Who is Responsible for the Nation's Truck Drivers?

A $20 million wrongful-death lawsuit was filed last week by the family of Jose Villalta, 33, killed when a tractor-trailer truck rammed a Honda from behind and hit two other cars in front of it. Villata had a wife and two small children, aged three and five. The accident happened on the Capital Beltway, and according to the Washington Post, it wasn't just a tragic accident. The driver of the tractor-trailer, Roger C. Scofield, Jr., had dozens of driving violations and entries on his driving record, a license that was suspended in two states, and he was cited in 2006 for inattentive driving after hitting a car stopped at a light in Delaware.

The company, B.K. Trucking of New Jersey, who hired Scofield to deliver a load of bananas in Virginia that day, said Scofield did not know his license was suspended at the time. According to the company's safety manager, driving with a suspended license was not the reason accident happened. While final charges are pending from the ongoing investigation, the lawsuit alleges negligence on the part of Scofield, the president of B.K. Trucking, Brian Kargman, and Dutch Mill Produce in allowing Scofield to drive for the company.

B.K. Trucking officials said they checked Scofield's driving record about eight months ago and found no cause for concern. Privacy laws bar companies from checking drivers' records beyond 18 to 24 months and even then, it may not reveal violations in another state. The company was aware of speeding violations and has since learned that Scofield's license was suspended because he failed to appear in court for a speeding ticket. Apparently, the notification to appear went to his ex-wife's address by mistake. B.K. Trucking also learned that a family member of Scofield has generated traffic violations using Scofield's original license.