INDIANA TRUCKING COMPANY FOUND TO BE IMMINENT HAZARD

February 17, 2012, by Jeffrey J. Kroll

The Federal Motor Carrier Safety Administration (FMCSA) recently declared U & D Service, Inc. of Indianapolis, Indiana, an imminent hazard and ordered it to immediately cease all operations for violating numerous federal commercial driver's license (CDL) and English proficiency requirements.

FMCSA conducted an extensive review of the company's operations and found "the company was using drivers who did not possess valid CDLs, or read and speak the English language sufficiently to safely operate a commercial vehicle on our nation's roads." According to a FMCSA press release it may take further "enforcement action against the non-CDL-holding drivers, including civil penalties and/or driver disqualifications." A copy of the imminent hazard out-of-service order can be viewed at FMCSA's website.

U & D Service, Inc. is a motor carrier engaged in interstate commerce and is therefore subject to the Federal Motor Carrier Safety Regulations ("FMCSRs"), 49 C.F.R. Parts 350-399, as well as the Orders of the United States Department of Transportation and FMCSA. (See 49 U.S.C. §§ 506, 507, 13501,31133 and 31136). At all times, U & D Service, Inc. was required to comply, and to ensure its drivers complied, with the FMCSRs. 49 C.F.R. § 390.11. The term "interstate commerce" means that U & D Service, Inc. engaged in trade, traffic or transportation that took its operators out of the state of Indiana. As a result, drivers in many States, including Illinois, may have been put at risk by U & D Service, Inc.'s hazardous behavior.

Per federal law, commercial and semi-truck drivers must have a valid commercial driver's license, and meet specific standards of English proficiency so that they can operate safely on roads throughout the United States.

Victims and their families may sue a truck driver and/or the commercial trucking company for damages, including pain and suffering, medical costs, loss of income, disability and disfigurement. Cases involving trucking accidents are often very complex; therefore, victims and their families should contact an experienced trucking accident attorney http://www.kroll-lawfirm.com/ before making any serious decisions. There are many factors that may contribute to accidents with semi trucks and tractor-trailers, including driver fatigue, unqualified drivers, under-ride problems, speeding and missed inspections.

Those injured in a trucking incident must hire a trucking accident attorney who is familiar with litigating trucking cases -- one with proven results, experienced at choosing the right experts, and with knowledge of this area of the law. Jeffrey J. Kroll has lectured on the topic of fatigued truck drivers. He addressed The Association of Plaintiff Interstate Trucking Lawyers of American (APITLA) and presented his paper, "Deposing the Fatigued Trucker,” in Las Vegas, Nevada, in 2009.

At the Law Offices of Jeffrey J. Kroll we have experience securing monetary damages for victims of trucking accidents and rear-end car accidents. Our Chicago personal injury and accident attorneys have won many multimillion-dollar settlements for crash victims, such as a $2.8 million settlement for a 22-year-old female college student from Yorkville, Illinois, who was rear ended by a Jewel Foods truck and killed in central Illinois' Kendall County; a $1.75 million settlement for a 61-year-old man who was rear-ended and killed while stopped at a red light by a vehicle owned by Pepsi Co; and a $15.5 million dollar settlement for a 64-year-old man who was killed and a 62-year-old woman who suffered below-the-knee leg amputation, fractured ribs and several broken leg and arm bones when they were victims of a multi-vehicle pile-up on an interstate involving several commercial trucks who were allegedly driving too fast under adverse conditions.

If you or a loved one suffered an injury as a result of a trucking accident, you may be entitled to compensation for your medical expenses, future medical expenses, lost wages, pain and suffering, disability and disfigurement. The trucking injury and death attorneys at the Law Offices of Jeffrey J. Kroll have the experience and expertise to handle your case and obtain the maximum amount of money you deserve. Contact us at (312) 676-7222, or fill out our contact form to set up a personal consultation.