FMCSA Looking into Reincarnated Carriers

Prior results do not guarantee a similar outcome.

Trucking accidents cause some of the most serious injuries on New York highways. While these fatal accidents seemingly have declined over time, the amount of truck accidents still remains concerning for state and federal officials. Finding a way to make roadways safer for all motorists has been a major concern for many years.

In 2010, the Federal Motor Carrier Safety Administration announced CSA 2010, a comprehensive safety plan designed to help reduce the amount of serious truck accidents happening in the United States. CSA 2010 developed a ratings system for both drivers and employers. Repeat safety violations could result in sanctions, and, if too many violations occurred, trucking companies could be ordered out of service.

Unfortunately, this was often not enough to keep unsafe trucks off of the roads. Many companies would simply shut their doors, and start up again under a different name. These so-called "reincarnated carriers" were tough for the FMSCA to regulate, and often, little could be done to tie old penalties to the new carriers.

Recently, the agency announced a new rule that would make it easier to ensure that unsafe companies remain out of service. If a carrier ordered out of service goes out of business, the FMSCA will be able to examine the new entity to determine if it is simply a reincarnated carrier. Trucking and busing companies will also have the opportunity to have a hearing to discuss their status with the agency.

It is hoped that this will reduce the number of companies that do not adhere to penalties put in place by the FMSCA. By making it more difficult for companies to simply start over, the agency hopes to ensure that unsafe drivers and companies are kept off of the roads until the required changes are made.

If you have been injured in a trucking accident, contact an experienced personal injury attorney in your area to understand the options that will be available to you. Do not simply settle your case with an insurance company without knowing the extent of your injuries. Each case will be different, and it is important to know the long-term effects of any injuries that you may have suffered.