“It’s their fault, and they’re going to pay,” Dan Ramsdell said about trucking companies that force their drivers to violate federal safety regulations.
Commercial motor vehicle wreck attorneys across the United States know from experience that trucking companies prioritize profits over people’s safety. Responsible truck drivers become dangerous when their employers push them past their limits.
On episode 56 of After the Crash, truck accident attorney Dan Ramsdell spoke with host David Craig about the unfortunate reality of the commercial trucking industry and what his experience has taught him about exposing dangerous trucking companies.
Often, the Company Is at Fault for Semi-Truck Wrecks
Motor carriers have a responsibility to hire well-trained, capable drivers to operate their commercial motor vehicle fleet. They have a responsibility to train and educate their drivers and ensure they follow Federal Motor Carrier Safety Administration regulations.
For example, a semi tractor-trailer driver should know that FMCSA rules instruct them to stop driving if the roads are icy.
“And when he doesn’t know it or do it, the blame is always on the motor carrier,” Dan Ramsdell said. “Always, always, always.”
If they aren’t adequately educated, a driver of an 18-wheeler, flatbed truck, or another heavy truck may be breaking the law without knowing it. They may also be coerced into violating safety standards by their employers.
In 2023, nearly 3 million roadside inspections were conducted on commercial motor vehicles in the United States. Violations were identified in over half of these. There were 4.7 million large-truck safety violations issued during roadside inspections in 2023 alone.
The third and fourth most common violations were:
- False report of driver’s record of duty status
- Operating a CMV without a CDL (commercial driver’s license)
Both of these can be traced back to a driver’s employer.
A driver’s records of duty status (commonly known as RODS) is the log that reports their driving time, on-duty time and off-duty time, and other data like miles and hours driven in the past 24 hours. It is used to enforce hours-of-service rules and keep drivers from operating their vehicles while tired.
Falsifying these logs is illegal, and the FMCSA writes that “a carrier is liable both for the actions of its drivers in submitting false documents and for its own actions in accepting false documents.”
Many truckers report being encouraged or even required by their companies to exceed hours-of-service limits to complete a delivery. This is dangerous, and motor carriers must be held accountable for it.
Another popular safety violation in 2023 was “operating a CMV without a CDL.” This means that the trucker did not have a commercial driver’s license and was thus operating the semi illegally.
This violation also falls back on the trucking company. Allowing an unlicensed driver to operate a 40-ton, fully loaded semi tractor-trailer for thousands of miles on interstates is absolutely unacceptable.
“The company is at fault for not training [their drivers] and not supervising them and not firing them when they’re not qualified,” Dan said in episode 56 of After the Crash.
An experienced, qualified truck accident lawyer will investigate the wreck that injured you and the trucking company whose driver caused the wreck. To determine liability in a semi-truck crash, an attorney must dig deeper.
Why Punitive Damages Matter in Truck Accident Personal Injury Cases
Lawyers who aren’t equipped to handle a large-truck accident case might secure compensation for their client — but it will likely be insufficient. Trucking cases are not like ordinary personal injury cases and must be approached differently.
If you’ve been seriously injured by a semi-tractor trailer, you’ll need more financial compensation than just a company’s insurance limits. The federal minimum for motor carrier insurance coverage is $750,000. This is not good enough for victims with hospital stays, surgeries, lost wages, loss of future earning capacity, and/or a lifetime of medical care.
For this reason, a qualified truck accident lawyer will identify all responsible parties and track down compensation. One important type of financial compensation in big-rig lawsuits is punitive damages.
A punitive damages award is different than economic and non-economic damages. This award is intended to punish the at-fault party for its negligence and discourage similar conduct in the future.
Too often, Dan said, attorneys lack the knowledge and experience to expose dangerous motor carriers for their habitual negligence. They’ll sue the truck driver, but not his company. Doing this allows the motor carriers to move on without repercussion for their dangerous behavior.
Earlier, we discussed false reports of a driver’s records of duty status. If the driver was pushed by the dispatcher to exceed hours-of-service limits, then that driver fell asleep at the wheel and caused a wreck, the plaintiff’s attorney could argue for punitive damages from the trucking company.
Punitive damages in commercial motor vehicle wrecks help punish reckless companies, but they also help protect truckers by showing their employers that misconduct is not tolerated.
After a Wreck, Truck Drivers Call Dispatch Before 911
Dan Ramsdell, the guest on episode 56 of After the Crash, is the founder of Ramsdell Law Firm in Springfield, Missouri. He has handled truck cases throughout the United States and is an expert in commercial trucking law.
He also used to be a truck driver. He has family members and friends who are truckers.
“They’re the salt of the earth,” Dan said of truckers. “They’re the hardest-working people on the planet.”
Unfortunately, the commercial trucking industry is riddled with corruption, greed and disregard for safety. Many truck drivers are taught that, if they are in an accident, they should call dispatch before 911.
They call dispatch first, and the trucking company sends their claims adjuster and attorneys to the scene of the wreck. These people talk with witnesses and influence their accounts of the crash. They coach the semi-truck driver on what to say to avoid liability (even if that means lying).
Meanwhile, the victims may be suffering — even dying — in their vehicles.
“It’s all about putting profits over people,” Dan said.
If you’re a client in a truck wreck lawsuit, don’t be surprised if the trucking company denies all responsibility at first. As the plaintiff, you have the burden of proof. This means it is up to your attorney’s team to prove that the trucker and the trucking company are liable for the wreck.
This is where the importance of hiring the right attorney comes in. Here’s what Dan Ramsdell and David Craig, two nationally recognized truck accident attorneys, have to say.
“Don’t be injured a second time by getting the wrong lawyer.”
As the victim of a wreck with a big rig, your life may be turned upside down. You may be experiencing severe pain, suffering from psychological trauma, or grieving the loss of a loved one.
Where do you begin?
As hard as it may be to look past the accident, you must hire a qualified truck wreck attorney as soon as possible. Doing so will minimize the grief and anxiety you feel in the coming months.
Unfortunately, trucking companies will try to take advantage of your fragility after a wreck. They will send a representative from their insurance company to make you an offer. Though it may seem like a lot of money, when compared to the cost of your medical care and lost wages over the course of your life, it is inadequate.
If you’ve hired the right attorney, this won’t be a problem. Your attorney will handle the negotiations, investigations and frustrations so that you don’t have to.
The lawyer you hire should be experienced, qualified and competent. In a semi-truck wreck case, you should look for a lawyer who is board certified in truck accident law. Here are some signs you’ve found the right attorney.
- They have successfully handled cases like yours before. Not only has this lawyer represented truck wreck victims, but they’ve also gotten them just compensation. They should have trial experience.
- They aren’t too busy to take your case. Some lawyers are focused on money, not the clients. If your attorney has time to speak with you personally and makes you feel important, that is a good sign.
- They have a team to investigate the wreck and gather evidence. An unprepared lawyer will be overwhelmed by a complicated trucking case. Look for someone who’s ready to dive in and get answers.
- They inspire trust in you. Do you trust this lawyer to consult you on settlement decisions? Do you trust that they have your family’s best interests in mind?
- They are a leader in their field. Look for an attorney who has spoken at conferences, published books or articles, and been elected to positions as a trial lawyer.
One of the most important pieces of advice Dan and David have for someone who is searching for a lawyer: Don’t settle for the first good option you find. Interview several attorneys. Pay attention to how honest, passionate and relatable they are. These traits matter.
Your Case Matters. Contact a Truck Wreck Attorney Today.
Crashes involving large trucks happen every day. They have various causes and consequences. One thing is certain: If you’ve been injured by a semi or other heavy truck, you’ll need an attorney to help you battle the companies involved.
Attorneys at Craig, Kelley & Faultless have the experience and resources to successfully represent truck wreck survivors. The firm has offices throughout Indiana and in St. Louis, and its attorneys are licensed to represent clients in Indiana, Kentucky, Illinois, Missouri, Ohio, Tennessee and Iowa.
Contact Craig, Kelley & Faultless for a free case consultation or with any questions today at (800) 746-0226 or through the online form.
David W. Craig sits on the Board of Regents of the Academy of Truck Accident Attorneys (which requires the board certification in truck accident law). He is the managing partner and one of the founding partners of Craig, Kelley & Faultless LLC. He is recognized as a Top 10 Trucking Trial Lawyer and Top 100 Trial Lawyer in Indiana by the National Trial Lawyers, as well as a Top 50 Indiana lawyer by Super Lawyers. David is the author of Semitruck Wreck, A Guide for Victims and Their Families, written to help people navigate a terrible situation by answering questions that come after a tragic wreck. He also hosts the podcast After the Crash, where you can gain valuable information about the dangers involving semis and large trucks that do not follow safety protocol regarding speed, weather conditions, maintenance upkeep, etc.
Email
Facebook
Twitter
Linkedin
Instagram