The FMCSA Is Being Asked to Rate “Unrated” Trucking Companies

Trucking companies are once again trying to get out of being held accountable for something that they can and should be doing. The reason that trucking companies are trying to do this is because they do not want to be considered responsible when their vehicles or drivers cause catastrophic accidents or damage. Instead, their goal is to blame their own faults on government agencies while they walk away scot-free.

What is the newest scheme being pushed by trucking companies?

According to an article published by FreightWaves, trucking companies are trying to push the Federal Motor Carrier Safety Administration (FMCSA) to rate carriers that are currently unrated. The article points out the fact that more than 90 percent of the freight market does not have a rating.

This issue emerged when the FMCSA started looking at ways to “verify when a motor carrier is fit to operate trucks in interstate commerce.” In August 2023, they asked for advice from the public regarding a new system as well as how to make their current safety fitness determination (SFD) rating method better.

The FMCSA’s findings indicated that there is a huge issue with freight carriers operating trucks without ratings. In 2021, there were 646,777 out of 690,091 interstate freight trucks that did not have a rating, which was close to 94 percent.

In order to get a passing rating, the FMCSA looks at six different components, which includes any violations against the hours-of-service regulation as well as how many crashes the carrier has been involved in. After this information is determined, they will either receive an unsatisfactory, conditional, or satisfactory rating. However, the FMCSA admits that there are ways to get around the system. For instance, truck carriers that receive a conditional rating can still operate their trucks. This means that even if a trucking company received a conditional rating because several of its trucks have not been properly maintained or taken care of, they can still operate these trucks as long as they received a conditional rating instead of an unsatisfactory rating.

The FMCSA also mentions that their agency is understaffed and can only provide ratings to certain carriers. Many carriers are operating while unrated, and the federal agency is aware of this. As a result, there are likely a lot of semi-trucks that have safety issues driving on various highways, interstates, and local roadways, putting themselves, other drivers, and even pedestrians at risk of a dangerous accident.

The Alliance for Driver Safety & Security’s managing director, Lane Kidd, stated that “a system that rates less than 10% of the eligible population is unacceptable.” Trucking companies, safety advocates, and shipping companies have come to the agreement that the system currently being used by the FMCSA is faulty and needs some major improvements. However, they each had different opinions on how to improve the rating system.

Instead of the trucking companies making this simpler and quicker for the FMCSA by rating their own trucks, their idea is to push the government agency to evaluate trucking carriers and drivers. Although they are trying to make this seem like the best approach possible, their motives behind this push say otherwise. For example, if one of their trucks is involved in a devastating pileup accident on a highway, the trucking companies want to be able to blame the government for their failure to properly rate the trucks. Overall, this gives trucking companies the opportunity to blame the government even if it was their fault for hiring a trucker who lacked experience or even if it was the trucker who made a mistake while driving.

How to know when a trucking company is responsible for your Richmond truck accident

Victims of truck accidents are often confused about who is responsible for their truck accident. There are two very likely options, which are the trucking company or the truck driver. The good news is that your Richmond truck accident lawyer will conduct an investigation to help you determine liability.

However, it is important to know that if the truck driver was employed by a trucking company at the time of your accident, there is a good chance that the trucking company is at least partially responsible for the losses you suffered. This is because they are most likely responsible for their employees’ behaviors and actions while driving or operating their trucks. Here are a few factors that our attorneys will be looking for that may indicate that the trucking company is responsible for your accident:

• Hiring an unqualified, inexperienced, or unlicensed driver
• Failing to properly train a driver
• Failing to thoroughly inspect, maintain, and keep trucks up to date
• Encouraging drivers to violate certain rules or regulations, such as the hours of service regulation
• Encouraging reckless and dangerous behaviors, such as taking medications to stay awake or giving incentives for making it to the delivery location on time
• Hiring drivers who have certain driving violations on their driving record

The FMCSA regulation 49 C.F.R. 390.5 explains that every truck driver, including independent contractors, are considered to be employees of trucking companies. Therefore, from the time that a truck driver or independent contractor starts operating a truck until the time they stop, they are a truck company employee. This means that the trucking company can be held liable for the negligent behaviors and actions of the truck driver during the duration of their shift.

If you have recently been involved in a truck accident and believe that it may be the trucking company’s fault, please reach out to a Richmond truck accident attorney from Phelan Petty Injury Lawyers as soon as you can. These types of accidents are known to be one of the most catastrophic and devastating accidents that a person can experience. Therefore, while you concentrate on your healing journey, we will handle the complexities of your truck accident case.

Our team has worked hard to build a solid reputation around our community and ensure that all our clients feel seen and heard when they walk through our office, which is why we were recently given a spot on Best Lawyers in America. If you want a firm that will work endlessly to determine who is responsible for your accident and ensure that they are held accountable, contact Phelan Petty Injury Lawyers. We offer free, no-obligation consultations to truck accident victims throughout Virginia. Call our office or submit our contact form today.