

Drive safely by driving politelyDriving etiquette is not only polite, but it may also save lives. If you follow some of the behaviors we have listed below, you may reduce the chances of being involved in a car accident. Getting somewhere a few seconds faster is not worth your life or the lives of others.Use your turn signal: Neglecting your turn signal is a safety risk for obvious reasons. According to research conducted by the Society of Automotive Engineers, failure to use turn signals causes two million accidents every year. The study claims drivers neglect to use their turn signals 48 percent of the time. Please, don’t be one of these people.Be careful using your high beams: High beams can improve your personal safety while endangering others. The truth is, there is a right and wrong way to use high beams. Switch off your high beams to normal lighting when you see an approaching vehicle. Also, do not use high beams while driving directly behind another driver.Avoid distracted driving: Centers for Disease Control statistics show distracted driving kills eight and injures 1,161 drivers daily. Texting behind the wheel is not the only type of distracted driving. Eating while driving, talking to other passengers or reaching for nearby items can also cause distractions. Your only focus should be on driving.Let other drivers merge: Never speed up to keep other drivers from merging, as you may cause a collision.Don’t tailgate other drivers: If the driver in front of you is going too slowly, attempt to switch lanes and pass them. Tailgating is extremely risky because it does not provide you with enough stopping room should the driver unexpectedly hit his or her brakesYield the right of way: If you are at a stop sign or intersection and believe another driver may have the right of way, let them pass first. Attempting to run through the intersection is likely to cause a collision.Don’t slow down to look at roadside accidents: Slowing down to gawk at roadside accidents is known as ‘rubbernecking’. Rubbernecking is an annoyance for other drivers because it causes traffic jams. It can also increase your risk of being involved in an accident because you are taking your eyes off the road.

Why You Should Practice Driving Etiquette

Developing these habits will take repetition. Like all good habits, practicing driving etiquette can take time. According to researchers at the University of College London, new habits take an average of 66 days before they become automatic. If you feel you could be a ‘politer’ driver, give these techniques a try over the next two to three months and see if they stick.The Texas personal injury attorneys at Mike Love & Associates, LLC, encourage you to practice safe driving habits.

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Why Road Rage Makes Driving Dangerous for Everyone

Road rage can cause accidentsMost of us have encountered other drivers that made our blood boil. Perhaps they cut us off, slammed on their brakes or performed maneuvers that put other people in danger. Road rage is a common aspect of driving in the U.S., but it is also a major cause of car accidents. The next time you want to honk your horn or tailgate the annoying driver in front of you, remember this blog.A recent study published by the AAA Foundation for Traffic Safety has discovered 80 percent of Americans have engaged in “significant anger, aggression or road rage” at least once during the last year. Drivers experiencing these feelings tailgated motorists, honked their horns, flipped off other drivers and yelled (an estimated 266 million people). In the most extreme cases, people have gotten out of their cars to confront other drivers or intentionally rammed other vehicles (an estimated 13.3 million people).Road rage can also cause car accidents. According to AAA, road rage is responsible for 56 percent of all fatal car crashes. Some drivers who give into road rage might race each other, ignore signs or traffic lights and drive much faster than the speed limit. In other words, angry drivers are not only putting themselves in danger, but other people as well.AAA’s study also asked drivers what types of behaviors were most likely to cause road rage. The results are consistent. Drivers who participated in the study were most upset by being cut off, tailgated or getting stuck behind slow drivers in the left lane (also called the fast lane).

Want to Avoid Being Victimized by Road Rage? These Tips Might Help

AAA provided helpful tips drivers can utilize to avoid road rage.Be careful when merging or changing lanes: Give people plenty of room when merging or changing lanes and always use your turn signal. In the event you accidentally cut someone off, be sure to signal an apologetic gesture.Be courteous when driving in the left lane: If you are driving in the left lane and someone signals that they want to pass, move over to the right lane. AAA warns that even if you are driving the speed limit, drivers behind you can still become angered. Always obey signs that warn the left lane is for passing only.Never tailgate other drivers: Tailgating puts you and the other driver at risk. Always provide yourself with several seconds of stopping room in case the driver in front of you does something unexpected. Tailgating is also likely to anger other drivers.Avoid offensive hand gestures: It goes without saying, offensive hand gestures are only likely to anger other drivers and enflame a road rage situation.Don’t engage angry drivers: If another driver becomes aggressive, don’t become angry in return. Be prepared to pull over and call 9-1-1 if need be.The Texas personal injury attorneys at Mike Love & Associates, LLC, encourage you to drive safely this summer.

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