How does a “Just in Time (JIT) delivery rule for a trucking company cause catastrophic personal injuries? “Just in time” is a trucking industry term of art for the delivery of goods on time. This is also a method of inventory control where the warehousing of the product is kept at a minimum. The shipper will require trucking companies and motor carriers to bring in inventory like food products which have a very short useful life and then require the motor carrier to deliver the shipment of goods on time or the trucking company is penalized. In some cases, a late deliver of the product is completely refused by the company that is requesting the shipment and the motor carrier is required to pay for the entire shipment of product. Another example of a just in time product would be a where a car manufacturer that maintains very low inventory levels in order to reduce costs and then relies on the trucking company and the supply chain to bring in necessary parts whenever needed on a rapid basis.
How does out a just in time shipment cause personal injuries and wrongful death? The answer is clear. This may be one of the most dangerous types of shipments ever developed for motor carriers. In a recent case that I have been handling for wrongful death with a just in time load the shipment was given to the two drivers to drive as a team and then requires them to drive more than 23 hours nonstop in order to make the time requirements of the just in time delivery. This type of delivery contract creates urgency to the drivers and places extreme pressure on the team drivers to try and make sure that the product is delivered on-time. Otherwise, they may be fired, reprimanded or otherwise punished due to the fact that the trucking company will be penalized monetarily if the load is not shipped on time.
The on-time delivery of goods causes truck drivers to ignore the hours-of-service rules of the Federal motor Carrier Safety Regulations (FMCSR). It causes truck drivers and trucking companies to violate the normal safety protocols that are required to keep drivers operating in a certain period of days and hours. Trucking companies are required under the FMCSR to monitor the hours-of- service rules for truck drivers so that they do not become tired and fatigued. In a recent case that I have been handling, the truck drivers were so fatigued that they drove off of the highway and across the median into oncoming traffic where they injured innocent people and killed two people. All of this needless death and injury occurred just because the trucking company forced their drivers to work over the time limits set by the DOT and the regulations under the FMCSR. There were many ways to avoid this rather horrific accident.
Motor carriers and trucking companies should not set high mileage lengthy trips and use team drivers. A much safer and more efficient manner of transporting the goods would be to have a driver or team drivers drive a certain period of time to stay within the maximum hours allowed by law and then have the trailer delivered to a certain point along the delivery route. Once the hours-of-service rules were exhausted, the trailer could be stopped at a truck stop or other location where a new fresh driver or team of drivers could take over so that they were not fatigued. Unfortunately, money is more important to trucking companies and motor carriers than anything else. This extremely ignorant method of delivering goods and cargo is akin to reckless and wanton conduct and shows that a just in time delivery without safety precautions means that a motor carrier has a complete indifference to human life. It is grossly negligent. It would be safe to say that it rises to the level of malice and intentional conduct.
If you have a loved one or if you yourself have been injured where a motor carrier was delivering a just in time load and the driver or drivers were pushed to the point of fatigue and exhaustion, then you have a case that has a likely basis for punitive damages to punish the truck drivers and the trucking company and motor carrier for creating this foreseeable hazard and predictable preventable accident. This happens all the time and often goes unnoticed because personal injury lawyers and personal injury attorneys have never heard of the term just in time delivery. If you have hired a lawyer that really does not understand the Federal Motor Carrier Safety Regulations and these safety regulations, you may have a problem and you may not come out with a just and fair amount of compensation for your injuries or for the death of a loved one. If you have a personal injury lawyer on a trucking case or a tractor-trailer case, it is extremely important that that attorney or lawyer actually understands the Federal Motor Carrier Safety Regulations and is knowledgeable about the terms of art and their application to the industry standard of care as it affects the injury and killing of drivers across America.
The only way you can understand just in time deliveries is by studying the driver’s logs and the onboard computer system that gives messages to the drivers about what type of loads they have and instructs them on how fast that load must be delivered. Many motor carriers are set up with Qualcomm which provides tracking of the motor carrier, tracking of the hours-of-service and onboard messaging. If you have a tractor-trailer case that caused catastrophic injury or death and already have a lawyer you should ask the lawyer to show you their library of the trucking industry safety manuals and books that that are in the lawyer’s library that teach them about safe shipment of products and on-time delivery. These safety rules are taught by the Smith system and by the JJ Keller and Associates, Inc. systems as well as many other reputable companies who help motor carriers design safe systems.
It is likely that many motor carriers who transport just in time deliveries make additional profit due to the time constraints of the just in time delivery. Unfortunately, money kills. Time kills. Truck accidents kill and all of this killing is unnecessary.
When you want a knowledgeable and experienced trucking attorney or trucking lawyer or trucking abogado that knows what they are doing, then you need to contact Brad Pistotnik and hire Brad Pistotnik Law. Brad has been handling trucking cases for over 35 years and has exhaustive knowledge of the trucking industry and the safety regulations. Brad has taught seminars to the Kansas Bar Association to teach other younger lawyers and others about trucking safety regulations and the Federal Motor Carrier Safety Regulations. Brad wrote the book Truck Accidents Kill! We concentrate our practice on large tractor-trailer accident, big rig accident, auto accidents with commercial motor vehicles, auto accidents with heavy equipment vehicles and auto accidents with business vehicles that are in a fleet of vehicles. We secondarily handle regular auto accidents and motorcycle accidents, workers compensation and construction site accidents and farm accident injuries. We pride ourselves on being knowledgeable in the area of the study of the DOT regulations, study of the CSA and the study of the Federal Motor Carrier Safety Regulations.
Brad Pistotnik Law will work on any trucking or tractor-trailer accident on a contingency or percentage and spend our money to build your case. If the case is a legitimate case and justifies filing a suit, we will spend $100,000 or $200,000 or more of our own money to help build your case and we risk our money in order to help you and your family. If we are unable to win or you don’t recover, then you don’t have to pay us. We help with car accidents, motorcycle accidents, truck accidents, big rig accidents, fleet vehicle accidents, bicycle accidents, semi-accidents across the State of Kansas and work from Kansas City to Liberal. We work in Garden City. We work all over Oklahoma. We work all over Nebraska. We work all over Missouri and in Illinois. We work in Dodge City. We work in Colby, Great Bend, Salina, Wellington Winfield, Pittsburg, Joplin, Hutchinson, Kingman, Hays, and many other places like Nebraska, Oklahoma, Missouri, Illinois and other states.
Our lawyers will travel across the State of Kansas or fly to you wherever you live within the same day that you call us. Remember that in every trucking accident, the insurance company for the trucking company and motor carrier have their investigators and accident reconstructionist at the scene within one to two hours from the actual time of the accident. Many of these investigators change the scene and take photographs that are altered. One investigator in Wichita is known to have changed several scenes prior to photographing them. This was proved by looking at the Kansas Highway Patrol photographs taken before the investigator arrived. The investigator then moved objects that were on the highway and changed the appearance of the post-accident scene which was provable by showing the police photos and comparing them to the fraudulent investigators photos.
We work in Kearney and Lincoln, Oklahoma City, Guymon, Enid, Tulsa, Ponca City, Springfield, Omaha and elsewhere. We are the Bull attorneys. ™ We are Brad Pistotnik Law. ® We are Abogado El Toro. ® Hire the real Brad. ® Call in the Bull. ® Call us at 1-800-241-BRAD or call us on or local line at 316-684-4400. In Western Kansas you can hire us by calling 620-THE BULL. When you hire Brad Pistotnik Law you are hiring knowledgeable and experienced lawyers and attorneys who have the resources and financial capability to fight the big insurance companies that have unlimited millions of dollars to fight you. Don’t let money be an issue when you can have a strong powerful law firm like Brad Pistotnik Law who will fight back for you. You can call Brad Pistotnik on his cell at 316-706-5020. You can call Tony Atterbury on his cell at 316-617-9237. We work with Saturday and Sunday legal appointments, nighttime legal appointments and have legal appointments on holidays like Easter, Christmas, Thanksgiving, Fourth of July, Memorial Day, Labor Day and New Year’s Eve and Day.