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Thread: Prosecutor: Trucker in Tracy Morgan crash hadn't slept

  1. #21
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    Re: Prosecutor: Trucker in Tracy Morgan crash hadn't slept

    Quote Originally Posted by shavingcollywob View Post
    An employee certainly bears some responsibility but I don't know about ultimate responsibility. Certainly not legally.
    Do you have any evidence that the employer was trying to force the driver to break the law? If not, its not important. The driver messed up.

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    Re: Prosecutor: Trucker in Tracy Morgan crash hadn't slept

    Quote Originally Posted by Superfly View Post
    This surprises me. My daughter is a dedicated driver now in the Southeast, but used to drive OTR. Her company is extremely strict on allowing them when to drive and when not to drive. They have only a certain amount of hours per day to drive, per DOT regulations. All logs are electronic now, so it's a lot harder to fudge. Also, she told me that Walmart is very, very strict on it's drivers.

    A lot of unanswered questions, but the news is definitely saying that lack of sleep was the issue for the driver.
    Admittedly I haven't read much on this but I'm surprised as well.

    I don't even know how a driver goes about fudging his logs nowadays with digital logs and GPS.

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    Re: Prosecutor: Trucker in Tracy Morgan crash hadn't slept

    Quote Originally Posted by mike2810 View Post
    Do you have any evidence that the employer was trying to force the driver to break the law? If not, its not important. The driver messed up.
    I don't know what that has to do with anything I said.

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    Re: Prosecutor: Trucker in Tracy Morgan crash hadn't slept

    Quote Originally Posted by shavingcollywob View Post
    I don't know what that has to do with anything I said.
    we have a failure to communicate.

    if the driver in this case acted on his own to break DOT laws, then how would the employer have any responsibility for this accident?

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    Re: Prosecutor: Trucker in Tracy Morgan crash hadn't slept

    Quote Originally Posted by mike2810 View Post
    agreed to a point. . Nothing in the OP article says anything about the employer ordering the driver to violate the law. The driver has the ultimate responsibility.
    Too early in the investigatory process, but it will come out if the dispatcher knew the driver was past the hours of service limitations, and if so, both the driver & WM will be held accountable and a head or two might roll at Walmart Transport LLC.

    I did a brief search of Walmart Transportation LLC, and they have a pretty good equipment and driver safety record.

    Walmart Transportation Llc USDOT# 63585 - Bentonville,Arkansas Trucking Company

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    Re: Prosecutor: Trucker in Tracy Morgan crash hadn't slept

    Quote Originally Posted by mike2810 View Post
    we have a failure to communicate.

    if the driver in this case acted on his own to break DOT laws, then how would the employer have any responsibility for this accident?
    The employer wouldn't be but I was responding to your hypothetical point of:

    Even if a supervisor stated to the driver your on for 24+, the driver should have said, no way.

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    Re: Prosecutor: Trucker in Tracy Morgan crash hadn't slept

    Quote Originally Posted by mike2810 View Post
    we have a failure to communicate.

    if the driver in this case acted on his own to break DOT laws, then how would the employer have any responsibility for this accident?
    More then that though, and I'm certainly no expert on trucking, but I suspect the DOT requires the employer to have some idea of how many hours their drivers were on the road for. I don't know if that's Walmart or a third party trucking company but, if true, they would certainly be culpable even if the driver did it on his own.

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    Re: Prosecutor: Trucker in Tracy Morgan crash hadn't slept

    Quote Originally Posted by mike2810 View Post
    Disagree unless you can prove someone higher up ordered the driver to break DOT rules. If supervisors told drivers to fudge the rules. Then yes, the driver and the supervisor needs to be held accountable.

    People need to take responsibility for their actions. Start with the driver. Even if a supervisor stated to the driver your on for 24+, the driver should have said, no way.
    Someone else should know who is driving on their behalf and how competent the driver is to get behind the wheel of a car. I would say the same thing if an airline was scheduling pilots for flights without knowing the pilots' schedule of the last few weeks.

    I'm not attempting to prove anything. If there was a dispatcher who knew he was driving for 24 hours without a break, it was up to that person to at least try to stop it.

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    Re: Prosecutor: Trucker in Tracy Morgan crash hadn't slept

    Quote Originally Posted by Superfly View Post
    This surprises me. My daughter is a dedicated driver now in the Southeast, but used to drive OTR. Her company is extremely strict on allowing them when to drive and when not to drive. They have only a certain amount of hours per day to drive, per DOT regulations. All logs are electronic now, so it's a lot harder to fudge. Also, she told me that Walmart is very, very strict on it's drivers.

    A lot of unanswered questions, but the news is definitely saying that lack of sleep was the issue for the driver.
    I can't see Wal-Mart allowing a driver to outlaw his logbook, either.
    Quote Originally Posted by Top Cat View Post
    At least Bill saved his transgressions for grown women. Not suggesting what he did was OK. But he didn't chase 14 year olds.

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    Re: Prosecutor: Trucker in Tracy Morgan crash hadn't slept

    Quote Originally Posted by AJiveMan View Post
    Too early in the investigatory process, but it will come out if the dispatcher knew the driver was past the hours of service limitations, and if so, both the driver & WM will be held accountable and a head or two might roll at Walmart Transport LLC.

    I did a brief search of Walmart Transportation LLC, and they have a pretty good equipment and driver safety record.

    Walmart Transportation Llc USDOT# 63585 - Bentonville,Arkansas Trucking Company
    I would think Walmart is probably in the top 5 in terms of safety requirements for their fleet and their drivers.

    If the disptacher knew something, he/she should have to answer for it too.

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