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Raising the Standards of the Trucking Industry


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Trucking Lawyers Defend Driver Rights

Sep
12,
2012
18

Trucking LawyersAs social media becomes more prevalent within the trucking community, professional truck drivers are learning that like all employees or contractors, they do have legal rights.

For years, drivers have taken the brunt of the responsibilities imposed on them by an industry which has more regulations than the current tax laws.

In the past, as drivers stood silently by as they faced retaliation issues by their motor carriers, truckers today are becoming more apt in understanding their rights under the law.  The most common retaliation measure trucking companies use against their drivers is the DAC report, although others include: company truck lease purchase, refusal to violate FMCSA regulations and even over-all driver health issues.

As trucking social media has grown, a larger degree of awareness has grown with it and trucking lawyers are stepping up to help those drivers in need of legal assistance when their rights have been violated:

 

  • Truckers Justice Center

    Truckers Justice Center

    Attorney Paul Taylor of the Truckers Justice Center specializes in helping truck drivers with legal issues in: refusal to drive, commercial truck lease disputes, drug and alcohol testing and false information on their DAC reports.  He also works with cases involving the “wrongful discharge” of a driver’s employment.

 

  • Truckers Lawyers

    Truckers Lawyers

    Rehm, Bennett & Moore is a law firm specializing in personal injury law, workers compensation and workplace injury, employment law and social security disability.  They developed the website, Trucker Lawyers to help drivers learn more about their rights and assistance in finding the legal help needed.

 

  • Workers Counsel

    Workers Counsel

    Workers’ Counsel is a California Civil Rights and Employee Rights Law Firm which after recognizing our stop false DAC reporting petition, founded the DAC Report Class Action Registry.  The goal of the Registry is to identify groups of drivers who have similar claims against common trucking companies in using the DAC report as a retaliation tool.  As a driver, by sharing your story with the Registry, the  information submitted will be compiled in a central database and then analyzed in the hope of identifying a group, or groups, of drivers with claims against a common trucking company that are sufficiently similar to be brought as a class action.

 

  • Hurt Trucker

    Hurt Trucker

    Buchanan, Williams & Stilley is a Missouri based law firm that has been representing truck drivers for over 30 years.  They specialize in helping injured truckers with Personal Injury and Workers’ Compensation cases.  They operate the website: Hurt Trucker as well as the Hurt Trucker blog where they offer advise to drivers as well as discussing the latest developments in the trucking industry.

© 2012 – 2014, Allen Smith. All rights reserved.

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By: Allen Smith

Allen Smith is a 37 year veteran who started at an early age in a household goods family moving business. He began driving straight trucks in 1977 and moved to the big rigs in 1982. His experience within the industry includes; owner operator, company driver, operations manager, and owner of a long distance HHG moving business, taking many of the long haul moves himself when needed. Allen Smith, a truck driver advocate who is driven by the desire to help others succeed within an industry where injustice, unrewarded sacrifice, and lack of respect and recognition exists. Allen and his wife Donna are hosts of Truth About Trucking ”Live” on Blog Talk Radio. Other websites include AskTheTrucker, TruckingSocialMedia, NorthAmericanTruckingALerts, TruthAboutTrucking, and many Social Media websites. In 2011 Allen and Donna hosted the first Truck Driver Social Media Convention, designed to create unity and solutions for the trucking industry. This is now being extended through the North American Trucking Alerts network as those within the industry join forces for the betterment of the industry. Allen strongly supports other industry advocates who are also stepping up to the plate to help those who share honesty, guidance and direction. He believes that all those involved in trucking need to be accountable for their part within the industry, including drivers, carriers, brokers, shippers, receivers, etc… The list of supporters and likeminded people grow daily, networking together and sharing thoughts and ideas for the betterment of trucking. He has coined the popular phrase "Raising the standards of the trucking industry"

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18 Responses to Trucking Lawyers Defend Driver Rights. - Post a Comment

  1. Denise Plesnarski

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  2. Molly dfley

    Whenever drivers are faced with a truck accident, it causes them to be completely helpless, especially with the huge hospital bills and insurance claims to take care of. Also apart from this, legal case can also become quite overwhelming, So the best option to deal with such situation is to get in touch with a good truck attorney. And you can hire any lawyer for your case, right from the different reasons of the accident to the amount of compensation you deserve.

  3. Marcielle

    I hope I am using this site correctly.
    My boyfriend never knows when the trucking company wants him, so he cannot plan his life.

    He is right now on the road and is forced to sleep in the same bed with his boss. Since he is the ONLY person who has the correct
    license for the big rig, he is the one who must drive with very little sleep.

    They also withheld his pay for several days.
    This all sounds highly illegal. Isn’t it?
    Thank you, and bless all you hardworking truckers!
    Marcielle

    • Allen Smith

      Are you saying that he’s forced to go over his allowed hours?, breaking HOS regulations?
      I’m assuming he runs on paper logs, not ELD, correct?

  4. Elaine Brock

    I am looking for someone who really knows “Trucker’s Rights”. Have a situation that has left me Jobless and has scared my clean driving record of 9 years, am being told for another 5 years I wont find a company who will even consider me. Don’t I have any rights?

    • Allen Smith

      If you have a clean record, ( I’m assuming your PSP) was there is another reason why you were told this?
      Do you have a copy of your DAC report? Are you saying you have NO IDEA why this being told to you?
      Yes, truckers have rights, but it depends on the situation and we’d need more details

  5. Shauna

    I have an issue right now. I had a load to be picked up in Topeka from Dallas Texas to Topeka Kansas that was to be by the next day at six in the morning. Well because I had to look for an empty I wasted some of my hours and could not make it by six in the morning and got there about 1:30 pm. I sat there to be loaded for five and a half hours and used sleeper for the time because they wanted the load there on time to Kankekee IL. I slept the rest of the time and then headed to Kankekee IL and dropped the load off by 6:00 pm the next day so I was out of hours. I got to the truck stop to do my ten and had a message for another load to be picked up that night at 21:00 and I sent in that I did not accept and reason was, 1. Because no hours left and 2. Because it was in Chicago and I do not feel safe going to Chicago and then I went to sleep. I got a message the next morning asking if I picked up load last night s I sent a free form message saying I had not accepted the load and the reasons I did not accept. This company is not supposed to be forced dispatch and I also applied for Central Regional area when I applied which is from Texas up to MT, well they still wanted me to go pick up(I forgot to mention that the other reason was because I was on recap hours and only had two days left with 11 hours each before I would need a reset. The load was not one load, it was actually two loads because they more less combine together, I had that one load from Chicago to Kansas and another one from Kansas to Oklahoma and I just knew if I had tried to do them I would run out of hours, plus I really am terrified of Chicago. I also was set to go hoe this weekend and that did not happen as well, and they keep telling me that load is the only load they have for me and basically threatening that I will not get anything else to get me home. They harassed me with phone calls yesterday and messaging me telling me to call them, I did not answer because I knew they were going to try and force me into doing it so I just left it at messaging them. I came to this company because it was no forced dispatch and also because they talked like they would get me home and understood I am a single mother who wants time with her kids. I never wanted to go over the road but I have not had any luck with finding local work as a driver and even had one place tell me no to my face and the reason was because I was a woman driver. I have told them just to get me back so I can turn truck in because I don’t want to mess up my record by abandoning the truck but they refuse, I just want to cry because I do not know what to do anymore and wish I had never taken this job.

  6. Denise

    I’m being black ball by a trucking company need help,,,, passing all requirement for the job’ s but everyone keeps asking me about why decided to leave this particular company .the job’s I have applied for are telling me what is being said by this company it is defamation of my character can someone please contact me

    Sincerely :
    Need Help

  7. olivia

    My company pulled me off my truck in ohio, they put me on med hold..and bussed me back to the dallas yard..they sent another driver to recover my truck and they were supposed to keep my clothes and things in storage for 30 days before giving it to goodwill…well I went to go pick up my clothes well above my 30 deadline date and it turns out that when the other driver recovered my truck he threw them away…now im left with just one suitcase with a couple pairs of sweatpants and jeans..what can I do?? please help..

  8. Denise

    I never knew I can be fired for requesting break after being run 24 hours then returning truck told to leave no check no help getting home 4 hours away.12 yrs driving never ever heard such thing fired for doing law

    • Allen Smith

      If you experienced safety, service or discrimination issues with a moving company, bus or truck company, including hazardous materials, or cargo tank facility.
      Please call 1-888-DOT-SAFT (368-7238) from 8am-8pm, Mon- Fri ET or file a complaint below.

      Click on the Link to fill out the form or call the above number to report the company
      http://nccdb.fmcsa.dot.gov/

  9. Isaac

    This is great. I’ve had a few female truck driver clients tell me of the discrimination issues they’ve had to face in the industry.

  10. ken

    i have been driving for RUSH trucking for a couple of years now and they have said that we will now have to pay for recertification physicals, was trying to find out if that is legal for them to do in michigan

    • Allen Smith

      Yes it’s legal, although most companies do pay for it

  11. Tina

    Is it legal to be called for a drug screen while on vacation? And its not a random, had to be done while being watched.

    • Allen Smith

      A bit of grey area here. I believe if the truck is parked at the terminal, then I would say no, not legal
      If you took the truck on vacation, then I believe they can. Have you asked a lawyer?
      http://www.TruckersJusticeCenter.com

  12. Duane

    A major company has sold me a 2012 Freightliner truck. I have had this truck in my possession less than 40 days as of today.The DPF system has gone out and has to be replaced. It is going to cost me now an additional $13,588.60 to have a shop replace it.I bought 2 warranty’s that is financed in with my truck payments but it has a cap of only $8,000.00 that the warranty is only willing to pay leaving me to pay the remaining balance of the figure.That Company that sold it to me is not willing to pay any cost whatsoever, and tells me sorry about your luck, that its my baby now and I have to suck it up. I have just restart my trucking business after being out of it for 10 years.Been in business since 1999. A trucker since 1978. I have taken a major blow here which will cause me to go bankrupt before I get started. This truck only pulled one load and on that first load I had a fuel injector fuel line to break which could have started a fire and caused serve injury to me or whoever could had been by me. This company is wanting me to sign a wavier for the first shop bill that I endure the first week picking the truck up. The truck has been to a shop 4 times since ownership of it and is now sitting in the shop with this huge pending bill on the DPF one box system. I have called many lawyers and have had no luck with any of them. This is a very Major Company that has done this and has NO regrets at all, they even took $500.00 in a deposit and has refused to return that also.
    Is anyone out there that can help me recoup my lost of time and money spent and take a case on this company??

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