Every driver worth his salt knows to do a proper pre-trip inspection before setting out. But what does that driver do when the problem is due to an old truck, a previously documented problem, or an issue that can’t be seen?
A woman in Lock Haven, PA has filed a lawsuit against the company that her husband drove for and its subsidiaries and subcontractors, alleging that the brakes on his tanker failed, resulting in his death.
George “Bart” Garlick III, of Lock Haven, PA, drove for Trans Tech Logistics Inc. of Toledo, OH, was pronounced dead at the scene on May 16 when he “experienced brake failure and lost directional control of the truck, which left the road, and rolled down the mountainside, killing him,” according to court documents.
Garlick’s widow, Maria, filed a suit against Trans Tech, QC Energy Resources, and two other QC Energy contractors as part of the Marcellus Shale natural gas project. The complaint states that the company was negligent in performing their routine equipment checks and performing proper maintenance. It goes on to complain that they failed to provide Garlick with a truck that was fit for service and failed to properly train him how to drive safely.
The U.S. District Court for the Middle District of Pennsylvania ruled that Trans Tech was not responsible since it was argued that all claims against it were covered by the Pennsylvania Workers’ Compensation Act. QC Energy and its subsidiaries however are still on the hook.
The company defended themselves saying that the driver was driving too fast for conditions, lost control of his vehicle, and did not apply the brakes with sufficient time to stop him from going over an the embankment.
Is Mrs. Garlick right that it is the sole responsibility of the company to perform routine checks and properly train its drivers? Should the company be held responsible for a driver that missed a problem in his pre-trip inspection and was driving in an unsafe way? How can we prevent tragedies like this from happening?
Previous Story: Warning! Scammers Using Fake DOT Letters… Next Story: GPS is Leading Truckers Astray
Source: landline
Nadia says
Brakes not breaks 😉
Patrick Henry says
NO, Mrs. Garlick is not right, had her husband done his proper pre-trip inspection. He should’ve been able to spot faulty or worn brakes. Even if the company was aware of the brakes, he should’ve refused to drive the vehicle and placed it out of service until it was repaired.
Rod says
I don’t know if it is the case of this company ,but in a lot company’s there is a lot of pressure on drivers to drive trucks that are unsafe. The company should hold some responsibility in he mechanical condition of their truck in the event of an accident….and I am not a driver , I am an owner.
The specialist says
Every driver should know the tell tale signs of bad brakes, they don’t just pop up usually. There is usually always something he should have heard or seen. It’s really tragic though,and I really feel for his wife. But,it’s really not up to the company to train the driver for the basic fundamentals. Checking ones brakes should come as natural to a driver as breathing. We’ll probably never know the full story,so let’s not be too quick to judge. Here are our options….If you are overloaded,or if the the vehicle is unsafe,whereas it would be a hazard to operate,tell the dispatcher. If he or she doesn’t want to correct it,or if they keep “pushing it off”,let it sit! i guarantee you before they keep losing money because the truck is sitting still, they’ll fix it. Because all it takes is one. When other drivers see one driver doing it, they will also follow suit. Stay safe , my friends….
Dee says
She is right. If the vehicle was documented as having a problem and the problem was not fixed. Example (this really happened): A truck driver had problems with his truck that were documented. His truck was serviced and released by some local service group, they couldn’t find the problem. The problem continued to show up. The driver was told by the desk jockey the truck was okay and to continue making deliveries. The truck broke down again. The driver continued to complain about the problem until the truck was finally sent to a dealership for service. The problem was found. The problem was resolved. Could it have caused an accident? You bet. Could someone have been injured? Definitely. Was the mistake the drivers? No. The issue was “no one was listening” to the truck driver, the one who is doing the pre-trip inspection and driving the truck. The truck driver was talked to like he was an idiot and didn’t know anything. He persevered. Bottom line, desk jockeys don’t care and truck drivers get injured or die. Problems are not always visible in a pre-trip inspection. Servicing the vehicle; one service tech may not see the problem and it may take several visits or a visit to a dealership before someone is smart enough to find the problem. A truck driver may not see the problem or know what the problem is but he will know if there is a problem because he’s the one driving the truck. Company’s need to be proactive in training the desk jockeys how to listen and assist the drivers when there are reported problems and to ensure the safety of the drivers as well as everyone else on the road. Company’s are responsible for their trucks as well as their drivers. The buck falls on the Company.
Mike Morley says
There is no claim here. By accepting the vehicle ,and embarking on A dispatch assignment, A driver , like the pilot of an aircraft or captain of A vessel is in effect stating that the vehicle is safe to operate. A driver has the right to refuse to operate A vehicle assigned , declaring it unroadworthy. A pre-trip inspection would reveal brakes out of adjustment , A condition easily remedied with A 9/16 wrench , or brakes broken/worn beyond adjustment possibility. Again , refuse to take the truck on the road. The legal concept , tenet , is responsibility in total by virtue of authority , control over personnel / equipment. The Captain of the Titanic went down with his ship. Did he personally sink the vessel ? Of course not. He was however the ships master , and as such personally responsible by virtue of prime authority, ergo responsible. I am A driver and feel for the parties involved ,but their logic is flawed, and doomed by myriad precedents related to these mishaps. Mike Morley
gregg warner says
I don’t believe it is the company’s place to train it’s drivers. Pre trips, post trips, safe operation of the vechile, logging and out of service standards are all things you should know well before ever getting behind the wheel of a big truck. The company does have the responability to maintain it’s trucks, but it IS the drivers place to say NO if the truck is unfit to drive safely.
romey says
I’m with mr Henry, full responsibility is on the driver. Although my thoughts are with the Garlick family.
Renea Conn says
Yes, its is the drivers responsibility to check the truck and report it and even put it out of service if needed. And guess what, you’ve just lost your job. Wake up, some of you truckers you know this to be true. You need this job, the company has been informed of the violations, they ignore the report, they say they’ll get to it and give you another truck and that truck has other problems that would put it out of service and then next thing you know, your load delivery’s and pickup’s decrease to the point you have to consider finding a job with another company because you can’t make ends meet. Companies (not all) want those trucks to run 24/7 and with no stops for repairs until they are finding themselves under the microscope, with documents being investigated, etc. What this lady has done is exactly that, she does and should receive workers compensation but she also helped other drivers in that company to receive better working trucks for now.
Rob Liszi says
We all realize that in today’s economy keeping your job can be difficult and one worries that refusing to drive shabby equipment can lead to job loss especially in non-union companies. As a driver since 1981 I have been there and many of us have. A driver on the road today has much more to worry about than just traffic; Staying safe while operating company equipment is a daily headache.
David says
First I would like to say I am sorr for her loss but here again if he had done a proper pretrip this could have been avoided this should also be a lesson for all drivers especially the ones that drive for company where they drive a difrent tuck everyday always do a pretrip but in a difrent situation it could have alot worse is is not only our life on the line it is all the others around us so please be safe out here
David Norton says
I have been a otr driver for over 40 yrs. and thats a big problem in this country that company s can excape thru loop holes when it comes to safety issues and push the blame on the driver. such as automatic slack ajusters not working properly. wich can cause brake failer .
Erin says
Wow. The “should have refused to drive it” doesn’t work in the real world. The bottom feeding companies pay crap. Company drivers are often barely getting by. You keep quiet or you’re fired. Then your family loses what little they have, as those companies blacklist you by slamming your DAC. Come down off the ivory tower of ignorance. If the issue was documented it is absolutely the company’s fault! I drove for a company for a year and never had a truck that would have passed a real inspection.
David Burch says
To start off , her husband should have did a pretrip ,which he probably did ,but he could have done one like so many out there . Set behind the wheel and pretend they did it. As far as the company giving him the proper training on how to drive ,Was this is first driving job? He should have known how to drive it safely. But I remmeber that there are a lot of drivers that say one thing and act like ” yea I know how to drive safely ” and you follow them and it makes you wonder ,” how did they learn to drive or where”. I’m not saying that Mrs. Garlick is right or wrong. I’m not sticking up for the company. But i know for a fact , there are companies still out there that have the idea that if you don’t like the way the equipment is being taken care of ,there’s the door we have another waiting to fill that spot. I know of one such company and it’s owner tells you how to fill your logs out and they are being falisfied and also , I did have a problem with a unit of his ,brakes as a matter, hit the brakes and you were heading for on coming traffic . Had it in the garage many a time , there’s no problem , according to mechanic . Took it out ,less than a half aday back to the same thing.Hauling 100,000 lbs. After being in the shop and owner was supposed to have driven it, deliver the load that morning ,same thing happen . Went back to shop, owner was there, He said ” I drove that last nite ,there is no problem with it ,It just you ” and went on and on I left Quite too. Now they say that don’t drive the truck if unsafe ,so you write it up and they say your the one not the truck. Do the logs the way I tell you or out the door. Been on the road for more then 40 yrs driving and have had a lot of companies that do force the driver to do things that the driver feels is un safe, GO FIND ANOTHER JOB ,NOTHING WRONG WITH MY EQUIPMENT. But as far as Mrs. Garlick is concern ,sorry for her misfortune .
danny cannan says
i drove for 21 years and this is the most ridiculose story i have ever heard!! I cant believe the court even allowed this!!!If you are use to a truck,it becomes a part of you,like a body extension!!!and IF you do your pre-trip you know if your truck is safe!!!Sorry for her loss but sounds like driver error,Period.And any “Old school”driver always carried tools with him.I cant even count the number of times i was under my truck and trailor adjusting my brakes in the mountains!!!I just cant swallow this story!!!
jrock says
The company didn’t train him to drive safely? I believe that is on a test when you apply for a license, on top of being 98% common sense. I don’t know of a tanker company that hires new guys so more than likely he had driven prior to this job and incident. There is no case here just another person taking advantage of the system.
drmaddogs says
While the conditions you mention are stardard prose from a lawyers(company perpective) and a good basis to start from, as in responsibility, any driver knows there are more effects involved. Not that the outcome might change in court, but court has little to do with justice anymore.
Did?: The cab brakes or trailer brakes fail… and reason. Most likely (because of Geo location, hill were the norm= brake heating/rim heating. As you know, micro crackes in pads and rims are difficult to see and can go ‘bad’ quite quickly. The only way to ‘see’ effectivley is in a shop.
Did?: was proper scheduled maintnance occur for the eguipment(which failed)?
Did: was the company demonstrating a signifigant ‘lax’ maintnance shedule?
Did the company have a pattern of putting less than perfect equipment on the road? These ‘not perfet companies’ often have a policy whereby drivers don’t work that day, or are severly limited in the daily hours of ‘work’, if they are ‘in the shop’. This can extend to the driver being talked about as a ‘bad driver’ within the dispatch system management in any company should they complain about maintnance/condition of the vehicle,
As far as the arguement that it was ‘his responsibility regardless’, there will always be drivers whom HAVE to work, and allow marginal conditions on equipment from companies which have a track of operating marginal equipment.
So, blaming the driver is an escape for shoddy maintnace in effect, AFTER, the incident… in this situation where a company may be implicit in the lack of proper maintnance. The only way to get to the bottom of the conditions that existed in the equipment is via an investigation…. and thus a ‘Suit’ is nesessary, both for the damaged parties involved… and quite possibly future possilble incident participants arriving from said company equipment.
ffthwhl88 says
what if the driver properly did his pretrip and noticed he had bad brakes and went into dispatch and told them and as we all know dispatch said just drive the truck and be lucky you have a job. i have noticed drivers being in a hurry to do a proper pretrip due to the fact most of your companies now give the driver a certain time after they are dispatched to get off the yard. this happens everyday and i myself is GUILTY of this but when the company tells you that this is the way it is,what is one to do? i will pray for this family and i hope this driver did everything right and one day the one that blamed him instead of where the blame should be will have to face judgement for it…..
Bill E says
I will say that professionals are always held accountable. Doctors, lawyers, police officers, etc… can never use the excuse they were pressured to do something illegal or against the regulations. They are ultimately accountable for their actions. Yet we still dont want to hold drivers, who are professionals, accountable. They should detect these issues and refuse to accept the equipment. If they are refused work or experience other ramnifications for their actions, there is legal recourse for them to take, and they should. But, to not hold them accountable just smacks of what our culture is becoming; blaming some other deep pocket for our failures. If the company has a history of mechanical negligence, etc.. then they should receive violations and/or fines based on those merits. But, the accident appears to be clearly on the driver. Drivers have to make safety decisions every day they live or die with. Sometimes other dies based on those decisions. lets make sure we send the message they need to be responsible.
Ken says
You right on target Dee! It is the companys responsibility to train their entire staff to work as a team, and correct problems before they escalate to a injury or a death. compays like to hide behind the phrase ” Due Diligence”. It does not sound like this company has a safe work practice, total cop out to blame operator of truck. I am a truck mechanic and have been for over 25 years, I have worked for lots of fleets, and dealt with both sides of this issue ( drivers & Company), the driver in 95% of the time with out back up loses! The driver needs support that if he has a issue with the unit(s) someone will support him/her , and not bypass the issue and replace the driver with someone who will. There needs to be a clear procedure in place to deal with deficiencies that will work for a safe out come, after all we all what to go home at the end of the day!
Coffeeclue says
If you lost your job because you reported a truck broken, you will have a line of lawyers at your door waiting to sue the company.
Mike L. says
Possibly the company is at fault for failure to keep the brake system in repair. However, this point is not stated at all in this report. All that is said is that the company is being accused of this. The report also does not say what the precise “failure” was i.e. a brake line failure? Was it all of a sudden? There is insufficient data here to make an accusation. If the driver were going downhill and he didn’t use a jake brake or improperly used his brakes or was going to fast to begin with, he definitely could have created his own brake failure from heat on the brake shoes and drums.. Again, there is insufficient data in this article to accuse the driver of this. The company is not responsible for training the driver to drive safely but they should be insisting on it. The driver has his CDL and that is the qualification. The driver is ultimately responsible for the truck he drives down the road even if his company were completely at fault for having bad maintenance. The driver is bound by law to do a pre-trip inspection and to sign on his paperwork that he has done so – every day. The driver’s responsibility is to inspect the equipment and to ensure that he is not a risk to self and public safety. The driver must be willing to stand up to poor conditions and to refuse to put himself and others in harm’s way. Any driver failing to insist on safe equipment and refusing to operate unsafe equipment has no business on the road and should seek a meeker line of work. Again, had this truck been in for inspection/repair of brakes by the company’s mechanic shop? The article fails to give real data to make a determination of ultimate fault in this case.
Billy says
As a driver if the company tells you to drive the truck you drive it! Of course you can refuse and as a result they fire you and you can then try to argue for unemployment benefits. Most companies that run shoddy maintenance on their equipment have a nice termination list they can use against a driver in this case. Excessive late deliveries, load refusals, poor job attendance failure to comply with company policy. The company then throws this on a driver’s DAC (like the credit bureaus) unless you have an attorney a driver is usually screwed forever at this point.
New rules if a drivers truck fails a DOT inspection even if he notified the company of a item that required fixed and was neglected it goes against the drivers record! The driver is the scape goat regardless!
Billy says
Danny as we who drive know the so called experts at TA TRuck Stops will not adjust automatic slack adjusters. A good example you get a DOT inspection and they find a slack adjuster out of spec . as a driver you can adjust it but you as the driver ARE FULLY RESPONSIBLE if the DOT don’t like it you the driver gets to pay the BIG FINE as you signed off on the repair.
Not mentioned is the possibility of a Jake brake failure as caused by a intermittent open that could not be duplicated in the shop , it’s ok now drive it. MURPHY’S law is always upon a driver .
Billy says
If you look close at who is held accountable you might be surprised. If a truck driver kills some one on the road while driving they look at prison time. Someone did a good study upon the number of fatal truck accidents and malpractice deaths . Shockingly the medical industry kills tens of thousands of people a year unlike the trucking industry. What happens in the medical industry, the doctor, hospital fights with big attorneys the survivors usually loose while the industry keeps on killing and charging you the patient for their screw ups!
Nate says
You’re 95% right, we all know too many instances where police officers have been excluded from professional accountability
wes b says
i feel bad for the loss of her husband but its his responsibility to do a proper pre-trip if he is pressured to run illegally by his company then he should have placed it outta service and caught a bus home at least he would still be alive and with his family he might have been unemployed but he would still be here bottom line im sorry but thats how it is i drive for a company where our tractors are no more than 3 years old but i still preform my pre-trip every day cause i got 2 sons and a wife hoping i get home at the end of the month, it was a bad judgement call on the drivers end im sorry to speak ill of the dead but thats what happened and the wife should not get any more compensation than life insurance because her husband was an unsafe driver it was his fault through and through ultimately he could have walked away and found another job but he choose not to so thats on him
Ray says
failing to train him how to drive safely?! he got a permit, drove with it, then took a test to show he can drive good enough, then got a tanker endorsement on top of that. its not a company’s responsibility to train someone to do a job that they have the credentials to do. is it a garage’s responsibility to show a certified mechanic how to change a headlight? of course not! further more, a good inspection or even frequent half ass inspections would’ve brought light to an issue like bad brakes.
jrock says
I worked for a large company for some time as a trainer and this was the argument when I was assigned a student that did not show potential of knowing how to drive. I was not the person that licensed them they were licensed when they got on my truck that tells me they are trained and understand the correct way to perform pretrips and post trips also it tells me that they have shown the skills to safely operate a commercial motor vehicle. In most cases neither of those those were true you learn a lot on the job. If you tell a company you are a licensed commercial driver they will they will assume the same that you know what your doing.
The argument about the company should be responsible for him not doing his job is crap. If your company tells you to operate a vehicle that is not safe for operation according to dot then your with the wrong company.
Jeff says
Wow, there must be absolutely NO crappy companies out there that tell you to drive the crap truck with the bad whatever or lose your job. Sure, refuse and be fired, lose your home, lose your insurance, lose it all. The companies out there know this and don’t give a damn about the equipment. Drive it or leave.
Pre-trip, document, and if you have to, go to DOT, report the bad companies. Call the local TV stations’ “consumer protection” reporter and report it to them.
But all these arsephuckers saying “he shudda pre-tripped, yup” are missing the point. He probably DID do it and the company ignored the writeups. If his widow can prove that, along with a “drive it or get fired” policy, then they are 100% in the wrong.
retiring soon after 3 million miles says
you are correct the drive has the last say if the truck is safe or not and if he takes the responsability of driving it out of the yard he deamed it safe thats the purpose of the pretrip , if you don’t like it then you leave it and let them fire you and take it up with the state unemployment dept and DOT ,my life is not worth taking any bad equipment on the road for any ammount of pay , also its not the responsability of the employer to teach the driver to drive the vehicle in question , if you do not have the experiance then you do not drive it period. they are not schools , when you applied for the job you are saying that have the knowledge and experiance of driving what you are asked to drive, alot of drivers lack common sens and are in a hurry for nothing , this is coming from a 25 year and no accidents Tankerman
T Owens says
I haul petroleum (tanker) and personally spend about a half hr or more to pretrip each load. Safety is critical as the air you breath. I in the past trained drivers and had team drove with drivers with many years experience, I was amazed at how many of them were clueless to how to properly do pretrips, logs and simple laws of the road. Each day was like class. I do feel that a company’s Safety Dept should be involved more than to cite drivers and to be more involved with operations. I worked for a co long ago whose safety moto was “PPE” (prevention,protection,and education”.
I recently worked for 2yrs with a co who would basically punish you if you wrote up or complained about the equipment. I being in a position(wife makes good $, kids grown and gone) that I don’t really need to bust my hump for the $ would oos the equip and would be put on the do not dispatch list till they really needed another driver! This was very common practice! They starve you out till you comply or u went elsewhere. A lot of the newbies would suck it up to feed their families risking lives of others and theirs! Truck drivin is not like it used to be. The ediquite has been lost, drivers are caught up in tryin to outdo the next, no respect for each other. The companies preach about safety but do they really realize its up to them to make the difference?! Think of your families and be safe! 21yrs no tickets, lifetime of no my fault accidents and I owe it all to “PPE”.
art pull says
i have run into similar problems over the course of 40 yrs on the road….A driver must take a stand if he finds faulty equipment…I have lost a couple of jobs, sause i have refused to take a truck out….the owners of these trucking companies think, that if one driver refuses to drive a faulty truck some one else will….this is true. too many guys are scared of there jobs not to speak up and say something. As drivers we don’t stick together, and the owners know that…As drivers we have let this get out of hand. It’s basic common sense stuff. Plus also its arrogance on the drivers part…We have created this problem, now we must solve it……It may cost you a job, but it could save your life…..
manz says
Agreed,Especially as the company or contract mechanic is given un achievable timelines for checking of equipment,seen just recent 1 tech covering 15trucks,was over writing out of service problems even at times just to keep the fleet supposedly running and as of right now the pressure is really on to some how budget these stricter csa inspection requirements. Before there seemed to be some squiggle room,not now if the driver writes an out of service. Everything from the worn floppy seat back to the slipperiness of worn rubber on pedals or floor area,anything that can cause an distraction to attentiveness of the driver in his or her daily duties likely qualifies. Ive used electronic emails to verify certain mechanical problems,these are a much more permanent recording, and I make sure to get an acknowledgement!!
The odds are this driver was most likely pressured,behavior in this industry tells us so, can already sense a bankruptcy a coming> since these csa regs are just now really ramping up,wont be long fore some of the big players go down also, this kind of behavior has become a almost terminal sickness in the industry.
Northstar says
Just a little helpful tool to newer drivers… This is not perfect but I do realize that many times drivers are pressed for time . When you do a drop and hook especially at night or rain or snow and you cannot get a good visual of breaks, do this simple trick …Hook to the trailer leave the trailer brakes set and pull if you have bad trailer brakes that are not working the trailer wheels will roll. This is the first indication you have a problem. Not only will you go through difficulties if you have to axle out the load .But will be putting yourself and others at risk in stopping situations.. Never be lazy and report talliers and trucks that have brake issues to your company.
Frank says
I hate that a driver has lost his life and I feel for his widow but this is his fault. Like some have already said he should have found it in his post trip or pre trip. In addition he should have known by the air pressure application guage (if the truck was so equipped and most are now adays) or by the fact that it was taking to much pedal pressure to slow down on level ground that something was wrong with his brakes. It only takes just a few min to adjust the brakes and every driver SHOULD have to take the little video course and be required to adjust his brakes when needed, it is just very dumb to get a ticket for brakes out of adjustment when all you have to do is tighten them up and back off 1/4 turn and you are golden.
Stinger says
It’s sad that driver was killed. My thoughts and prayers go out to his family and friends.
Just a couple things #1 If the truck had a history and was documented and not repaired then driver should NOT have moved the truck until it was fixed and the mechanic signed off on it!. Companies fault. No !! #2 Driver is going to fast for conditions . Companies fault?? I would think Not!! #3 Driver not trained in safe operation of unit. If you have a CDL safety should should be first and for most. If the job required special training then he shouldn’t have been driving until he had the proper training. Is this the companies fault . Yes if the job required special training .No if no special training required. Sorry I just don’t see where it is negligent on the company. If I missed something let me know. My opinion is based on what I read.
George Dorman says
I am truly sorry for this Ladies loss,but if you are forced to work for a fly by night company running junk,then my friend YOU have a shady past.If you are a professional driver you have your choice of good companies to work for.My brother is such a person.No job is good enough for him.He has quit under dispatch,abandoned trucks and a couple of months ago he lost his truck.parked it and went to the bar and forgot were he parked it.Took 3 days for the cops to find it.
Myself I have never had an accident and no moving violations since 1987,and now I make 75K a year and sleep in my own bed at night. So lets get real be a professional do a good job for the people who pay your wages.And most of all be safe out there.
Paul says
Rfusing to operate a CMV due to unsafe conditions,absolutely does work in the real world, I’ve refused because of far less then bad brakes…I’m responding to the previous comment. Drivers please don’t take any chances, it’s not only your life on the line, could be the families in the mini van lives too. If you lose your job because you refused to drive a unsafe truck you did yourself a favor.
Curtis M. DeBoer says
There are so many companies out there that don’t follow bad maintenance practices that a driver could have a different, and potentially better, job in a matter of days. There is no excuse for bad maintenance practices, and there is no excuse for breaking the law. You can dispute false reports on your DAC, and without any legit proof from the reporting company, you can win. If you are fired for refusing to drive a truck that won’t pass a D.O.T., call OOIDA and have them sue for you. You may not get anything, but that will open eyes to that company’s practices.
Curtis M. DeBoer says
Amen, Brother George Dorman.
John Burleson says
My condolences to the Garlick family and friends. It’s very sad when we lose a brother regardless of the reason for the tragedy. Maybe we all could learn to do a little better on those pre trips. The company I now work for is small and we’ve developed a habit of not only checking out our equipment before we pull out the gate, we sort of check the other guy’s truck, too. Lots of drivers don’t notice subtle changes over a period of time (well, this driver doesn’t). And I don’t care if the other driver gets POed at me, and he doesn’t care if I get POed at him, either. We are proudly keepers of our brothers. But I’d like to pass on a trick to some of the newer guys: some companies have a tradition of ignoring driver’s complaints about equipment for a variety of reasons, mostly financial. If you write up a problem three times and can verify it, pull into the next scale with officers hanging around and ask one of them to look at the problem. You will NOT GET IN TROUBLE. They will gladly help. Example–I was a newbie with bad tires. The company wouldn’t do anything about it. I chatted about the problem at the Truckee chicken coop. The company then got to send out eight brand new drive tires and a tire guy to put them on. On a weekend. Oh, the expense!!! And guess what! From that time on, all I had to do was whine about a faulty cigarette lighter, and the tractor was inundated in company maintenance people.
A few decades later, and many other companies on my resume, I’m glad to admit my maintenance relationship with each and every other employer has been wonderful. Maintenance workers are the unsung heroes of the trucking industry and worth their weight in Cheetos. And the owners take a lot of pride in their equipment and do their very best to keep it 100% ship shape. And I’m proud to help them when I can.
John Burleson
Jim Taylor says
It is 100% up to the driver to ensure the equipment is safe. Desk jocky’s, managment, and even mechanics can not physically make a driver operate an unsafe piece of equipment, no matter what anyone says. I was told to operate a piece of unsafe equipment by a desk monkey, and I told him that I would be proud to drive that truck. Directly to the nearst DOT scale, and ask THEM to do an inspection. He wasted no time when telling me to get it to a shop, and make SURE it was fixed! If you pull into a DOT scale and explain to them what is going on, they will not give you a ticket, but will assist you in seeing that the company gets their cage rattled. If the company fires you, you can and should sue them (whistle blower), and even if they don’t, why would anyone want to work for a company that requires their driver to operate unsafe equipment?
Willa Gilkey says
This is true, I was a member of a team and we were told to just drive it and deliver the load. We refused and took it to a nearby terminal to find that all of the drums were badly grooved and the brakes were glazed on the tractor. the DM was a little pissed but still worried because he insisted that we continue on after telling him for 4 days the brakes were bad. This guy should have refused.
Willa Gilkey says
They are too greedy for that. They only care about how much money you can make them. If you get hurt or God forbid, loose you life, in a couple of days there is another driver in the spot you were in, and their funds continue to come in.
Paul says
Good stuff Jim Taylor, awesome advise, folks should follow it,,if every driver did that roads would be safer
camedicinewoman says
Unfortunately for the plaintiff in this case, the court is correct, the only recourse is with the state’s Workman’s Compensation system. Unless the co-defendants who are not the actual employer have a direct role in her spouse’s death, suing them will be a waste of time. I know this because I am into my 19th month of a legal battle with my now former employer and their insurance carrier, which thus far has refused to pay anything (except for an Independent Medical Exam and associated mileage expenses, which didn’t come close to what it actually cost to prepare me medically to travel to the IME), despite a willful and deliberate act that has resulted in my now being unable to work at all, in any profession of capacity, ever. My life is now a hell of poverty, pain, doctors, and pills, and it will only get worse (there’s no way to fix my leg, I’ve even begged for the docs to cut it off to stop this nightmare I live in now).
The problem universally lies with the so-called Workman’s Compensation system. Originally intended to protect employers from being bankrupted by a single worker becoming injured or ill during the course of their employment due to workplace accidents through a no-fault premise, the basic idea was medical expenses get covered, the employee’s lost time at work gets covered, until the employee can return to work. In the event the employee can no longer do the work they previously did, job retraining would be covered as well.
Then, a couple of decades back, the insurance carriers for the employers went on an advertising blitz, spending billions across the nation to convince everyone that most injured workers are just faking (often showing the same three or four videos of someone allegedly faking an injury or illness in every state). Wage compensation limits dropped to whatever the maximum is for Unemployment Insurance or two-thirds earnings (whichever is less), I think the maximum at that time was $420 per week. If an employee is forced to hire an attorney (nearly always now), they’ll have a hard time finding an experienced qualified attorney willing to take the case on a contingency (98% of injured workers can’t afford an attorney any other way). Through that same slick billion dollar ad campaign, every state sharply limits what an attorney representing an injured worker can earn on the case.
Today, the system has evolved into one that protects the employer from ANY liability, even in cases of willful and deliberate misconduct by the employer being the cause of the employee’s injury or illness. This includes some criminal acts. The most the plaintiff can hope to collect under the Workman’s Compensation system in her state is a little over $400,000, or two-thirds of her spouse’s earnings at the time of his death multiplied by the maximum benefit for permanent disability (in this case, death) of 500 weeks, whichever is less. She will first have to find an attorney willing to take her case and invest years into trying to win, and that attorney must be willing to accept only 15% (plus or minus a couple of percent, each state is different) of whatever the final settlement or judgment is.
In this case, the claim is regarding faulty brakes. The plaintiff will have to be able to prove that the failure of the braking system was such that it could not be detected by her spouse during the last (and legally required) routine Driver’s Vehicle Inspection Report, or that her spouse in fact reported a problem with the braking system, and that a qualified mechanic for the employer certified that the defect would not result in an accident or vehicle breakdown (no defect found or repairs allegedly made). She needs to get those records fast, employers are only required to keep the DVIR for the same 6 months as our logs. Without them, she loses. She may have a claim against a 3rd party mechanic, if they were the last to claim the brakes were fine, but that’s about it.
This is why you should always, and religiously, do your vehicle inspections, and document everything IN WRITING that you find. If a mechanic says they fixed it, make them sign your DVIR, and keep a copy of the repair ticket for your own records. If your employer refuses to make repairs on the road, have the mechanic document that as well (nearly all will).
As for the suggestion regarding driving to the nearest scale and volunteering for an inspection, I was trying to do that when my brakes failed, after my employer refused to “spend one more dime on a trade truck.” I’m now disabled for life as a result. Most law enforcement agencies will come to you, though you’ll have to ask, and maybe wait a little while until an officer is available. If not, don’t worry. If possible, take pictures (video with audio is way better) of the problem. Refuse to move until the problem is fixed if it has ANY chance of causing injury to you or others. The employer has a choice, fire you in place or make repairs. Yes, they will probably fire you later, but that job isn’t worth it if that is how they operate to begin with.
Unless you’re in the US Armed Forces, getting killed or disabled on the job isn’t what you signed up for. CYA at all times, and get home safe every time. You are of no use to your family if you don’t.
Gary Fowler says
Well maybe if they didn’t put “dust covers” over the brakes we could actually tell if they’re any good or not. I used to write up truck and trailers all the time before they put covers on them. Since they put them on I haven’t been able to see them since. Are they any good? No idea. Who’s fault is that? The DOT for requiring a shield that prevents an accurate inspection in my book.
Gary
Don Dierdorff says
Unfortunately, most companies think something is wrong with the driver when something is wrong with the equipment. I experienced this problem with more than one company and it’s a problem that will never go away unless and until drivers have the ability to be whistle-blowers without repercussions. Once you’re labled a trouble maker, you’re done, and everyone knows it.
PJ says
Best reply thus far!
David Holden says
What did the official accident report conclude was the cause of the accident, who did the post accident inspection on brakes, tires, etc?
I bet the issue was the pay system, paying drivers by the mile is the major reason for speeding and unsafe speeds and other conduct. Not only do most of these drivers need a major raise. But congress should act to stop the practice of paid incentives to drive fast. Do the math $0.50 x 40mph = $20.00 an hour? $0.50 x 100mph = $50.00 an hour, this is insane EVERY since they deregulated trucking, truck drivers have been a victim of every kind of scam, corporate ploy, excessive immigration, rules modifications, and restrictions. It is well past the time the Nation consider the men and woman who deliver EVERYTHING people use in their work and lives. Truck drivers are the most neglected group of professionals in America; no other job classification carries more responsibility yet is paid so poorly with such terrible working condition and lifestyle. The owners of the big companies get rich, and truck drivers for the most part barely scrape by. If you are an owner operator it is even worse especially if you are in the clutches of a broker who takes over 50% of your earnings. I know it’s a tough completive business I work for one of the biggest and most competitive companies around. They are tough but they do not pull the stunts I have seen many of the specialty companies and smaller logistic companies do. Someone in congress needs to conduct a lobbyist free investigation on what is going on. The Laissez-Faire government of the past 40 years has cost hundreds if not thousands of lives because of greed.
skull county says
Well anyone who agrees with this lawsuit is the reason there are so many rules and regulations in this industry and you sooner or later will be the driver in this article.
Ron says
Well I hate to say this, but it seems that it is the drivers fault. I myself make sure my equipment is up to my standards and if they aren’t then i wont drive that truck. There are to many jobs out there not to CYA (cover your butt). My loyalty is to my family and myself not to the company. Luckily in my 25 years as a driver i have never had to leave a job over safety issues, but I would walk out in a heart beat if they wouldn’t fix a safety issue with my truck. Heck i have left over smaller things in my earlier days. Sorry to say i feel for her loss but at the same time if he would have done what was needed to make truck safe then it wouldn’t have happened.
Bernie Somes says
Perhaps speed was an issue, perhaps not. One thing for certain is that despite the obligation of the driver to do a pre-trip inspection on both the tractor and trailer (396.11) FMCSA Regulations clearly outline that unless a driver meets the Brake Inspection Qualifications and is duly certified (396.25) it is unlawful for that driver to adjust the brakes on any driveawy-towaway vehicle. In our pre and post trip inspections we are to visually inspect brake liners for liner and brake wear, air leaks, broken adjectors, air lines, etc. We as drivers ascertain the fitness of our brakes by various tug tests. For example set the trailer brakes and try pulling away, do the wheel roll or drag? Aslo, the proper use of the Johnson bar is to preform a pre-trip 5 mph hard stop test. Also, do you hear your brake drums hum when you apply the brakes? If so, the driver needs to cause the Motor Carrier to make repairs. It is the responsibilty of the Motor Carrier to pre-trip the trailers that they provide and to properly repair and maintain their equipment (396.15) So, this driver may very well have done a proper pre-trip inspection up to and including the braking system at the level of his legal expertise and concluded that his Motor Carrier’s compliance with FMCSA regulation was satisfactory. Then cause of this accident was trailer brake failure, which clearly falls under the responsility of which authority provided the trailer equipment.
Byron says
Its an unfortunate accident and my heart goes out to the family. This is an industry where things just happen… Maybe the brakes were faulty from the start or maybe the failure happened mid-trip… As a driver we put our lives and trust in the hands of our equipment and experience. Sometimes things go south real fast and chance is the difference between life and death.. Ive had a brand new steer blow out and cause me to lose control.. Luckily no one was around that late at night. I dont believe pointing fingers will make this industry any safer. What we need is better training programs for truck drivers and higher pay… Wishful thinking i guess