Summary:
A St. Louis jury awarded $462 million in damages against Wabash National Corp., a trailer manufacturer, for its role in the deaths of two men who died in a 2019 crash when their car went underneath a Wabash trailer. The jury determined that Wabash failed to install safer trailers for over 30 years. Wabash is reviewing its legal options and argues that the trailer met all existing safety standards at the time of manufacturing.

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A St. Louis jury has ruled that Wabash National Corp., a trailer manufacturer, must pay $462 million in damages related to a 2019 crash that resulted in the deaths of two men, Taron Tailor and Nicholas Perkins. The crash occurred when their car collided with the rear of a Wabash-manufactured trailer, and the rear impact guard failed, allowing the car to slide under the trailer. Each family received $6 million in compensatory damages, and an additional $450 million was awarded in punitive damages, which the plaintiffs argue represents the amount Wabash saved by not upgrading to safer trailer designs over three decades.

Wabash National, headquartered in Lafayette, Indiana, responded to the verdict by stating that the trailer involved in the crash was manufactured in 2004 and met all regulatory standards at the time. They disagree with the jury’s decision, arguing that no existing rear impact guard or safety technology would have changed the outcome of the crash. Wabash also pointed out that evidence, including the fact that the driver’s blood alcohol level was above the legal limit and that neither the driver nor the passenger was wearing seat belts, was not presented to the jury.

The case has drawn attention to the broader issue of underride crashes, where a smaller vehicle slides under a truck or trailer, often resulting in severe injuries or fatalities. The plaintiff’s legal team argued that Wabash never conducted effective crash tests on their two-post impact guards and chose not to upgrade to safer, modern four-post designs to save money. They also criticized the existing federal safety standards for underride guards as inadequate and outdated.

This verdict could have significant implications for the trucking industry, which has historically resisted stricter regulations on impact guards. Advocates for crash victims are hopeful that the ruling will prompt federal regulators to enforce more robust safety standards for underride guards, which they argue are necessary to protect road users.

Wabash is currently evaluating its legal options and maintains confidence in the safety and quality of its products. The company has stated that this ruling will not deter them from continuing to provide trailers that contribute to road safety.

How This Affects You: Truck Drivers

If you’re a truck driver, this case highlights the importance of trailer safety and the ongoing discussions around underride guards. The ruling against Wabash could lead to stricter regulations for trailer manufacturers, including potential updates to the requirements for underride guards on trailers. As a driver, this could impact the type of equipment you use, and it may also increase the safety measures on the roads.

For those in the industry, staying informed about changes in safety regulations and equipment standards is crucial. Upgraded underride guards could prevent tragic accidents and improve overall road safety for all drivers. As discussions around trailer safety continue, it’s important for truck drivers and companies to prioritize compliance with the latest safety standards to minimize risks and liabilities.

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A recent final rule from the U.S. Department of Labor expanding overtime protections for millions of workers excludes truck drivers. Nevertheless, the Owner-Operator Independent Drivers Association (OOIDA) is actively supporting a legislative proposal aimed at eliminating a longstanding overtime exemption for motor carriers.

Published on April 23, the final rule raises the salary threshold for exempting salaried employees from overtime compensation. Initially set at $35,568, this threshold will climb to $43,888 by July 1 and further to $58,656 by Jan. 1, 2025.

Beginning in 2027, the threshold will be adjusted every three years based on relevant wage data. These adjustments are expected to impact approximately 4 million workers, necessitating businesses to either meet the threshold or compensate employees for overtime hours beyond the standard 40-hour work week.

The Wage and Hour Division of the DOL proposed these changes last September, undergoing scrutiny through over 33,000 public comments before its official finalization.

“This rule will restore the promise to workers that if you work more than 40 hours in a week, you should be paid more for that time,” said Julie Su, the Department of Labor’s acting secretary. “Too often, lower-paid salaried workers are doing the same job as their hourly counterparts but are spending more time away from their families for no additional pay. That is unacceptable. The Biden-Harris administration is following through on our promise to raise the bar for workers who help lay the foundation for our economic prosperity.”

OOIDA submitted comments in November urging the administration to amend the Fair Labor Standards Act of 1938 to ensure that employee truck drivers are eligible for overtime pay. Currently, the FLSA exempts motor carriers from paying their truck drivers time-and-a-half for hours exceeding 40 in a week.

“The FLSA motor carrier exemption was originally enacted in 1938 to prevent truckers from working excessive hours but now prevents them from receiving adequate compensation in the modern trucking industry,” OOIDA wrote. “Ironically, this exemption is now part of the reason why drivers regularly work more than 40 hours a week.”

Despite truck drivers being excluded from the final rule, OOIDA played a role in crafting the Guaranteeing Overtime for Truckers Act. This legislative proposal, introduced in both the House and Senate, seeks to eliminate the overtime exemption for motor carriers.

“While denying guaranteed overtime pay is first and foremost unfair to truckers, the motor carrier exemption also contributes to supply chain inefficiency,” OOIDA wrote. “For far too long, the trucking industry has generally only offered compensation for detention time if waiting times exceed two hours. But even this pay is not provided to all drivers. As a result, entities throughout the supply chain, including shippers, receivers and others, lack a financial incentive to load and unload trucks in an efficient manner.”

Representative Jeff Van Drew, R-N.J., who introduced the bipartisan bill in the House, emphasizes its commitment to fairness.

“Let’s be fair,” Van Drew said. “Truckers are breaking their backs. They sincerely are what makes America move. Our country would be in a whole lot of trouble if we didn’t have truckers working for us every single day. When people don’t work hard, that’s up to them, and maybe they don’t deserve to make a lot of money. But truckers do, and they deserve to be treated fairly and make a decent income.”

OOIDA is actively encouraging its members to rally support for the bills by reaching out to their lawmakers through OOIDA’s Fighting For Truckers website.

Source: Land Line

Recent legislation introduced in the House of Representatives is aiming to address the lack of access to restrooms for commercial drivers on the job. The bipartisan Trucker Bathroom Access Act, supported by key stakeholders, aims to ensure basic necessities for drivers. Representatives Troy Nehls (R-Texas) and Chrissy Houlahan (D-Pa.) are spearheading this initiative, responding to an industry-wide concern.

“I am proud to reintroduce legislation that supports our nation’s truckers,” Nehls said June 6. “Due to the COVID-19 pandemic, facilities across the country have shut down their bathrooms, which have caused essential employees, like our truckers, not to have access to use the restroom at work. Truckers are this nation’s backbone, and we owe them for the tireless contributions they continue to make to keep our country moving.

“I am glad to once again partner with Rep. Houlahan on this common-sense legislation to allow our nation’s truckers access to bathrooms while they are transporting goods on the road.”

Truck drivers make our economy run smoothly, but recruitment and retention pose constant challenges. According to Houlahan, addressing these obstacles is crucial for keeping our economy on track.

“One unique and unnecessary challenge these drivers face is lack of restroom access at delivery points while on the road. This is especially difficult for female drivers, which are a growing demographic of truckers who helped power our economic recovery from the pandemic,” she said.

“I’m proud to reintroduce this bipartisan legislation to ensure every truck driver has the certainty that a restroom is accessible as they do their jobs. There’s no reason truckers shouldn’t have the same rights that other employees experience in their own workplaces,” she added.

The bill would require businesses to provide restroom access for truck drivers that is comparable to what customers and employees have. This new bill is being supported by groups like the American Trucking Associations and has been referred to a committee for further consideration.

“Truck drivers are the heartbeat of our economy and critical to supply chain continuity,” ATA President Chris Spear said. “When they stop to make pickups or deliveries — which can take hours on end while the truck waits to be loaded or unloaded — drivers should have access to restroom facilities. Such basic accommodations are more than just common courtesy; this is about ensuring the dignity of drivers and supporting the men and women who do the heavy lifting to provide for everyone in this country. It can also help reduce a major barrier to retaining and recruiting more truck drivers, particularly women, at a time when they are desperately needed.”

Spear added, “ATA appreciates the leadership of Reps. Nehls and Houlahan in addressing this challenge faced by professional truck drivers, and we look forward to working with them to ensure that drivers’ most basic needs are met while they do the important work of delivering the nation’s goods.”

“Over 70% of America’s freight is exclusively carried by trucks, yet every single day, men and women truck drivers are forced to ‘hold it’ because they aren’t allowed access to the restroom when picking up or delivering freight,” said Todd Spencer, CEO of the Owner-Operator Independent Drivers Association. “OOIDA and our 150,000 members thank Reps. Nehls and Houlahan for showing tremendous leadership on this issue, and we look forward to working with them and our coalition partners to get this common-sense, bipartisan legislation signed into law.”

Source: Transport Topics