Shannon Law Group Nov. 2017

PAT CUMMINGS’ CORNER: TRENDS IN TRUCKING CASES

Before a trucking company hands the keys of its trucks over to prospective drivers, it’s essential that they conduct thorough background investigations. Why? The simple answer is that trucks are exceedingly dangerous in the hands of

The two examples above would be easily remedied by simple vetting, preventing a company from putting an unsafe driver on the road. Unfortunately, many commercial driving companies put money and convenience ahead of thoroughness when screening potential drivers. In one of our recent cases, a commercial driving company hired a driver with no professional driving experience, no employment references, and a long history of criminal behavior, including a DUI conviction. The company in that case indicated that they had vetting procedures in place, but they never followed their own hiring policies. The company conducted no background check, no road test — nothing! They didn’t even make the driver fill out their entire application. As our case and other negligent or reckless hiring cases have shown over the last few years, juries will not condone companies that ignore the safety of the public by hiring unqualified and dangerous drivers. In some particularly egregious cases like ours, jurors are allowed to impose punitive damages as a way of sending a message to offending companies that their conduct is unacceptable. Hopefully, companies will see these large punitive damage verdicts and take vetting seriously. NOVEMBER 2017 DATES OF CONSEQUENCE

unqualified drivers. Companies need to ensure that the folks they hire to drive these vehicles don’t present an unreasonable risk to people they’re transporting or to the rest of the motoring public. While an investigation into an employee’s background can never guarantee that the driver will be 100 percent safe 100 percent of the time, a serious examination of a prospective driver can reveal red flags that could eliminate that driver from consideration. For example, say a trucking company obtained a potential driver’s Illinois driving record. If that record is littered with speeding offenses or other moving violations, the driver’s ability to follow laws comes into question. Similarly, if a past employer indicates that the driver being screened had made false entries in his log books to get around federal hours of service requirements, it demonstrates a willingness to put personal financial gain over public safety.

November 5:

Daylight saving time ends. Turn back the clocks one hour!

November 10:

Marquette basketball home opener against Mt. St. Mary’s. Go Golden Eagles!

November 11:

Dad’s Weekend at University of Illinois. Go Illini!

5:30 p.m. Quigley’s Irish Pub WEDNESDAY, DEC. 27

November 13:

Feast Day of St. Frances Cabrini. Read up on this great Chicago legend!

November 15:

96th birthday of Thomas Matthew Shannon, Sr. Happy birthday, Dad!

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November 18:

U.S. Naval Academy versus Notre Dame football. Go Irish and go Navy!

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November 19:

St. Joan of Arc Harvest Sunday. Please give generously.

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November 23:

Feast Day of Blessed Miguel Pro. Viva Cristo Rey! Read up on this courageous man.

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November 23:

Turkey Trot 5K

Want something more in your life? Every Saturday morning, St. Joan of Arc men’s group meets from 7–8 a.m. in the St. Joan of Arc Parish Center in Lisle, Illinois. I invite you.

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