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Raising the Standards of the Trucking Industry


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Trucking Lawyers Defend Driver Rights

Sep
12,
2012
24

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

  1. Denise Plesnarski

    AHJ is seeking partner blogs in the health care field. AmericanHealthJournal is a medicine web site with a large library of high quality medicine videos. We are looking for writers who are interested in submitting guest articles to our site. . Come message us at our contact form on our website.

  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.

    • Thomas Fellers

      hello, i na a im a owner of a small trucking company , beginning of this year was an accident, i was driving that truck that day. had a hired helper for the run, a pick up lost control hit the concrete wall bounced back out in front of me . i had no choice but to tbone the pick up, it smashed the pu back into the wall and it bounced 5 times hitting the wall and my truck before finally going under the trailer til the tandems bounced it back out pinning it to the wall til we came to a stop. my hired help and myself both were injured. got police report and called the others insurance got a claim number while at the accident scene . followed up with adjuster of the claim only to be informed he elapsed his policy from non payment. sc the state which it happened. i then had to file a claim under my insurance (commercial) 1 mil comp coll and liability
      with un and under insured coverage. my question is ? what im being told to me by my insurance is that sense the at fault had no insurance all i can collect on is the un/under insured portion of my policy ? 50000 per claim and 100000.00 per incident ? they dont pay for rental truck & trlr , also they wont kick out the med pay of 5000 each they say once they receive the receipts for paid expenses they will refund with the med pay from policy. and will not
      pay on loss wages and or revenue? any help????

  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

    • Thomas Fellers

      would need to know the situation your referencing too/ many situations have different circumstances and meanings along with defining the measurements of the cause and punishments?

  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.

    • Thomas Fellers

      if they refuse to get you back to turn in the truck , you have the right to deadhead it back and they are liable to pay you the miles on it. you dont have to accept any load no matter forced or non forced. hours violations you documented it on the message system , get a copy of it and turn it in to the local office at dot or ur dmv with a complaint form. as for wanting to be home daily weekly or bi weekly there are plenty of companys that will hire females before hiring males. my drivers get home every weekend and never asked to stay out if no loads were available i pay their deadhead home or until i get them to a load. sounds like you have a dispatcher that was needing the run covered and you was the only truck near it… bad dispatchers give companies a bad reputation.

    • 'backlash', unaccepted handle

      Hey there,
      these trucking Companies only continue thinking they’ve a right and can do anything , say anything and get away with it. Think that’s bad? There has been not only one company but a couple who had done put ‘False’ things concerning Me on A DAC Report. And for on which I hadn’t a clue of even being something there other than what I’d been informed of, for covering their hide, although they’re the ones who had been in the wrong. Because for one Werner. I had a legal and clear right for driving, doing great { had quit from one Swift months before, 5 months before. and I’m doing great. And suddenly, 5 months later, in month just before having near a full 6 long months driving for Werner swift had suddenly there had fax sent from a completely cleared thing which Werner already had done had every inch of paperwork on long before even hiring Me knew t’was only something concerning not having insurance on vehicle long ago, through Oregon, on Regular driving license, not CDL long ago, never appearing anywhere in DMV Reports or on anything.

      And because of having been moving through Oregon then, years prior, although parked on wide area for resting, had a written thing. But nothing then had been said concerning needing then pay a certain dollar sum or anything. And in any other state it would’ve long dropped off. Therefore years later I have a CDL and done been railroaded by swift in another shabby tractor. I had asked for having somebody there help make sure all of permits had been there . And the guys swore up and down everything had been in book. They hadn’t let Me open and look for Myself. But that wasn’t the thing. Upon arriving at scalehouse there , farewell bend, Oregon , while driving for swift in March of 2016 the officer said, Oh,no big deal concerning permit. They can , swift, quickly have faxed, sent here.

      There hadn’t been ANY citation for permit being not there. Cause being fresh on these things had ex-plained how they had said they’re all there. but then during waiting the officer had said,”Oregon has a way of digging up old bones”. What he then meant by such I hadn’t any clue. And during same hour there when waiting for permit he said, “Oh, in any other state something of such would’ve long dropped off. But here You hafta pay Oregon then court’s still asking for $75 on old regular driving license for . no insurance on vehicle way back then. Yeah, in any other state it And just “Warning” said that at top. And he said, after I paid there, only Oregon does such. And happens to drivers all the time.

      They get a nice CDL and something they had long ago on a regular license then comes along and affects, only in Oregon.. And is completely unknown of until come through one of these in Oregon. And he then said, it only is a warning, and You have copy of here. And sure it could appear upon PSP report later. { Huh?} I hadn’t heard of any such thing yet. And already had done mentioned nothing ever had been received in mail or appeared on DMV for reminding. He said, doesn’t usually.

      But for reinstating, cause affects a CDL then temporarily. Pay $75 for reimbursement and everything may then be clear. And You may be on Your way again legally. I had. And he gave a paper having “warning” on top. And number for calling in 24 hours, already had, for being sure they’d gotten. He said , “you’re legal, be safe. Cause if weren’t then I’d hold You here. And ain’t a fine anything. And should be from PSP before long, ex-punged as they had said. And he said , You’re legal. And if company don’t believe You have them Call DMV’s.” And sure, I’m continuing driving for werner until suddenly before labor day I am then on a hold for having give them again everything concerning what had done given before they had even began hiring Me before. swift done sent a copy, but only such, they had NOT even though sent entire copies of anything else pertaining for such, only blackballing Me by only a copy of Previous one, PSP which had been cleared then and there on very same day within a couple hours.

      And therefore I am having call, after being sent near home for having wait after being unable get ahold of the one safety woman in which I’d been in contact with daily. And she wanted, 5 ‘w’s and such. I again gave copies of everything, called DMV’s. They had said, “Have her call us.” And she wouldn’t. Then one day she couldn’t be gotten. After trying for a couple 2of days I had contacted her supervisor. “Oh, she’d gone on vacation. And but oh then yes, You’re correct. You have a legal and clear right for driving and have had ever since day back there in March of 2016. And am gonna get a bus ticket for You coming back for driving here in day. Second day, called him again as had said do. And, because having then being labor day although haven’t been actually off 30 days the computer automatically put for You being off 30 days. And having then have You reapply and I’m getting bus ticket for You returning. Then he fooled around And he’d said, Oh, and for the one woman she won’t be back for several weeks. Therefore I must handle here on.

      And there’s a bunch of proof I retain in My e-mails concerning the stuff on here. Cause he’d even said, I am here and currently gonna get bus ticket for You coming back here quickly in day or then couple. And therefore have only given time calling again for what? And couple days came and had went. Finally he’d said “hasta go before review board [he’s one of that]. Later gave, “not at time. But eligible for rehire. Upon contacting a recruiter for Knight later I am informed they hadn’t even given a reason for leaving,. And that’s even illegal as far as have known.” I had said, Yeah. Cause actually I hadn’t. But thus and thus had happened. And he had a hard time believing.

      But he seen right there. Only reason I really hadn’t driven for knight’s cause there weren’t any openings as of then, wanted more driving time before hiring Me. I had been really done wrong by swift. And upon trying later for
      K&B then they had shop closed until 10 AM on Monday. And they wanted Me getting a load with a tractor needing a good headlamp then early in morning. And store a block away hadn’t had one. And then they haven’t anything but directions, which hadn’t even been given yet. It’s dark though. I’ve Never been in section of Iowa before on where they’re at . But am aware may not legally drive with a headlamp not working. I haven’t clue where anything is. And I try getting any response on that thing they call a blue whatever. And they don’t, unbeknownst for Me during time, have a decent Navigation, directions, anything. But there isn’t any answer for any then, even messaging. I call on asking what want do? Come here on back for yard and come up and see me.

      I thought they were gonna get thing repaired and give Me decent directions for getting onto where load’s supposta even be picked up. There then guy only said, I don’t think this companies a good fit for You! Then that’s that. But hadn’t any clue until heard later they’d put on DACreport a
      on company violation. Huh? And what company violation? Unfair.

      [Koch] Then lately you go for an orientation. And everything’s going good then even passed for on road testing, everything. Came through orientation then on everything good. But hey, you’re an ONLY female within the one class there. And there happened being a guy near having been same type, or near, and of whom is then pulling stuff with the one woman near in charge. And of for who then is wearing a thick knit sweater, a long one. And he being near what she looks like having double t-shirts on and folding what looks to be a sport blanket on his lap hoping nobody notices.

      And I had only asked then if could Please turn fan above on blowing on less on side I had been on. He immediately began demanding for then having his way. And they say, “Oh, don’t need muggy and then sweating.” And he gets on up for turning air conditioning down freezing. But there ain’t anything I said. [Koch] And woman, then a big gal, adjusts constantly. And she turned fans on high over then above and shut door. But she hadn’t stayed in room. And
      then sure you’re trying pay attention for anybody having speech. But constantly everybody is being handed papers from her for
      then quickly having sign and hand in. But it’s ok that every guy
      can look at before signing. But let Me pick one up and there’s “Don’t! Just sign.” But if even try doing as said it’s changed once again. Pay attention! And therefore, a person is wondering, what do you actually want.

      Then you go back on van, shuttle for motel only for having a guy, you hadn’t ever yet seen come and give paper for falsely saying, sending home. A quick one on there then releasing. And then Heaven only has a clue what sort of an entire lie has been put on DAC. Oh, I hadn’t given anything, there once mentioned earlier concerning on werner, upon having another one, recruiter for another company recently, ask saying, on DAC then “Werner had put on DAC, [must have put there very recently then for covering, or trying cover own backend ] gross misconduct.” And then he asked, “what on?” I couldn’t hardly believe My ears. And said, “Really?” Cause actually that’s ‘not’ what happened.

      And had given as happened.
      Well K&B there in orientation, even day beginning, I began having handle ‘backlash’. One which a good nice guy, a pleasant good fellow student, began giving me. I hadn’t accepted handle though. He began observing there during orientation there in Iowa for
      K&B. Even he had seen mistreatment they’d given, railroading for then everybody through. Unpaid orientation. And rushed thru
      on so quick that much had been unclear. And then if one even once begins asking on anything they made a spectacle of any
      who had.
      Another one famous on doing such, in a form for degrading, and on anything during orientation, and even being confusing, had been that one western ex-press. And then western express also
      steals anything from any driver after having pulled all sorts of stuff on for having bully and for making things unsafe, impossible, being then threatening, etc. Have proof of that though upon paper, a shop one report, etc.

      And they had attempted destroying any notes had on truck, anything for proof. But have receipts, logs for proving. The one D M continuously ran on recycled hrs deliberately having Me Far from area of ever having home time. And many other things which have proof of. And they try for even
      then twisting truth

  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

    • Thomas Fellers

      had to be watched ? was you accused of drug use ? it is legal for them to request you do a random and also after an accident as long as one of the vehicles involved had to be towed or any sent to hospital. as for company requesting while on vacation no your not under mandatory rules, just company policy rules.

  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??

  13. Marius Darrisaw

    Hello,
    I’m having a very difficult time collecting monies owed through an Employer (MGR) I was contracted to. Me & My company terminated the contract with MGR on September 7th 2018. As of yet (10/22/2018), I haven’t received any of the funds they are supposed to refund me. Escrow, Truck Deposit, & a few various other things that they have taken out of my wages. I have called a few times & have expressed the FMCSA rules on the matter… (45 days for returning all funds)… They have simply ignored my calls. Is there any recourse on this behavior. Im almost certain that I’m not the only one they are doing this to.

What do you have to say about this?

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