Commercial truck drivers in South Carolina should be aware that the United States Supreme Court refused to hear a class-action lawsuit against the United States Department of Transportation and the Pre-Employment Screening Program. The six truck drivers who filed the lawsuit with the assistance of the Owner-Operator Independent Drivers Association claim that the U.S. DOT and the Federal Motor Carrier Safety Administration provide too much information about the violation histories of drivers to potential employers.
The drivers alleged that their PSP reports negatively impacted their reputation and made it difficult for them to secure work. The drivers further claimed that the information provided in the reports went beyond the purpose of the PSP.
According to the plaintiffs, the PSP reports are to relay accident logs and any serious safety violations related to driving only. They claim that including information regarding speeding in the 6 to 10 mph range, violations related to specific hour regulations, excessive weight violations, unlawful parking citations and inaccurate log violations violate certain provisions of the 1974 Privacy Act.
The DOT refuted the claim that the PSP contained too much information. In 2014, the federal district court rejected the plaintiff’s claims. The plaintiffs filed an appeal, which was denied by the United States First Circuit Court of Appeals in October 2016. The same court refused to rehear the case in December 2016. The Supreme Court’s recent denial to hear the case ended the plaintiffs’ and the OOIDA’s legal bid.
Motorists who have been harmed from truck accidents may want to speak with personal injury lawyers. An attorney may assess the factors of a case and pursue financial damages against the parties responsible for negligent truck maintenance, defective auto parts or unqualified truck drivers.