Truck Driver Personal Injury and Wage Attorneys in Los Angeles, CA

Los Angeles has one of the most dynamic economies in the world, with multiple industry sectors that are either poised for massive growth or have already been thriving for decades.

Home to Hollywood and many major film studios, the coastal city is primarily known for its entertainment industry, which is one of the biggest economy drivers not just of the area, but of the entire country as well. The film and television industry supports about 2.5 million jobs and pays out an estimated $188 billion in wages each year.

Besides media and entertainment, Los Angeles also boasts several other thriving industries, including hospitality and tourism, biosciences, aerospace and defense, construction, and more.

With such a sizable and complex economy, it follows that the movement of goods, supplies, and labor would be instrumental to L.A.’s continued growth. The city, however, has been heavily hit by the nationwide truck driver shortage, significantly slowing down operations in multiple industries.

For instance, the worsening truck driver shortage has started causing food supply issues in California. Agricultural producers are concerned that there aren’t enough truckers to haul this year’s harvest to market. If the situation persists, it can diminish food supplies as the produce would be left to rot in the farms, leading to significant price hikes.

Los Angeles Trucking Community

Due to their critical role in keeping the economy afloat, drivers are in high demand in L.A. these days, with thousands of driver positions in the city listed on job websites like LinkedIn and SimplyHired. Many of these job listings offer incentives to entice people to apply, including training reimbursement and signing bonuses.

But even with perks like these, people are reluctant to join the trucking industry. One of the biggest reasons for this hesitation is the wages; many truck drivers are poorly compensated, especially those who operate under the piece-rate pay system. There are also ongoing concerns about work hours and safety.

Some of these unfair working conditions already count as labor violations, but not all truckers are aware of that.

This is where Truck Driver Rights steps in. Our lawyers specialize in cases concerning unfair wages, unjust work hours, and work-related personal injuries, helping truck drivers secure the compensation they’re entitled to.

Wage and Hour Issues

A low wage is an issue that many truck drivers have in common because many of them are paid piece-rate. This means they are compensated according to their fulfilment. Employers can choose to pay their drivers either by the number of miles driven, by the percentage of load delivered, or by the hour.

The per-mile and per-load pay systems can put drivers at a disadvantage because these don’t always account for hours spent performing tasks that aren’t covered by the piece-rate pay. This is why it’s important that drivers are aware of the law on piece-rate compensation.

Piece-Rate Compensation

The California Labor Code states that a worker’s piece-rate pay should not fall below the state’s minimum wage of $13 to $14 per hour (as of August 2021) when divided by the number of hours they worked.

So, if you were to make a round-trip delivery that would take eight hours, you should at least receive $104 during that shift to meet the minimum $13 per hour.

Another important thing that truck drivers should know is that they’re entitled to separate compensation for non-piece-rate hours. These hours include time spent doing vehicle inspection and repairs, attending required meetings and training, loading and unloading the truck, and trip delays caused by bad weather.

Hours of Service Regulations

Apart from the piece-rate compensation law, drivers are also protected by the Hours of Service regulations set by the Federal Motor Carrier Safety Administration (FMCSA). According to FMCSA, truck drivers are entitled to the following:

• 30-Minute Driving Break: Drivers are required to take a 30-minute break after driving a total of eight hours without at least one 30-minute interruption. They can use this time to perform on-duty non-driving tasks, such as inspecting the vehicle or refueling.
• Adverse Driving Conditions Provision: Truckers can extend their 11-hour driving limit up to two hours if they encounter adverse conditions on the road. These include traffic accidents and inclement weather like heavy snow or rain.

If your employer continues to undercompensate you or make you work unreasonably long hours even after you brought up the issue with them, consult a truck driver lawyer immediately to get legal assistance.

Health and Safety Risk

Long hours of solitary work and being out on the road all day expose truck drivers to a range of health risks. Many truckers struggle with mental health issues, stress, overfatigue, and even chronic body pain. These medical conditions can impair their driving ability, which increases their risk of getting into accidents.

The Centers for Disease Control and Prevention (CDC) adds that because of the nature of their work, long-haul truckers are at higher risk of developing the following conditions:

• Heart disease
• Diabetes
• Hypertension
• Obesity

To protect drivers from unsafe working conditions, the Surface Transportation Assistance Act provides truckers the following rights:

• Refuse to drive under adverse weather conditions
• Refuse to drive while suffering from an illness or fatigue
• Refuse to drive an unchecked, overloaded, or faulty vehicle
• Refuse to violate Hours of Service
• File a complaint against their employer with the Department of Transportation

Truck drivers can also file a personal injury claim against their employers due to negligence. For example: an employer forced a trucker to drive even though the weather was bad, which resulted in an auto accident. This can be considered as an act of negligence on the employer’s part, so they should be the one held liable for the incident instead of the trucker.

If your employer is forcing you to drive under unsafe conditions or is paying you less than the minimum wage, seek legal assistance immediately. Your lawyer will investigate possible labor violations and make sure that you’re properly compensated.

Aggressive Representation for Los Angeles Truckers

Truck Driver Rights strives to protect the rights of truckers, helping you seek compensation from employers who undermine your safety and rights. We represent truckers in mediations, lawsuits, and class actions.

Our truck driver lawyers help you contest unfair compensation, recover lost wages, and resolve other legal issues related to commercial truck driving.

Call Truck Driver Rights at 877-700-0009 or complete the free consultation form today.