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Mar 13, 2009

Opinion * USA - Defending Spanish-Speaking Truckers

The Bureau of Labor Statistics has reported that in 2007, 23% of the estimated 1.6 million tractor-trailer drivers in the United States were Hispanic

Arlington,VA,USA -Transport Topics, by Cynthia Huerta: Attorney at LawLorance & Thompson -13 March 2009: -- Hispanics have responded to the need of U.S. carriers for longhaul truck drivers... That percentage will grow in tandem with the Hispanic population of the United States, which the Census Bureau puts at 44.3 million today, with 66.3 million projected by 2020... As Spanish-speaking drivers increase within the transportation industry and become involved in litigation, trucking company defense attorneys are faced with a number of challenges... If your Spanish-speaking driver winds up getting sued following an accident, the plaintiff’s lawyer will use the driver’s limited English skills to prejudice juries, mainly by claiming that the driver doesn’t meet the Federal Motor Carrier Safety Regulations’ minimum language requirements for driving a commercial motor vehicle... Plaintiff lawyers also will claim the driver’s alleged language deficiency establishes negligent hiring, retention, supervision and training on the part of the trucking company. For example, the lawyer might claim that because your safety training materials are in English, Hispanic drivers won’t understand them... The plaintiff lawyer’s basic plan is to get awards for exemplary damages by convincing the jury that your Hispanic driver isn’t qualified to drive a CMV on U.S. highways and that trucking companies that hire people who don’t speak English to operate big rigs put lives in danger... The stakes are high, but your counsel can take three important steps to prepare for litigation drivers who claim to speak little or no English and help them to be better witnesses: ...

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