One legal principle that every lawmaker, judge, juror, and lawyer knows is “ignorantia juris non excusat”— ignorance of the law excuses no one. This is also a principle that every private citizen would do well to be guided by. Here, we list your rights as a truck driver, specifically in the areas of personal injury and wages.
Personal Injury
According to an Occupational Safety Hazards Administration (OSHA) report from 2017, there were approximately 450,000 accidents involving large trucks. One percent of these accidents or 4,237 were fatal, and 23% or 344,000 of these accidents resulted in injuries. It should be noted that in 91% of those accidents, only one fatality was reported. In 82% of these accidents, the fatalities were not occupants or drivers of the trucks.
In such cases with serious injuries or even fatalities, are you, the truck driver, liable? And if you are injured on the job, can you sue your employer, or are the other parties liable? The answer isn’t always a clear-cut yes or no. That’s why you must know your rights.
Compensation for Injuries
You have a right to compensation for the injuries you incurred on the job, regardless of whether you, a co-worker or your employer is partly or wholly at fault. If you are employed by a company that has opted for the state’s workers’ compensation program, you have the right to file a workers’ compensation claim. You are eligible for medical benefits and income benefits.
Truck Driver Liability in Accidents
In truck accidents, even when you, the truck driver, caused it, can you be held liable?
The answer is usually no. The legal principle of respondeat superior is usually applied first to determine who is liable in an accident involving commercial trucks. This principle states that the employers of the truck driver are liable for the truck driver’s actions, as long as they are working within the scope of their employment.
Simply stated, if an accident you caused occurred during your work hours, and as you are performing tasks within the job description, your employer will be held liable for any damages. This is also known as your employer being vicariously or indirectly liable.
An example of this is if you (the truck driver) are delivering a heavy load cross-country and you accidentally rear-end a car. Despite being behind the wheel and the direct cause of the accident, it’s your employer that must pay for the damages.
When the Truck Driver is Personally Liable
Don’t think that whenever you’re behind the wheel and cause an accident, your employer will be liable for all the damages. You can be held personally liable for an accident under these conditions:
- When Working as an Independent Contractor
If you own your truck, pay for the gas, repairs, and commercial driver’s license fees, then you are considered an independent contractor. Even if you are contracted by a trucking company but make your own delivery schedule, you may still be considered an independent contractor. Be careful with trucking companies labeling you as an independent contractor, as this will mean that they can’t be held liable for any accidents that may happen while you’re performing tasks for them.
- When Acting Deliberately
If you, the truck driver, do certain actions on purpose and cause damage, then you are most certainly liable for damages caused by your actions. For example, if you crashed into another vehicle out of anger, then you are personally liable. But if the trucking company that hired you knew or had reason to suspect that such actions could happen, then the company may also be liable.
- When Acting Outside Your Scope of Work
Should any accident happen outside your contracted man-hours or outside of your job description as contracted by the company, then you are liable for the damages. In some cases, determining what actions are “outside the scope of work” can be a long and intensive process that must be discussed in court. If you took the truck “for a spin” without your employer’s permission or knowledge, and it crashed into another car, then you are liable. The accident did not happen within the scope of work, so you are liable for the damages.
Other Cases for Trucking Company Liability
A trucking company can be indirectly liable as in the case of respondeat superior, but it may also be directly liable. The most common instances where a trucking company can be held directly liable are:
- Negligence in Truck Maintenance
If it were found that the accident was due to the trucking company failing to maintain their trucks properly, then they would be held liable. According to regulations set by the Federal Motor Carrier Safety Administration (FMCSA), wear-and-tear maintenance, regular checks, and repairs must be conducted. The trucking company must ensure that the brakes, steering wheel, and tires on their trucks are all properly inspected, repaired if necessary, and well-maintained. For instance, if an accident would have been prevented if brakes or tires were inspected and repaired, then the trucking company is liable.
- Pushing Truck Drivers to Work Past Mandatory Hours
Any trucking company cannot compel you to work more hours after you’ve hit your maximum hour limit. FMCSA has set rules on how long you can drive, how many hours you need to sleep in your sleeping berth, how many breaks you’re entitled to have, etc. These limits were set by the FMCSA to avoid accidents caused by driver fatigue. If the trucking company forces you to drive past these limits, they will be liable for any accidents incurred during these additional hours.
- Negligence in Hiring
A trucking company that is careless or negligent with the eligibility requirements of its drivers, then the company can be held liable for any accidents. For example, if you don’t have a commercial driver’s license, or didn’t pass the medical requirements, then the company that hired you will be liable for any accident, even if it was due to your lack of qualifications or medical issues.
Personal Injury Claim on Responsible 3rd Parties
In certain cases, you may be able to file a personal injury claim against responsible 3rd parties for any injuries you sustained on the job. These third parties may be other truck drivers and their trucking companies, or other motorists, if you can prove that their negligence contributed to the accident and your resulting injuries. Your employer may also be liable if you were hired as an independent contractor and have been hurt as a direct result of forcing you to drive when it was unsafe.
Trucker Driver’s Rights to Safe Working Conditions
As a truck driver, you should be aware of your right to work in a safe environment, and you have the right to demand your employer adhere to approved safety standards. If you find that your employer may be negligent or deliberately dismissing safety standards, you have the right to refuse driving a poorly-maintained, unsafe vehicle.
If you make such demands, you should know that your employer may not fire, demote, or discriminate against you in any way if:
- You refuse to operate a vehicle that doesn’t meet safety regulations
- You report violations of vehicle safety requirements
- You allege risk of exposure to or allege actual exposure to hazards
- You testify or participate in safety-related investigations or proceedings
If you felt you were discriminated against, you must file a complaint with the OSHA within 180 days of the alleged discrimination. You can know more about the complaint process here.
Truck Driver’s Wage Rights
As of February of this year, the average pay of a truck driver in the US is $24 an hour. Some truck driver jobs pay as low as $10.34, and some as high as $39.42 an hour. Since sometime in October of 2018, there has been a major upheaval when it comes to truck driver’s wages. After nearly 3,000 drivers filed a class-action suit, an Arkansas court made a landmark ruling regarding their wages.
That ruling states that truck drivers should receive the minimum wage for the work they put in—regardless of whether they’re paid by the hour or by the mile, to comply with the Fair Labor Standards Act. This amounts to a rate of about $7.25 per hour.
The court also ruled that the time a truck driver spends waiting for his truck to be filled with cargo is still considered as work, even if that time may be considered as off-duty time. This ruling may not affect you much if you earn in the $700-$800-a-week range, but if you’re paid $200-$300 a week, you could be owed back pay or compensation with this adjustment.
Your Rights as an Employee
Trucking companies may resort to classifying their truck drivers as “independent contractors” to avoid liability in accidents, and avoid the costs of paying hourly wages, and federal and state employment taxes. While this is not explicitly illegal, you should know that many labor unions and federal regulators view this practice with suspicion. As a truck driver, you have the right to an hourly wage, consisting of at least a minimum wage. Overtime pay is given to some truck drivers, but only if their vehicle weighs less than 10,000 pounds.
Pay Deductions
Some state laws may allow deductions on your pay as a truck driver. If you damage your truck, for example, some employers may deduct the cost of repairs from your paycheck. In places like New York State, pay deductions for anything other than taxes or court orders is illegal, while other states like Indiana permit it. Arkansas expressly forbids deducting truck drivers’ pay for any reason, after the same landmark ruling on wages. To know if your trucking company does pay deductions, that will depend on which state it was incorporated in, and what that state’s wage and hour laws allow.
Work Hours
You should be aware that truck drivers can be on duty for a maximum of 14 hours a day, with a maximum of 11 hours for driving. You are expected to spend at most two hours waiting for loading or unloading shipments, and the remaining time to be used for breaks.
As with any other worker in any other industry, you must know your rights as a truck driver. The work you do is difficult, tiring, and can take you away from home for weeks at a time. Knowing your rights can help you ensure that your job remains a safe working environment, and can protect you from exploitation or abuse.