Readiness for Trial Is the Key to a Fair Settlement
Not to ”Aid or Abet” Violations
49 C.F.R. § 390.13 provides that “[n]o person shall aid, abet, encourage, or require a motor carrier or its employees to violate the rules” of the FMCSR.
It says “no person” rather than “no motor carrier.” If the evidence supports it, the plaintiff may make a claim against a company owner individually if the owner was personally involved in dispatching a driver for trips that could not be completed without violation of hours of service and fatigue rules.
Paying truck drivers by the mile, and not paying for inspections, required rest time, time out of service due to safety concerns, etc., may encourage violations of regulations.
It is common for carriers to pressure drivers to make deliveries that cannot possibly be done without breaking the hours of service and fatigue rules.