DiLorenzo & Rush | Counselors of Law
Stepping Up & Standing Out

Local trucker deemed Imminent Hazard by FMCS

On Behalf of | Nov 25, 2020 | Motor Vehicle Accidents

Back in September, our readers may have ready about a fatal truck accident that was caused by the negligence of a local truck driver. Now, that driver has been labeled as an Imminent Hazard by the U.S. Department of Transportation’s Federal Motor Carrier Safety Administration.

The basis of the Imminent Hazard designation

On Sept. 4 of this year, the New Jersey truck driver was driving westbound on Interstate 90 in Monroe County, New York. For whatever reason, he decided to make an illegal U-turn. As a result, an eastbound car collided with the truck, killing both the driver and passenger. Then, the driver stopped trying to do the illegal U-turn and fled the scene.

Soon after the motor vehicle accident, New York State Police Officers arrested the driver. He was charged with one count of leaving the scene of a fatal crash and two counts of manslaughter.

The FMCSA

The FMCSA is the federal agency that regulates and oversees the commercial motor vehicle industry. Their mission is to reduce fatalities, injuries and accidents that involve commercial vehicles, like trucks and busses.

The Imminent Hazard designation

The FMCSA declared the New Jersey-licensed commercial driver as an imminent hazard to public safety, stating that his 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. This designation was made in consultation with the New Jersey Motor Vehicle Commission.

Consequences for the truck driver

As a result of the designation, the local is now disqualified from operating any commercial motor vehicle, but only those that require a commercial driver’s license. The New Jersey-licensed commercial driver may also face liability from the U.S. Attorney’s Office for equitable relief and punitive damages. Federal civil penalties up to $1,848 can be imposed for every violation, and he may also face criminal penalties.

What about accident victims?

For those Hackensack, New Jersey, resident affected by negligent truck accident, they have options outside of those federal agencies. This includes suing in a personal injury lawsuit.