Category Archives: Trucking

Truckers Call Baloney On Bloomberg View

Today’s post comes from guest author Jon Rehm, from Rehm, Bennett & Moore.

Truckers were quick to criticize a Bloomberg View piece about the effect of shortage of truck drivers on the economy that our firm posted on our Facebook page.

Hedge fund manager Conor Sen made a valid point that the lack of truck drivers could drive up the cost of goods and slow down the economy. Sen went on to argue that this shortage will be exacerbated by the imminent automation of trucking. Why train for a job that will soon be eliminated?

There are two problems with his article.

Truckers pointed out that the shortage of drivers could be attributed to bad working conditions within a trucking. Sen didn’t address this in his article where he portrayed the driver shortage as something that just happened.

Poor working conditions for truckers are somewhat of a function of employment laws. For example, truck drivers are largely exempt from the Fair Labor Standards Act. While better laws for truckers would probably help attract more drivers, the trucking industry is fighting state law efforts to improve trucker wages. The wages of professional drivers are being further eroded by the use of contract drivers who are wrongfully classified as contractors rather than employers.

Secondly trucking industry observers believe automation is far from imminent. Professional drivers do a lot more than just drive. Even some tech industry boosters in the business press admit that automation may not be imminent. Increasing automation in truck driving could benefit drivers by making driving safer. Most airplanes fly by autopilot, but planes still have pilots.

In short, the trucker shortage isn’t just something that happened. It is driven by poor working conditions for truckers. Those poor working conditions are caused in part by bad laws which seem to be getting worse. It’s also not fair or reasonable to argue the supposed imminent arrival of automation to truck driving is causing a truck driver shortage. Automation of trucking is far from imminent, but increased automation may make trucking safer which would make it a more attractive job, which in turn would increase the supply of drivers.

Truck Parking: A Forgotten Piece of Infrastructure

Today’s post comes from guest author Jon Rehm, from Rehm, Bennett & Moore.

While bridge collapses make for dramatic footage and almost everybody encounters the more mundane danger of potholes, truck parking is not an infrastructure issue that most people think about, but it is a very important issue for over-the-road truckers.

Lack of truck parking is a safety issue for many reasons. Lack of parking for truckers makes it harder for them to find a place to sleep, which leads to more accidents. Additionally, drivers are forced to park in unsafe locations, like the shoulders of roads, which can lead to even more safety hazards.

I travel quite often on I-80 (which generally follows The Oregon Trail) when I travel between Lincoln and central Nebraska to meet with and represent my clients in places like Grand Island, Hastings, Kearney, Lexington and North Platte. I like the fact that Nebraska has plenty of places to stop for personal comfort, check email or even take a quick nap. But even in a state like Nebraska, where hospitality to overland travelers is an integral part of our state’s history, I still see safety issues with truck parking. The parking lots in many trucks stops are very rough from the weight of the trucks. This can lead to slip and fall injuries. Stops need to be well-maintained so that they remain safe.

Unfortunately, many urban areas are less friendly toward truck parking, which forces rural areas to bear more of the burden of truck parking. President Donald Trump has announced a $1 trillion dollar infrastructure plan. Hopefully, sufficient and safe truck parking will be part of that infrastructure plan.

Truckers Fired Over Workers’ Comp Claim: What to Do Next

Today’s post comes from guest author Rod Rehm, from Rehm, Bennett & Moore.

Truck drivers have a remedy if fired for making a workers’ compensation claim.

A recent award of over $100,000 to a truck driver who was fired for making a workers’ compensation claim illustrated the protection drivers have under the Surface Transportation Assistance Act (STAA). New Prime of Springfield, Mo., had to pay the former employee lost wages, compensatory and punitive damages. “The company must also expunge the complainant’s employment and DAC Report records of any reference to his unlawful termination,” according to the article above. 

The Occupational Safety and Health Administration (OSHA), which is often criticized for a variety of reasons, enforced anti-retaliation laws that protect truck drivers who are unfairly punished for taking steps to protect their health and financial welfare. These laws can also be enforced through lawsuits as an alternative to the OSHA administrative process. 

Truck drivers need to be aware of this protection. Truck drivers also need to know that OSHA and the Federal Motor Carrier Safety Administration (FMCSA) have just announced an agreement to strengthen protections for transportation workers from coercion and retaliation.   

The industry publication FleetOwner gives more details about how OSHA and the FMCSA interact with the STAA in this article.   

Here is one helpful quote from the FleetOwner article:

“If OSHA finds that a complaint is valid, it can order the employer to reinstate the worker; pay back pay, interest and compensatory damages; pay punitive damages up to $250,000 where warranted; and/or take other remedial actions.”

In addition, “action by one agency didn’t preclude action by another in the same situation” when it comes to the STAA.

“OSHA’s mandate is protecting workers, while FMCSA’s mandate is safety, (an FMCSA document) said. And FMCSA can take action against a carrier or other entity but, unlike OSHA, it can’t compensate a driver. So a driver filing a complaint with FMCSA about coercion might be able to file a whistleblower protection complaint with OSHA and vice versa, FMCSA said.”

The recent award and very recent press release from OSHA are great news for truckers and their families. The laws that protect you work. There is an apparently serious effort to make them work better. It will now be easier to protect your health and welfare if you are injured on the job.

Workers’ Comp Covers Work-Related Motor Vehicle Accidents

Today’s post comes from guest author Todd Bennett, from Rehm, Bennett & Moore.

Do you drive a company vehicle as part of your job?

Many find themselves in the situation where they travel regularly, or on a special errand from time to time, as part of their job. 

In the unfortunate scheme of things, if you are involved in an accident while driving, whether it is your fault or not, you are covered by and entitled to workers’ compensation benefits just as any other employee who suffers an accident on the premise of an employer.

More importantly, if the cause of the accident was not due to negligence of your own, but that of a third party, you have a right to bring a third-party negligence action against the party responsible for causing the vehicle accident. This right is separate and distinct from the workers’ compensation benefits that you are entitled to. Further, you also potentially have the right to bring an underinsured motorist coverage claim under your employer’s motor vehicle coverage as well as your own underinsured motorist vehicle coverage. These, too, are separate and distinct from the workers’ compensation benefits you are entitled to. 

It is important to note that the employer would have a subrogation right to be reimbursed for workers’ compensation benefits paid on your behalf against that of any third-party negligence claim where you obtained a recovery. However, as underinsured motorist coverage is typically viewed as contractual benefits in nature, there is no subrogation right from your employer if underinsured benefits are obtained in Nebraska.

If you or someone you know was injured in a motor vehicle accident that arose out of and in the course of one’s employment, there are significant issues to be aware of in order to obtain a recovery that meets your needs. If you have any questions or uncertainty when dealing with this point of law, please seek the advice of an experienced attorney who can help steer you in the best course of action.