I’d like to again thank those who commented on my previous post about parking. That was so much fun, let’s try it again.
We’ll again assume that after each of these scenarios, the truck driver was involved in a DOT reportable crash vs. a car, with injuries.
An LTL linehaul driver is about 15 minutes away from his terminal. He’s on an interstate highway in the middle of a city. A major wreck has occurred just up ahead of him, and the road is completely shut down. He’s unable to exit and take an alternate route. By the time traffic is flowing again, he’s at 12 1/2 hours of driving time, but is about 30 minutes under 14 hours on duty. What does the driver do?
An OTR driver is about 15 minutes away from his delivery location. He’s on a 4 lane highway in the country. A major wreck ahead has closed the highway, and traffic is being diverted on a lengthy detour, which he estimates will put him 30 to 45 minutes over 11 hours of driving, but still under 14 hours on duty. There’s no place to park on the detour, but he knows his delivery location has overnight truck parking. What does the driver do?
Again, here’s what I’d like to know.
What (from a legal standpoint) should the driver do in each of these situations?
What recourse (if any) does the driver have against anyone else?
What would be the likely outcome of a lawsuit against the driver and trucking company?
As always, I’d really like your comments on this – the more the merrier.