Obama Administration steps up action against unsafe trucking companies … for now

According to published reports, in the last two years, the Obama Administration has issued as many imminent hazard orders placing unsafe bus and truck companies out of service as in the previous decade combined.

If a truck is considered “out of service,” it means that there are safety violations that are so dangerous, that the truck would need to be towed away for immediate repair if it were stopped by a police officer.

As part of the administration’s effort to better enforce commercial trucking safety and prevent truck accidents,  it has cracked down on unsafe carriers through surprise inspections, full compliance reviews and enforcement actions.

Here are the statistics:

Between 2000 and 2009, the FMCSA issued a total of 14 imminent hazard orders placing unsafe motor carriers out of service (and taking them off the roads). In the last two years, the FMCSA has already issued another 14 imminent hazard orders to take carriers that pose an immediate risk to passengers off the road.

For much of the previous Bush Administration, the only ones holding deliberately reckless trucking companies accountable were the truck accident lawyers using the civil justice system.

This news from the Obama Administration is encouraging. It’s a great start to stopping trucking companies who knowingly break federal safety rules in order to push their bottom line. These trucking companies are hiring dangerous truck drivers with previous accidents, failing to maintain their fleets and pushing their truckers (who are not properly trained) to drive past legal time limits.

But there are countless trucking companies who are still engaging in this illegal behavior, causing truck accidents — and getting away with it.

How is this happening?

There are many ways for these problems to go undetected. For example, the FMSCA says it has performed surprise inspections to catch unsafe motor carriers. But what about “Road Check,” which is announced months ahead of time, giving trucking companies time to take their worst trucks off the road and put their best foot forward? Take a look at our blog on the subject: Is that truck driving behind you dangerously out of service?

The problem of dangerous trucking companies breaking laws and causing serious — preventable— truck accidents in even worse in Michigan.

In our state, we have no punitive damages. So trucking companies are able to hire the worst truckers who have caused accidents in other states and “grass hop” here until they cause another accident. The truck companies then must only pay the insurance policy limits. Many of these truckers are on drugs and drinking. They face no civil penalties for hurting and killing people in Michigan truck crashes.

This is why it came at no surprise to me that the FMSCA reported that in June of 2011, the DOT issued an imminent hazard order to a Michigan trucking company found to be transporting passengers in luggage compartments.

Imagine that.

Also, in the past four months, the FMCSA has issued eight out-of-service orders. FMCSA issued these orders immediately following safety investigations that found the carriers and/or the drivers to be in such substantial non-compliance with federal safety regulations as to pose an imminent hazard to public safety. One of these out-of-service orders was issued to a truck company based in Michigan.

Next week, I’ll blog more about the Obama administration and truck inspections.

- Steven Gursten is a partner of Michigan Auto Law and one of the top truck lawyers in the country. He is past president of the American Association for Justice Truck Accident Litigation Group, and has received the top-reported jury verdict in Michigan for truck accidents. Steve was named a Michigan Lawyers Weekly Leader in the Law for his work to promote national truck safety.

Related information to protect yourself:

Obama, FMCSA surrender to trucking industry - again

Things to know after a Michigan truck accident

Michigan truck accident FAQs

Michigan Auto Law exclusively handles car accident, truck accident and motorcycle accident cases throughout the entire state of Michigan. We have offices in Farmington Hills, Sterling Heights, Ann Arbor, Grand Rapids and Detroit to better serve you. Call (800) 777-0028 for a free consultation with one of our truck accident lawyers.

Kansas City Auto Accident Blog

Obama Administration steps up action against unsafe trucking companies … for now

According to published reports, in the last two years, the Obama Administration has issued as many imminent hazard orders placing unsafe bus and truck companies out of service as in the previous decade combined.

If a truck is considered “out of service,” it means that there are safety violations that are so dangerous, that the truck would need to be towed away for immediate repair if it were stopped by a police officer.

As part of the administration’s effort to better enforce commercial trucking safety and prevent truck accidents,  it has cracked down on unsafe carriers through surprise inspections, full compliance reviews and enforcement actions.

Here are the statistics:

Between 2000 and 2009, the FMCSA issued a total of 14 imminent hazard orders placing unsafe motor carriers out of service (and taking them off the roads). In the last two years, the FMCSA has already issued another 14 imminent hazard orders to take carriers that pose an immediate risk to passengers off the road.

For much of the previous Bush Administration, the only ones holding deliberately reckless trucking companies accountable were the truck accident lawyers using the civil justice system.

This news from the Obama Administration is encouraging. It’s a great start to stopping trucking companies who knowingly break federal safety rules in order to push their bottom line. These trucking companies are hiring dangerous truck drivers with previous accidents, failing to maintain their fleets and pushing their truckers (who are not properly trained) to drive past legal time limits.

But there are countless trucking companies who are still engaging in this illegal behavior, causing truck accidents — and getting away with it.

How is this happening?

There are many ways for these problems to go undetected. For example, the FMSCA says it has performed surprise inspections to catch unsafe motor carriers. But what about “Road Check,” which is announced months ahead of time, giving trucking companies time to take their worst trucks off the road and put their best foot forward? Take a look at our blog on the subject: Is that truck driving behind you dangerously out of service?

The problem of dangerous trucking companies breaking laws and causing serious — preventable— truck accidents in even worse in Michigan.

In our state, we have no punitive damages. So trucking companies are able to hire the worst truckers who have caused accidents in other states and “grass hop” here until they cause another accident. The truck companies then must only pay the insurance policy limits. Many of these truckers are on drugs and drinking. They face no civil penalties for hurting and killing people in Michigan truck crashes.

This is why it came at no surprise to me that the FMSCA reported that in June of 2011, the DOT issued an imminent hazard order to a Michigan trucking company found to be transporting passengers in luggage compartments.

Imagine that.

Also, in the past four months, the FMCSA has issued eight out-of-service orders. FMCSA issued these orders immediately following safety investigations that found the carriers and/or the drivers to be in such substantial non-compliance with federal safety regulations as to pose an imminent hazard to public safety. One of these out-of-service orders was issued to a truck company based in Michigan.

Next week, I’ll blog more about the Obama administration and truck inspections.

- Steven Gursten is a partner of Michigan Auto Law and one of the top truck lawyers in the country. He is past president of the American Association for Justice Truck Accident Litigation Group, and has received the top-reported jury verdict in Michigan for truck accidents. Steve was named a Michigan Lawyers Weekly Leader in the Law for his work to promote national truck safety.

Related information to protect yourself:

Obama, FMCSA surrender to trucking industry - again

Things to know after a Michigan truck accident

Michigan truck accident FAQs

Michigan Auto Law exclusively handles car accident, truck accident and motorcycle accident cases throughout the entire state of Michigan. We have offices in Farmington Hills, Sterling Heights, Ann Arbor, Grand Rapids and Detroit to better serve you. Call (800) 777-0028 for a free consultation with one of our truck accident lawyers.

Michigan Auto Lawyers

US Supreme Court Reinstates Seat Belt Lawsuit Against Mazda Over Woman’s Wrongful Death

Next » Posted On: February 23, 2011 by Michael A. DeMayo

In a unanimous ruling, the US Supreme Court says the family of Thanh Williamson can sue Mazda for her wrongful death. The lower courts had dismissed the seat belt defect. lawsuit blaming the automaker for failing to install lap-and-shoulder belts in the rear seat of the 1993 minivan she was riding. Williamson died in 2002 while wearing only a lap belt. The other passengers in the vehicle who were using lap-and-shoulder belts survived the deadly head-on crash.

Mazda sought to have the case dismissed on the grounds that it had been in compliance with federal safety regulations that give automakers the option of installing lap belts only in certain rear seats. It also referred to Geier v. American Honda Motor Company, a previous Supreme Court case over a similar regulation that let automakers decide whether to install air bags. The lower courts had referred to Geier when dismissing the family’s auto products liability complaint.

In Williamson v. Mazda Motor of America, although the Supreme Court is not disavowing Geier or that the history of regulation is similar to the history of air bags, Justice Breyer’s opinion noted that the regulators were not worried about lap-and-shoulder restraints’ consumer acceptance and they weren't afraid there might be more safety risks from these belts. They also were certain that the lap-and-shoulder belts would improve safety and their concerns about how much it cost to install the more elaborate seat belt system were no longer as great.

North Carolina Seat Belt Defect Cases:
Seat belt defects can cause serious injuries during a traffic crash. A vehicle occupant thinks he/she is properly secured but in fact is not. When a seat belt defect is a result of a manufacturing or design error, the automaker can be held liable for North Carolina auto products liability or wrongful death.

Examples of common seat belt defects:


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Lawmakers Deliberate Whether to Step Up the Fight Against North Carolina Distracted Driving Crashes with a Ban on Handheld Cell Devices

Next » Posted On: March 26, 2011 by Michael A. DeMayo

State lawmakers have been debating whether to only allow the use of hands-free cell phones while driving. The government leaders are trying to decide whether enforcement and safety is more important than personal freedoms. The chief bill calling for this ban is Rep. Garland Pierce of Scotland County. Hopefully, if the measure passes, the prohibition would save some more lives while decreasing the number of North Carolina car crashes that occur each year.

Currently, there is a statewide ban on texting while driving. While school bus drivers and drivers under the age 18 are not allowed to talk on a cell phone at all, other adult drivers can use any type of cell phone while driving.

Our Charlotte, North Carolina car accident lawyers are familiar with the catastrophic results that can occur on the road because someone was distracted while driving.
Although word is now getting out that distracted driving is dangerous enough to kill people on the road, many people still are unable to resist the urge to talk on the phone, text, surf the Internet, or email while driving.

Cell Phone Use and Brain Distraction
The National Safety Council put out a white paper today on how cell phone use distracts the brain when the user is driving a car. It doesn’t matter whether a driver is using a handheld or a hands-free device. Either way, the brain has to multitask, which makes it harder for the motorist to drive safely.

The NSC says that not only does talking on the phone while driving impair a motorist’s performance, but also, it makes it harder for the brain to pick up on cues. For example, a driver talking on the phone may experience a type of

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Lawsuits Against Bars in Maryland

Home Posted On: March 25, 2011 by Laura G. Zois

A lawsuit has been filed in a fatal car accident that caused the tragic death of a 7-year-old girl in Pittsburgh. Plaintiff's lawsuit is against the driver who was, according to the claim, driving at twice the legal BAC limit. The suit also names the bar that allegedly continued to serve the Plaintiff.

This case would not survive summary judgment in Maryland. Famously - okay, maybe not famously but I think someone read it - the Maryland Injury Lawyer Blog changed its position on dram shop laws in this post.

Posted by Laura G. Zois

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