Earlier today I blogged about a horrific semi accident on I-35 that claimed the life of an individual and injured two others, now new details are emerging about the semi and the company which owned it.
According to KOCO.com the trucking company appears to have a checkered past with compliance with Federal Regulations covering commercial vehicles.
The truck was driven by an employee of Whitetail Nurseries, a company based in Garland, Texas. According to Federal Motor Carrier Safety Administration (FMCSA) records, the company has only one driver on record and was cited for four violations during a 2009 inspection including:
· Operating a commercial vehicle without a commercial driver’s license.
· Not having a medical certificate in driver’s possession.
· Operating a vehicle with excessive weight.
· Not having a log book or "record of duty" status.
In breaking down the above violations a driver of a commercial vehicle with a gross vehicular weight over 10,000 lbs must possess a valid CDL license. Further, a CDL licensed driver is required to meet certain physical requirements to drive. For example, drivers with diabetes and/or hypertension are often required to undergo examines every month to ensure their condition does not affect the abilities to operate a semi. Further, ever state has specific weight requirements that a driver of a CDL licensed truck must comply with. Lastly, the “log book” is a required book to be kept by drivers to ensure they are not driving fatigue.
As we earlier blogged, fatigue may have played a role in this catastrophic semi accident. Our hope is that a full set of facts emerge. If this company willfully allowed their driver(s) to skirt Federal Rules then a claim for negligent entrustment, supervision, maintenance and/or hiring should be made against Whitetail Nurseries.
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