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IL defense lawyerBeing a commercial truck driver can come with some serious potential complications and risks. Commercial truck drivers are asked to drive day and night, through inclement weather, in vehicles that can weigh up to 30 times as much as standard motor vehicle collisions. Recognizing the inherent risks of commercial truck driving, it should come as no surprise that law enforcement officials are on the lookout for drivers violating commercial trucking laws. Unfortunately, many truck drivers are pressured by their employers to violate these mandates. If you have been charged with a CDL violation, it is time to seek out the assistance of a knowledgeable legal professional.

Experiencing Employer Pressure and Negligence in the Trucking Industry

While many CDL violations, such as driving under the influence of drugs or alcohol and reckless driving, are directly the fault of the driver, many other violations can be caused by employer negligence or recklessness. Unfortunately, it is not uncommon for commercial trucking companies to pressure their employees into acting negligently, in order to expedite the shipping process. One common example of this is companies asking their drivers to falsify their driving logs in order to drive for more consecutive hours than is legally allowed. Falsifying an electronic driving device can potentially result in a CDL suspension or permanent revocation, as well as possible jail time.

In other instances, employers will overload a vehicle’s cargo. If you are aware of the overweight vehicle and were pressured to avoid weigh-in stations, you should alert your attorney right away. If you were unaware that the vehicle was overweight, your attorney can work to prove that you were not acting in a negligent manner. Other examples of employer negligence include pressuring a driver to drive on high-grade roads that would violate grade restrictions and providing a driver with an improperly maintained vehicle.

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Posted on in Traffic Violations

Il defense lawyerCommercial Driver’s Licenses (CDL) are not easy to come by. Drivers must pass a federal background check, submit medical forms, and pass state sanctioned skill and knowledge tests prior to obtaining their CDL. Keeping a CDL for a long period of time can be even more challenging, due to the strict punishments handed down for a CDL violation. Every single year upwards of 70,000 commercial truck drivers are charged with speeding alone, even a violation such as speeding can result in a CDL disqualification. In some cases though, a CDL violation is the fault of the employer. If you have been charged with a CDL violation, seek out legal assistance.

Employer Oversight Resulting in a Violation

There are a number of CDL violations that are solely the fault of the vehicle operator. A driver’s CDL can be disqualified for reckless driving, operating a commercial motor vehicle with a blood alcohol content over 0.04, and aggravated speeding. In other instances, a driver can receive a CDL violation due to employer oversight.

The Federal Motor Carrier Safety Administration (FMCSA) enforces trucking rules and regulations written in Title 49 of Code of Federal Regulations. Many of these regulations have little to do with the driver’s operation of the vehicle, and rather the company’s procedure. For instance, commercial truck drivers are only allowed to operate a vehicle for 14 consecutive hours, and a maximum of 11 hours per day. In many cases, a driver that is sanctioned for violating their hours limit is only doing so due to pressures set by their employer. Similarly, a driver can be sanctioned for driving an overweight truck, but either was misinformed on the weight of the cargo or was pressured by their employer to load additional cargo onto the truck. If a truck’s cargo is improperly or unsafely loaded, the driver could face consequences. In many cases though, the truck driver may have not been present during the time of loading.

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IL CDL attorneyCommercial truck drivers are held to incredibly high standards. Every single action they take is heavily monitored and scrutinized, and for good reason. Considering the size and braking capabilities of the vast majority of commercial trucks, ensuring the safety of other travelers can only be possible through the strict enforcement of regulatory standards. A CDL violation can come with life-changing ramifications. If you have been charged with a CDL violation, it is time to seek out the assistance of a knowledgeable attorney.

The Implications of a CDL Violation

CDL violations can come in any number of forms. A violation can be strictly centered around driver error, such as a speeding citation, erratic lane changing, or following another vehicle too closely. In other instances, a violation can come from a driver violating their contract and using drugs or alcohol while on the job. Some of the most common violations have nothing to do with the driver themselves and are caused by negligence on the part of the trucking company. These violations can include falsification of driving log hours or operating an overweight cargo. Regardless of the type of violation, it is time for you to react.

In many instances, a violation will result in an automatic suspension of your CDL (these violations include excessive speeding, drunk driving, or other forms of criminal conduct). If you have been falsely charged with a violation, it is time to speak with your attorney. For instance, if you were accused of speeding but the truck speed limit sign was noticeably difficult to see, you may be able to have the violation removed from your record.

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IL defense attorneyWhen a person earns a commercial driver’s license (CDL), they are granted the privilege to operate large commercial vehicles on a consistent basis. Commercial driver’s licenses are not handed out without a strict regulatory process, considering the increased likelihood of potential collisions. That being said, it should come as no surprise that losing a CDL can be much easier than most people would like to assume. Below we will examine some of the most common CDL violations and how you should react if you believe you may be in danger of losing your CDL.

Common CDL Violations

When a person is cited for violating the regulations of their CDL, the coming weeks can be quite frightening. For commercial truck drivers, a CDL is critical to a healthy financial future. If you have been cited for violating your CDL privileges, it is time to seek out the assistance of a skilled legal professional.

Failure to Properly Check Equipment: In a large percentage of CDL violation cases, the violation is simply caused by a driver’s inability to double-check the truck and ensure it is running properly. For instance, 24% of all annual roadside CDL violations involved issues with lights or reflective equipment. If a driver simply checks the lights of the vehicle and reports a lighting defect in the inspection report, prior to driving, they will likely avoid a violation.

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Naperville CDL lawyer

Here in the United States, commercial truckers are an integral part of our economy. Commercial trucking continues to be the No. 1 form of shipping. According to the American Trucking Association, there are an estimated 3.5 million truckers with a commercial driver’s license (CDL) nationwide. With so many truckers on the road, truck accidents are common.

Due to the severity of many commercial trucking collisions, law enforcement is always on the lookout for commercial drivers in violation of state or federal laws. If you are cited for a CDL violation, it is critical to seek experienced legal guidance right away. 

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