Concerns Over Trucking Licenses and Safety
Since President Trump took office, the Department of Transportation has annulled around 30,000 commercial trucking licenses that were improperly issued to foreign drivers. This figure likely represents just a fraction of the problem, as many unqualified truckers continue to drive on American roads with massive vehicles that weigh 40,000 pounds.
Tragically, innocent drivers have already suffered significant consequences. Federal estimates suggest that at least 239 individuals have lost their lives in accidents involving truck drivers who lacked adequate English proficiency to pass basic tests.
Recently, the Trump administration closed down 110 driving schools responsible for training more than 5,000 drivers, citing failures in meeting essential English language requirements. One particular school certified a driver who subsequently caused a fatal accident by running a stop sign. Another driver trained at a different school was involved in a deadly crash in Oklahoma.
Among the heart-wrenching stories from this issue is that of Dalilah Coleman. At just five years old, she was struck by an illegal immigrant driving a truck with a falsely issued California license who collided with her family’s stationary car. Two years later, she is still working to regain the ability to walk.
While trucking associations acknowledge the serious issues posed by rogue operators, they are also pushing Congress to limit access to an important recourse for victims. They are targeting “third-party litigation funding,” which helps finance lawsuits in exchange for a share of any settlements obtained. This funding enables crash victims, or their families, to manage the often lengthy legal battles necessary to seek justice.
The trucking industry claims that third-party funding can lead to excessive litigation and prolonged court cases. However, for those injured and dealing with mounting medical bills, external support can provide the necessary resources to pursue a legitimate claim instead of accepting often inadequate settlements due to financial hardship.
A serious accident can radically alter a family’s financial landscape. An injured victim may find themselves unable to work while being bombarded with medical expenses. In contrast, trucking companies benefit from powerful insurance firms and legal teams adept at dragging out legal proceedings for years.
Third-party funding allows victims to continue pursuing their cases. Without it, many may feel pressured to accept low settlements due to urgent financial needs.
The trucking industry’s lobbying efforts have resulted in proposed legislation that would impose strict new restrictions on litigation funding. The American Trucking Association argues that such measures are essential to combat what they refer to as “nuclear verdicts”—excessive damages awarded by upset juries to families affected by negligent truckers.
Yet, a large award isn’t inherently unjust. There’s a significant difference between unavoidable accidents and crashes resulting from negligence, as seen when companies ignore fraudulent documentation and allow individuals with minimal qualifications to operate large trucks. Research indicates that “pre-crash negligence,” like poor hiring practices, can boost jury awards by nearly 300 percent.
High jury awards send a clear message to trucking companies and their insurers: rectify the issues or face severe financial consequences.
Fortunately, the Trump administration has increased enforcement against companies and drivers violating safety laws. During a recent three-day operation nationwide, authorities detained 51 undocumented immigrants and removed 766 unsafe drivers and vehicles from the roads.
While the trucking industry has publicly supported the government’s efforts to tackle non-compliance, it simultaneously seeks to make it harder for victims’ families to pursue legal actions against those in the wrong.
For the trucking sector to genuinely call for accountability from Washington, it should endorse measures addressing both sides of the problem. This entails cracking down on fraudulent licenses and unsafe drivers while ensuring that families harmed by reckless companies have real opportunities to seek justice in court.
