Truck drivers may pose a threat to the public. In fact, the Federal Motor Carrier Safety Administration (FMCSA) may declare truckers as an imminent threat to the public health and safety and take them off the road. Late last year, it found that an Ohio truck driver constituted an immediate threat after two fatal truck accidents.
In December, he crashed into a highway construction worker who was standing next to a parked vehicle on U.S. 33 in Union County. The collision occurred when he drove onto the white line indicating the highway’s roadway shoulder known as the fog line. He did not stop and drove away after hitting the worker. Law enforcement is still investigating this accident.
Last July, the truck driver struck a motorist who was standing near his vehicle which was disabled on a shoulder of Interstate 81 in Lebanon County, Pennsylvania. He was charged with numerous offenses including careless driving that caused another person’s death, driving at an unreasonable speed under the conditions and driving outside of a single lane before determining whether a driving movement may be made safely.
Jones holds a commercial driver’s license. In its out-of-service order, the FMCSA said the driver must stop driving immediately. It determined that his continued operation of a commercial motor vehicle (CMV) greatly increases the likelihood of another motorist and that driver of suffering a fatal or serious injury if he does not stop driving immediately.
The U.S. Attorney’s Office may file legal action to enjoin any further driving and seek punitive damages if he violated this order. A court may levy civil penalties up to $1,848 each day the trucker violates this order and operates a CMV.
The FMCSA can also commence a civil enforcement action for the trucker’s violations of federal trucking regulations. Knowing or willful violations of this order may constitute grounds for a criminal prosecution.
A truck accident caused by a reckless or negligent truck driver may be especially dangerous because of the large size difference between a truck and a passenger vehicle. An attorney can help pursue the right to compensation for victims of these accidents.