Schmitt Mulhern, LLC

Fraud and negligence in the trucking industry

The Federal Motor Carrier Safety Administration maintains a number of regulations designed to maintain safety standards among commercial motor vehicles, including semi trucks and buses. The FMCSA lays out the standards for testing and licensing commercial drivers, transporting hazardous materials, and generally promoting a safe trucking industry. This massive responsibility is made difficult, or even impossible, by people willing to commit fraud to make money.

Criminal acts frustrate safety guidelines

Last month, the owner of a Missouri business pleaded guilty to healthcare fraud. The particular fraud in question involved supplying truck drivers with falsified medical exams. The man, who was not a credentialed medical worker, forged the name of a licensed chiropractor to help truck drivers keep the right to stay on the road.

Falsifying records is a widespread problem in the industry. Whether it is drivers falsifying logbooks in order to violate hours of service restrictions, or applicants hiding a history of unsafe driving, there is no shortage of drivers who are on the roads when they shouldn’t be.

Unsafe drivers

Driving an 18-wheeler is a tremendous responsibility. Mistakes that would end in a fender-bender if made in a car can be fatal when they are made by a truck driver. Trucks are more difficult to operate than cars and truck drivers often work in conditions that other drivers could not handle. When an unfit driver is allowed to get behind the wheel of a tractor-trailer, it is a recipe for disaster.

Trucking negligence

It is not always a simple matter to identify negligence in a vehicle accident case. If a truck driver rear-ends a line of cars, there could be many reasons why. The driver could be impaired or distracted. The brakes on the vehicle could be faulty. The trucking company could be coercing the driver into operating the vehicle too long, leading to fatigue. The driver could be inadequately trained or medically unfit. Determining the cause of the accident is vital to securing full compensation for the victims of a truck accident. That is why it is always a good idea to contact an experienced attorney as soon as possible after a wreck.

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Ben Schmitt

Attorney Ben Schmitt

Mr. Schmitt has over 25 years of legal experience in Missouri and Kansas, and he has been first chair in over 100 jury trials in state and federal courts. He is recognized by the Kansas City Business Journal, Super Lawyers, Avvo.com and Martindale Hubbell as one of the best personal injury lawyers in Missouri and Kansas.

Matt Mulhern

Attorney Matt Mulhern

Mr. Mulhern has over 25 years of legal experience and a 100 percent success rate arguing before the Missouri Court of Appeals. He has a unique knowledge of the inner workings of insurance companies and how they will dispute your injury claim. He practices in both Missouri and Kansas.