Impaired drivers of commercial trucks in interstate commerce
Impaired drivers of commercial trucks in interstate commerce
Fatigue, illness, etc. 49 C.F.R. § 392.3 provides:"No driver shall operate a commercial motor vehicle, and a motor carrier shall not require or permit a driver to operate a commercial motor vehicle, while the driver's ability or alertness is so impaired, or so likely to become impaired, through fatigue, illness, or any other cause, as to make it unsafe for him/her to begin or continue to operate the commercial motor vehicle. However, in a case of grave emergency where the hazard to occupants of the commercial motor vehicle or other users of the highway would be increased by compliance with this section, the driver may continue to operate the commercial motor vehicle to the nearest place at which that hazard is removed."
Hours of service. (1) Time. 49 C.F.R. §395.3 governs drivers' hours of service. "No motor carrier shall permit or require any driver used by it to drive a property-carrying commercial motor vehicle, nor shall any such driver drive a property-carrying commercial motor vehicle . . . [m]ore than 11 cumulative hours following 10 consecutive hours off-duty," or "[f]or any period after the end of the 14th hour after coming on duty following 10 consecutive hours off duty," or for more than 60 hours in 7 days or 70 hours in 8 days. (2) Record keeping. 49 C.F.R. § 395.7 details requirements for logging all time driving, on duty not driving and off duty. Falsification of these logs is rampant and legendary.
Drugs. 49 C.F.R. § 392.4 provides that "No driver shall be on duty and possess, be under the influence of, or use, any of the following drugs or other substances" including narcotics, amphetamines, or other substances rendering the driver incapable of operating a commercial motor vehicle, except under medical advice. "No motor carrier shall require or permit a driver to violate" this section.
Alcohol. 49 C.F.R. § 392.5 absolutely prohibits use or possession of alcohol in operation of a commercial motor vehicle. "No driver shall . . . [u]se alcohol, . . . or be under the influence of alcohol, within 4 hours before going on duty or operating, or having physical control of, a commercial motor vehicle; or . . . [u]se alcohol, be under the influence of alcohol, or have any measured alcohol concentration or detected presence of alcohol, while on duty, or operating, or in physical control of a commercial motor vehicle." Any driver is violation of this is placed in "out of service status" for 24 hours. "No motor carrier shall require or permit a driver to . . . [v]iolate any provision [of this section or] [b]e on duty or operate a commercial motor vehicle if, by the driver's general appearance or conduct or by other substantiating evidence, the driver appears to have used alcohol within the preceding 4 hours."
"My family hired Ken after our parents were killed in a trucking accident in GA in 2013. We worked with Ken for 19 months before our case settled. During this time I thought Ken was outstanding. He was accessible to us at all times and maintained consistent communication. He was patient with us and took time to explain the finer points of law. While we avoided going to trial, he prepared diligently and I felt like he was leaving nothing to chance. I am relieved that our case is complete and I will miss working with Ken. He was very thoughtful and caring while helping us to stay relaxed. I would highly recommend him to anyone who requires these types of services." David U., Client, Vermont
"When tragedy struck our family in the form of the wrongful death of our son and caused me physical injuries and changed our lives forever, we dragged our feet about hiring a lawyer. I didn't want to face having to go through the stress. Big mistake. The first thing you do is hire local counsel. I found Mr. Shigley by surfing the web, and we got a listening ear. He was realistic, professional and worked very hard in our behalf. Not only that, he showed a genuine concern for our family, and ran interference for us on a number of issues relative to our case. If I had it to do over again, I would have hired him sooner." Carolyn R., Newnan, GA
"After my parents were killed in a tractor truck accident on December 2013, he fought hard against the insurance companies to help my brother, sister, and I. He was honest and always available to answer any questions I had. Ken went out of his way to meet with my brother and I while on vacation in New England. He was awesome in explaining everything to us in detail and looked out for us with every step of the lawsuit. I would highly recommend him." Joan M., Client, Massachusetts
"I first met Ken when I watched him try a very difficult case involving catastrophic injuries. He was an incredibly effective advocate and was able to obtain justice for his client. I have since come to know him as one of the state's leading trial lawyers, particularly in trucking cases, which involves complex regulatory and legal issues not involved in other types of cases. I do not hesitate to recommend Ken for any kind of personal injury case." John H., Attorney, Atlanta
"Ken Shigley is an excellent trial lawyer in the area of commercial trucking. He knows the specialized rules for handling truck wreck cases for the victims and their families when tractor-trailers leave a devastating loss, catastrophic injuries and deaths. He is an advocate who understands the impact on his clients and is highly effective in bringing them justice." Myles E., Attorney, Atlanta
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