Truck Driver Labor and Personal Injury Attorneys in Bellingham
Bellingham, the county seat of Whatcom county, is traditionally centered on fishing, agriculture, and timber. Its agricultural activities primarily involve dairy and berry farming. The size and number of its farms have declined over the years, but production has steadily increased. Although these sectors remain vital to Bellingham, the city’s economy has strengthened other industries to keep up with the changing times.
Manufacturing is one of Bellingham’s stronger industries. Aluminum smelting, aircraft interiors, wood products, and transportation equipment provide a stable economic base. But local officials realized that the city’s dependence on resource-related industries makes them susceptible to economic downturns. This realization led to the development of service-oriented businesses.
The biggest employers in the city is higher education and medical services, providing over 85,700 jobs. Hospitals, residential and nursing care, social assistance, and ambulatory clinics employ over 7,000 residents in the county.
To support these segments of the economy, Bellingham improved its supply chain. The logistics sector ensures that all these industries continue to move and interact, helping maintain the city’s economic status.
However, the trucking industry, a major player in logistics, is facing a crisis. Most truck drivers struggle with unreasonably long service hours and unfair compensation. This discourages other people from joining the trucking industry, creating a massive driver shortage.
Wage and Hour Injustice
Fleet managers decide how their drivers should be compensated. They choose between a per-load, per-percentage-of-load,or per-mile pay structure. These wage systems are legal, but they don’t have the drivers’ best interest at heart, often depriving truckers of their rightful compensation.
A quota- or distance-based pay system doesn’t account for all the hours truck drivers spend at work. Being stuck in traffic, waiting in docks and warehouses, meal times, rest periods, trainings, vehicle inspections – these are all still part of drivers’ jobs. But they don’t get paid for these.
Apart from state law, federal rules are also in place to protect the rights and well-being of truck drivers. The Federal Motor Carrier Safety Administration (FMCSA) established the Hours of Service law to ensure that the work hours of truckers don’t compromise their health.
Hours of Service
According to the Hours of Service rule, truck drivers can’t work more than a total of 60 hours in a period of seven days. A typical workday consists of 14 payable hours, but they can only work this shift if it follows a 10-hour off duty. In those 14 hours, truckers carrying goods can only drive a maximum of 11 hours. The remaining three hours is dedicated to non-driving duties, including huddles, trainings, vehicle inspection, and others.
Truckers can work a 16-hour shift if they will begin and end in the same terminal. However, driving time is still limited to 11 hours. Also, a 16-hour shift is only doable once in a 168-hour week.
The 168-hour week restarts after a period of a 34-hour off-duty.
The Hours of Service law also regulates mealtimes and rest breaks.
Mealtimes and Rest Breaks
Hours of Service entitles truck drivers to a 30-minute break by the eighth hour of their duty. Also, they can’t extend a 14-hour shift by breaking it first with a meal, fuel stop, or a similar break.
Apart from Hours of Service, the state of Washington has its set of laws for meal breaks. Employees have the right to a 30-minute meal break for every five hours of work. They can take this break anytime between the second and fifth hour of their shift.
Employees get a separate dedicated rest period of 10 minutes for every four hours of work.
Despite all the laws in place, some fleet managers may find ways to bypass these rules – usually by using a per-mile or per-load pay structure. In these wage systems, drivers lose hours to unpaid labor, which is valuable time they can’t get back. To make up for lost time, truckers push themselves to make deliveries.They work longer hours, skip breaks, and some may even overspeed just to meet deadlines.
As a result, the unjust wage systems not only divest truckers of the compensation they deserve, these also pose safety and health risks for drivers.
Work-Related Personal Injury
Both federal and state laws dictate that trucking and freight companies must never jeopardize the well-being of their drivers for any reason. And yet, trucking remains one of the most hazardous industries, according to the Occupational Safety and Health Administration (OSHA). Heavy truck and semi-trailer drivers have the highest rate of illnesses and non-fatal injuries.
The unjust pay systems and unforgiving work conditions may force truck drivers to sacrifice their well-being and safety for their jobs. Sometimes, even their mental health. A good portion of commercial truck accidents are caused by overfatigued or sleep-deprived drivers. In such cases, the trucker isn’t entirely to blame. The employer may also be held liable for the resulting incident.
For example, a fleet manager chooses to send a driver out despite knowing that the vehicle is not in good condition. This puts not only the trucker at risk, but endangers other motorists and pedestrians as well. An employer decided to dispatch the driver even with the knowledge that it’s unsafe, which is why it’s an act of negligence.
As a truck driver, you reserve the following rights under the Surface Transportation Assistance Act to protect yourself against safety violations.
- Cannot be compelled to violate the Hours of Service rules
- Cannot be compelled to violate speed limits
- Can refuse to drive while suffering from an illness or fatigue
- Can refuse to operate a vehicle that is defective, unsafe, unchecked, or overloaded
- Can refuse to drive under inclement weather
- File an official complaint with the U.S. Department of Transportation about such violations
Apart from the right to refuse to drive and making an official complaint, you also can file a personal injury claim against your employer if you get into a road accident due to their negligence. And our lawyers at Bellingham are here to guide you throughout your case.
Aggressive Representation for Bellingham Truck Drivers
Our mission at Truck Driver Rights is to empower every trucker in Washington to seek justice from employers who undermine their safety and rights. We protect your rights as a trucker but also uphold Bellingham’s economic progress.
If you or your coworkers suffered safety or wage violations, don’t be afraid to stand up for your rights. Our experienced lawyers in Bellingham will work with you to strengthen your claim. We’ll work tirelessly until you receive the compensation you deserve. We handle cases involving compensation rights violations and work-related personal injuries.
Having worked multiple times with truck drivers in the state, our experience and knowledge will give your case an edge.
(This is an attorney advertisement by Joshua Haffner)