What Is the Federal Highway Safety Administration Imminent Hazard Designation?December 30, 2020 | Category: Truck Accidents | Share
A Fort Myers truck accident attorney said that on Monday, October 26, 2020, the U.S. Department of Transportation’s Federal Motor Carrier Safety Administration (FMCSA) declared a New Jersey-licensed commercial truck driver to be an imminent hazard to public safety. The New Jersey Motor Vehicle Commission subsequently disqualified the truck driver from operating any commercial motor vehicle for which a commercial driver’s license (CDL) is required.
In the FMCSA’s “imminent hazard out-of-service order” it stated that the truck driver’s “blatant and egregious violations of the [federal safety regulations] and ongoing and repeated disregard for the safety of the motoring public … substantially increases the likelihood of serious injury or death to you and the motoring public.”
The “imminent hazard” designation was given to the truck driver who was traveling westbound in a tractor-trailer on Interstate 90 in New York when he made an illegal U-turn and was struck by an eastbound passenger vehicle; both occupants of the passenger vehicle were tragically killed. The truck driver did not stop but subsequently completed the illegal U-turn and fled the scene. The New York State Police later arrested the truck driver, and he was charged with two counts of manslaughter and one count of leaving the scene of a fatal crash.
Randall Spivey, Fort Myers truck accident attorney says, “an ‘imminent hazard’ is defined as the existence of a condition that presents a substantial likelihood that death, serious illness, severe personal injury, or substantial endangerment to health, property, or the environment may occur before a notice of investigation proceeding or other administrative hearing.”
Commercial trucking companies are required to hire and train qualified drivers who comply with all regulations of the Federal Motor Carrier Safety Administration (FMCSA) and other laws. When trucking companies fail to do so, they may be held responsible for past, present, and future medical expenses, lost wages, pain and suffering, and a loss of companionship.
“If you or a loved one is injured in a truck accident, please contact our Fort Myers truck accident legal team after seeking medical attention. Our Fort Myers truck accident attorneys consult with the best trucking experts in the state of Florida in order to determine how an accident occurred and how it could have been avoided. We represent people involved in numerous types of personal injury and wrongful death accidents throughout the state of Florida. All of our clients have unique personal injury cases. Our firm provides personal contact and communication along with aggressive representation. There are no costs or attorney fees until we receive a monetary recovery for you, and we are available 24/7 to assist you,” said Fort Myers Truck Accident Attorney Spivey.
Fort Myers Truck Accident Attorney Randall L. Spivey is a Board Certified Trial Attorney – the highest recognition for competence bestowed by the Florida Bar and a distinction earned by just one percent (1%) of Florida attorneys. He has handled over 2,000 personal injury and wrongful death cases throughout Florida. For a free and confidential consultation to discuss your legal rights, contact Spivey Law Firm, Personal Injury Attorneys, P.A., in Lee County at 239.337.7483 or toll-free at 1.888.477.4839, or by email to Randall@SpiveyLaw.com. Visit SpiveyLaw.com for more information. You can contact Spivey Law Firm, Personal Injury Attorneys, P.A. in Charlotte County at 941.764.7748 and in Collier County at 239.793.7748.