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FMCSA shuts down Ken’s Trucking in Florida

Written by Steve Gursten Posted October 30th, 2014

Agency finds motor carrier posed imminent threat to public safety

Sorry we are closedThe Federal Motor Carrier Safety Administration (FMCSA) has ordered Florida-based Ken’s Trucking, LLC, to immediately shut down following a federal safety investigation which revealed numerous widespread, and rampant safety violations.

The FMCSA has the power to immediately shut down dangerous truck or bus companies, or order dangerous truckers and bus drivers out of service if they’re deemed to pose an imminent threat to public safety. This power is granted pursuant to 49 U.S.C. § 521(b)(5)(A).

Ken’s Trucking had a horrible track record for safety. In the past year alone, trucks operated by Ken’s were involved in five separate truck accidents. Two of these five crashes were attributed to maintenance deficiencies. In fact, one of the crashes involved a broken drive shaft, which became disconnected from the semi-truck and fell onto the roadway, causing a major accident with a passenger vehicle.  In another more recent wreck,  the  driver involved had a suspended commercial driver’s license (CDL) for previously testing positive for methamphetamines.

Between Ken’s Trucking’s 29 commercial truckers, they received 15 citations for speeding and 10 additional citations for a variety other traffic incidents.

The company was shut down for a number of reasons. Federal investigation showed Ken’s was not properly maintaining driver files as required by federal law, had shoddy semi-truck fleet maintenance and was allowing truckers who had documented drug violations and expired medical certificates to operate big rigs. Ken’s Trucking completely failed to ensure its drivers complied with the FMCSRs.

The problem is that companies like Ken’s Trucking aren’t that unusual. As an attorney, so many of the trucking companies I’ve dealt with have had terrible safety records. One of the big complaints that I have, and one of the reasons behind the Truck Accident Attorneys Roundtable, was that the FMCSA has been far too passive and reactive in stopping dangerous trucking companies from operating and endangering the public.  Ken’s Trucking is an example of this, even though the FMCSA finally did act.

But look how many preventable accidents and violations they were involved in before action was taken?  How many innocent motorists have to be injured or killed before the FMCSA can take a more aggressive role in stopping like companies from operating?

Steven Gursten Photo

About Steve Gursten

Attorney Steven Gursten is president of the Motor Vehicle Trial Lawyers Association and past president of the American Association for Justice Trucking Litigation Group. He has been named a Michigan Lawyers Weekly "Leader in the Law" for his efforts to prevent truck accidents and promote national truck safety. Steve was also a Michigan Lawyers Weekly "Lawyer of the Year" for a record settlement in a truck accident case. He has received the top reported truck accident jury verdict and top reported truck accident settlement in Michigan for multiple years, according to published year-end compilations of all jury verdicts and personal injury settlements by Michigan Lawyers Weekly. He has been named a "Top 50 Super Lawyer," by SuperLawyers, is listed in Best Lawyers in America, and has been awarded an AV-rating by Martindale-Hubbell, which is the highest rating for legal ability and ethics. Steve speaks to lawyers throughout the country on truck accident litigation. He is a founding member of the Truck Accident Attorneys Roundtable, head of Michigan Auto Law, and has dedicated his legal career to making our roads safer.