As President Donald Trump and Congress look to hold illegal immigrant truckers accountable, a future United States Supreme Court decision could modify a federal law that could allow victims of commercial vehicle crashes to hold those responsible for hiring the driver behind the crash accountable.
The ruling, which is expected before June, could overturn a 2019 decision from the U.S. Court of Appeals for the 7th Circuit and allow for the modification of Section 14501(c)(1) of the Federal Aviation Administration Authorization Act of 1994.
“The statute being argued is severely outdated and does nothing to help the innocent families of the victims to unprovoked accidents,” Marcus Coleman, the father of Dalilah Coleman, who was struck by an illegal immigrant truck driver when she was 5, told The Daily Signal.
“If you are a broker and hire a company with issues, and continue operating with that company, you should be held liable. That is gross negligence.”
While the Colemans did not bring this lawsuit, the Coleman family has been pushing for a ban on illegal immigrants obtaining commercial driver’s licenses and has been closely monitoring the case.
The plaintiff, Shawn Montgomery, filed the case after Yosniel Varela-Mojena, a commercial truck driver for Caribe Transport II LLC, crashed into him in 2017. Varela-Mojena’s tractor-trailer veered off the road and crashed into Montgomery’s tractor-trailer, which was stopped on the side of an Illinois highway. Montgomery suffered major injuries, which resulted in the loss of one of his limbs.
Coleman told The Daily Signal that if the court were to side with Montgomery, it could allow the victims and families of these major crashes to sue the brokers responsible for hiring the driver who caused the crash.
Dalilah, now 7 years old, was hit by an 18-wheeler with an illegal immigrant driver behind the wheel in California.
The potential modification of the federal statute could also open the door for lawmakers to insert new guidelines for the employers of commercial truck drivers, also known as brokers, who Montgomery claims are currently shielded from liability over major crashes by hiring third-party driving companies that employ unqualified drivers.
During the oral arguments, Supreme Court Justice Brett Kavanaugh told the defendants that “if you’re hiring drivers who can’t read the signs, that seems like a safety issue.”
Kavanaugh added that current federal law has allowed brokers to hire these drivers because of “federal government standards,” since “the federal government regulates the trucking companies and kind of certifies them.”
The Supreme Court could now “force the broker to be liable for the crash instead of hiding behind immunity and moving down the line,” Coleman said.
Gordon MaGill, a 28-year veteran and third-generation commercial truck driver, told The Daily Signal that the reason Montgomery is going after the brokers of commercial truck driving is because they “normally hire fraudulent foreign-based third-party companies,” which are known in the industry as “chameleon carriers.”
The “fraudulent companies,” he claims, are usually outside of American jurisdiction and hire illegal immigrants who settle for a lower wage. “These companies also do not vet their drivers, and most of them can’t even speak or read English road signs.”
The case of non-English proficient and unqualified drivers has now attracted the attention of all of the branches of the federal government.
During his State of the Union address, Trump said that “many, if not most, illegal aliens do not speak English and cannot read even the most basic road signs as to direction, speed, danger, or location.”
The president then called on Congress to pass legislation that would hold illegal immigrant truck drivers and their employers accountable.
Last week, Sen. Jim Banks, R-Ind., and Rep. Erin Houchin, R-Ind., introduced this legislation in honor of Dalilah.
“The Dalilah Law ensures commercial driver’s licenses are limited to individuals who are lawfully present in the United States and able to meet the safety standards required to operate these massive vehicles,” Houchin previously told The Daily Signal.
“When President Trump recognized Dalilah at the State of the Union, I felt like our country was finally listening. I am so grateful to Congresswoman Houchin and Senator Banks for fighting to make sure this never happens to another family,” Coleman added. “This law will save lives, and that means everything to us.”
Pedro Boccalato Rodriguez-Aparicio is a journalism fellow at The Daily Signal.
Reprinted with Permission from The Daily Signal – By Pedro Boccalato Rodriguez-Aparicio
The opinions expressed by columnists are their own and do not necessarily represent the views of AMAC or AMAC Action.
While at it, cold the same court hold responsible those, who encourage lawlessness and push for the rights of illegal immigrants. All the judges who let the criminal go, should they be responsible?
Drivers licenses should only be issued to American citizens and with the basic understanding that one can read and understand the English language. Trucks, cars, motorcycles all included in that. The demoncrats are hell bent on destroying our nation.
Sounds like a VERY WISE idea! – should also include States that give driver’s licenses to illegals who can’t read signs or read/speak English!
Could the Supreme Court rule to hold those who hire illegal immigrant truck drivers accountable? I don;t know, SHOULD they? Yes. Especially when said illegal immigrant drivers get into accidents and injure or kill people while in their employ.
The people responsible for putting these illegals behind the wheel government entity or commercial should pay a heavy price to include prison
This should be a 9-0 vote in favor of holding these companies financially responsible. And the out of country entities who are promoting this, needs the CIA to become involved to stop the hiring/promoting practice. This is a dollar/cents matter, and innocent victims are paying the high price..
Also, any state in this country who gives a CDL to someone who cannot speak or read English, needs to pay the victims and lose all federal monies. Deport the driver or the death penalty.
Those companies should be held responsible and made to pay the victims. If you cannot read the posted signs in English, you have no business driving a truck.
This is just another no brainer that the demonrats refuse to address. Along with deporting illegal criminals, these demonrats should also be deported with them!
I agree, the companies, brokers, freight lines or anyone that hires an ILLEGAL ALIEN to drive without a proper valid CDL license should be held accountable. I also think that the many Ports of Entry throughout the country should be verifying licenses when trucks stop in a Port of Entry. NO LICENSE = NO GO and a huge fine for all involved. While you’re at it go after the insurance companies that are insuring these illegal truckers. If the feds and local law enforcement get proactive, we might have a chance,
Let’s not forget a lot of these illegals were gifted with free licenses as well (even if they didn’t know how to drive) in those Sanctuary City/States! And their very presence shows they are quite willing to ignore and break rules! What a recipe for disaster!
Seems to me the problem is licensing. If the Trucker Schools are allowed to license their graduates instead of the graduate having to go to the DMV for their tests, it’s the schools that should be reined in. The drivers should have to pass Class I driving tests in English administered by a certified state government entity. The schools are the problem. They’ve not lived up to their responsibilities and should be liable for licensing drivers who are not citizens or who speak, read and write in English.
Of course…the businesses who hire illegal aliens should be prosecuted as well!! Why are we so happy to give all of these jobs to non-citizens? When does saving some money take precedence over killing and maiming U.S. citizens? And while I’m at it, we must stop letting Muslim terrorists into this country and start focusing on getting all of the Muslim terrorists OUT OF OUR COUNTRY!!!!! They are destroying us.
ALL BUSINESSES HIRING ILLEGALS SHOULD BE HELD ACCOUNTABLE. Ultimately it is the businesses that are the ones making it attractive for illegals to stream across the border. There is no reason these businesses can’t hire AMERICAN workers and pay them a decent wage + benefits. They just don’t want to. There’s no prrofit to be made in not being greedy and screwing over AMERICAN workers.
If you’re a business owner who depends on illegals to do the work, you’re bad at business.
We should all be contacting elected officials in our State and telling them to STOP giving drivers licenses to non-citizens/illegals. States that give drivers licenses to illegals are rewarding them for breaking our laws. Do something, make a call or send an email. NOW, today.
They should be held accountable.
When a politician or a judge takes an oath they should be held accountable legally for that oath. When it’s ignored it’s criminal!
Common sense should have told anyone in the DMV, or hiring companies assisting illegals a drivers license would evidently be held responsible for injuries and deaths.
In reading with everyone else’s comments, I agree to all stated. All of a sudden, these big name companies would file bankruptcy, especially after the first accident & being sued.
DO IT SCOTUS.
ONLY THE DAMNOCRAPS WILL THINK THAT’S RACIST AND BIT*H WHINE MOAN AND GROAN. BUT NOBODY GIVES A FLYING F WHAT THEY THINK.
They sure as hell should!