Some Companies Find Breaking Regulations is Cheaper
Every major trucking safety regulation exists because someone died.
Those hours-of-service regulations? People died before they were put in place. Brake inspections? Driver qualification standards? Maintenance regulations? The issues were discovered because something went terribly wrong, and a family lost a father or a mother. A husband, a wife, or an entire family was killed sparking enough outrage to get regulators involved, and safety standards put in place.
Yet every year, investigators still find trucking companies that ignore those safety regulations. They falsify logs, operate unsafe equipment, ignore maintenance, and cut corners wherever it helps them increase profits.
The Car Crash Captain explores the question: if safety regulations exist, why do some trucking companies keep getting away with breaking them?
The Rules Aren’t the Problem
Most trucking companies operate safely every day. They know the rules, they know why they’re important, and they follow them – even when they’re irritated and believe they can get by “just a few more miles.”
The issue isn’t the regulations or the lack of regulations. That’s not what’s causing unsafe trucking behavior on the roads today. The issue is that some carriers view these safety violations as a business expense instead of a formula to keep people alive.
Unrealistic delivery schedules (pressured by a growing society that demands instant gratification) leads to hours-of-service violations, falsified logbooks, deferred maintenance, and unsafe behavior on the roads. The result is that companies are penalized, but the penalties cost less than compliance.
The FMCSA already cracks down on violations, and issues thousands of them every single year. Trucking companies in Texas alone racked up over 1,700 violations in the last few years. But with an average penalty fine of around $7,000, it’s merely an incentive to not get caught than to change behavior. They know the rules and they choose to break them anyway.
What Happens When Regulations are Ignored?
Over time, the regulations will change. But it will come at a cost far greater than any monetary fine could ever incur.
Long before a crash, these violations add up. Back in 2015 a trucking company in Ohio was ordered to cease all operations due to multiple violations. A random inspection found 43 violations on just one of their trucks. Then, digging into records, it turns out that the company had been operating for over a year despite being served two separate out-of-service orders (these orders are commands to cease all operations). Blatantly ignoring regulators meant they created “an imminent hazard to public safety” that they just didn’t care about.
Not all violations involve shut down orders before someone dies. In 2019 a driver in New Hampshire was high on fentanyl, heroin, and cocaine crashed into and killed 7 motorcyclists in a horrifying accident. It turns out that the owner of the trucking company barely knew the driver before hiring him, and was found to be falsifying driver logs to avoid regulations (including disregarding speed limits and hours of operation). Ultimately, he was imprisoned, ordered that he couldn’t driver commercially for a year, and his company was dismantled and no longer in service.
Sometimes justice is served, but it comes with lifelong debilitating injuries. In 2022 a commercial truck in Laredo, Texas turned left from the far-right lane. Another motorist was approaching and couldn’t stop in time, crashing into the side of the truck. The driver was cited and terminated. The trucking company attempted to lie about what happened, but the dashcam footage and eye witness statements proved their story was fabricated. They tried to weasel out of responsibility with what sounds like a great settlement offer of $750,000. The case went to trial and a jury, just this year, awarded the victim $20 million. It’s only when the violations hurt the companies deeply will these companies take things seriously.
This is Why Regulators Aren’t Doing their Job
So, what’s going on with the regulators? Are they winning the fight against terrible trucking companies that repeatedly violate regulations? Or are they falling behind? The answer, it turns out, is both.
Regulators are cracking down on companies that are pushing the limits. They’re targeting fraudulent licensing schemes, focusing on “chameleon carriers” that shut down and open under new names, and they’re pressing for more audits and enforcement actions against states and carriers that fail basic compliance standards.
However, studies published this year and last keep finding that enforcement actions have dropped dramatically. Dangerous carriers continue to avoid meaningful consequences (largely due to administrative backlogs) and they’re still on the road breaking the rules in the name of profits.
Unfortunately, the investigations get serious after it’s too late. A major truck crash happened, someone was injured or killed, and now the company is being investigated to determine whether truck safety regulations were intentionally ignored.
Meanwhile, the victims and their families suffer.
Herbert Law Group Pushes Back for YOUR Justice
This is why Herbert Law Group operates from our offices in Richardson, Texas. Safety will only improve when truck safety regulations are taken seriously by the carriers. And they’ll only take them seriously when they know the consequences for breaking the rules are far more expensive than ignoring them.
If you have been injured, or a loved one was killed, in a truck accident in Texas, you can be a part of inspiring change and making the roads safer for everyone. We want to help you receive compensation for your losses, and nudge these trucking companies toward better compliance.
But first, we have to find out what happened. Call our Richardson, Texas offices at 214-414-3808 and we’ll have a free conversation to determine how we can advocate for you. No time for a call? Fill out our contact form and we’ll make it happen on your time.