Truck driver Rene Flores drove long past the hours allowed by law, then he doctored his logbooks to cover it us. And his employers knew.
The truck driver told his story to a journalist at USA Today, claiming he was fired when he complained. Of course, his employer tells a different story, putting the blame back on the driver.
I have seen this type of situation in my law practice many times. Under federal and Texas laws, both driver and employer are liable for violations of hours of service laws and for injuries caused by the inevitable wreck.
That is why I conduct a thorough investigation into the driver’s conduct and the employer’s policies and practices. Does the company set unrealistic delivery schedules? Or employ an unfair pay scheme that encourages its drivers to work dangerously long hours? Does the employer know about the hours of service violations? Is the trucker’s job threatened if he rocks the boat? In a shocking number of cases, the answers to all these questions is “yes.” Continue reading