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Trucker Faulted In Fatal Accident

truckIn a move that’s sure to lead to even more scrutiny on commercial operator safety records, a preliminary report found that a semi-truck driver was responsible for a fiery 2014 crash that killed 10 people.

After a year-long investigation, the CHP concluded that 32-year-old Tim Evans crossed a median and slammed his FedEx truck head-on into a tour bus, apparently without braking or steering. Officials seemed to discount earlier speculation that Mr. Evans fell asleep or was fatigued, noting that he was an on-call driver who was finishing an eight-hour shift after having slept between eight and ten hours the previous night. The driver’s body was so badly burned that investigators could not perform chemical tests for drugs and alcohol.

A California court recently held that FedEx drivers are employees and not independent contractors, so the Memphis-based shipping giant could be on the hook for tens of millions in damages. A $100 million lawsuit is already pending.

BASIC Score

The most important metric in determining a trucker’s safety record is a Behavior Analysis and Safety Improvement Categories score. The government harvests data concerning:

  • Fatigued driving,
  • Unsafe operating and driver fitness,
  • Vehicle maintenance,
  • Substance abuse, and
  • Safety violations.

Most of the data comes from law enforcement sources, so it may be inaccurate. If a trucker gets a traffic ticket in Mojave because of a safety violation, and the judge later dismisses the ticket, the infraction may still show up on a BASIC score.

Violations are also supposed to fall off a report after a certain amount of time, depending on the type of infraction. Sometimes they do, and sometimes they don’t.

An attorney can review your BASIC score to keep it as low as possible which minimizes your risk and your insurance rates while maximizing your attractiveness to potential employers and clients.

Commercial truckers are under intense scrutiny. You need an experienced traffic attorney working to protect your record.

Getting Legal Help

The aggressive attorneys at Bigger & Harman, APC, are committed to giving individuals a voice when dealing with speeding and traffic tickets. Call today at 661-349-9300 or email attorney@markbigger.com to receive the personal professional attention you deserve. En español, llame al 661-349-9755.