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Why is Macy’s using a dangerous truck company to transport its goods?

Written by Steve Gursten Posted June 14th, 2016

As the number of truck accidents increased, Macy’s knowingly continued to use a company among the worst for motor carrier safety records

macy shipper, image

The connection between fatal tractor trailer crashes and companies with sub par and often very dangerous safety records is one that our attorneys repeatedly show on this truck litigation and commercial transportation safety blog.

It has led to shipper and load broker cases by Truck Accident Roundtable attorney Michael Leizerman in states like Oregon. And it’s part of many of the trucking litigation seminars and education programs that Roundtable attorneys put on to educate other lawyers on ways to make our roads safer – by holding the companies that knowingly use unsafe companies to transport their products responsible. This blog is written by Truck Roundtable Florida affiliated attorney Joe Camerlengo. Joe focuses his law practice on very serious truck accident injury and wrongful death cases throughout Florida.

Earlier this year, I started to wonder, “Why are brokers and shippers still using these unsafe companies and drivers to transport their cargo?”

Is it really only saving money that many in the transportation industry care about?

Let me give you an example of my frustration, starting with a brand name we all recognize: Macy’s.

It has been a stalwart in the fashion and home furnishings retail space for decades. Yet, for years the retailer utilized one U.S. DOT-authorized motor carrier to deliver products and furniture all over the country under Macy’’s “Coast to Coast 5 Star Delivery Service.” The motor carrier is Joseph Eletto Transfers, Inc. and has had a horrendous safety record according to the FMCSA for as long as the FMCSA has been keeping safety statistics!

That’s right, Macy’s knowingly and regularly used a company that’s among the worst motor carriers in the country in driver fitness, hours of service compliance, vehicle maintenance and unsafe driving. The chart above is just a small excerpt that Macy’s would have seen had it just investigated the motor carrier for less than five minutes. Or maybe Macy’s did investigate the carrier and turned a blind eye to its bad safety records because of, perhaps, cheaper labor that would put more money in its pockets.

The worst discovery, however, was that the Federal Motor Carrier Safety Administration (FMSCA), despite the horrendous safety record and repeated non-compliance, still gave the motor carrier a “satisfactory” safety rating.

The key takeaway from this blog post is as follows: If you’re a broker, shipper or logistics company, do your homework on the motor carriers you use to ship products on the roadways of our great country. Look beyond the first page of the SAFERSYS information and review the historical performance of motor carriers and stop using unsafe motor carriers.

If you are an interested party, although individuals cannot request a review of a motor carrier’s safety rating under the FMCSR’s, you can make a complaint to the FMCSA of a substantial violation of any of the FMCSR’s under 49 C.F.R. 386.12.

So start complaining and maybe, just maybe, we can make our roads a little safer.

– Written by Truck Roundtable affiliated attorney Joe Camerlengo.

Related info:

FMSCA cracks down on unethical movers, brokers

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.
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