Lawsuit over semitruck crash reveals issue of truck driver working 2 months without day off

LAREDO – San Antonio attorney Shawn Mechler was so troubled by what he uncovered during a lawsuit he filed against a Texas trucking conglomerate, that he reported the firm to federal authorities shortly after settling the case for six figures earlier this year.

Mechler alleged his client suffered permanent spinal injuries after his tractor-trailer was rear-ended by another semitruck east of Little Rock on February 17, 2021, during one of the worst winter storms in the recorded history of the Southern United States.

Dash-camera video and photographs obtained by KSAT Investigates show icy conditions were present at the time of the three-vehicle crash in Lonoke County, Arkansas.

Driver Israel Rodriguez, whose big rig first crashed into a semitruck driven by Mechler’s client before moving right and wiping out a smaller truck pulling a trailer, testified in a video deposition in late October that his semi had snow chains for its tires but he had not put them on prior to the crash.

But Mechler said after he filed suit in Webb County against Rodriguez and the Laredo-based trucking firm of DX Xpress and Directo Express, it was Rodriguez’s grueling driving schedule that stood out the most.

“We know he was probably driving in excess of 18 to 20 hours at the time of the wreck,” said Mechler.

Mechler based his approximation on Rodriguez’s testimony since the trucking company did not retain driving hours logs for the trip in question, court records show.

Rodriguez, who testified remotely from his native Mexico with the help of a translator, said he drove non-stop from an inspection station outside Laredo to Little Rock before stopping to refuel.

He testified that he encountered ice the entire stretch between Dallas and Little Rock and claimed he was driving 28 to 30 miles per hour at the time of the wreck.

Mechler told KSAT that not only had Rodriguez violated Federal Motor Carrier Safety Administration regulations covering hours of service during the 750-mile trip from Laredo to Little Rock, but that it appeared to be a regular occurrence, based on the driver’s testimony.

“The driver in this case would drive 10 hours, then he would switch with his teammate for 10 hours. And this would go on for seven days in a row for about two months at a time,” said Mechler, referring to testimony from Rodriguez that came about three hours into his deposition.

Rodriguez claimed he would typically work two months in a row before taking time off and returning to Mexico and “was working pretty much every day” when asked by Mechler if he ever had any days off.

A chart put together by Mechler in anticipation of the case going to trial late this year, which was based on Rodriguez’s testimony, indicates that Rodriguez was driving in excess of 80 hours over seven days and around 100 hours over eight days.

FMCSA hours of services rules prohibit drivers from driving more than 60 hours in a period of seven consecutive days and 70 hours in a period of eight consecutive days.

Reymundo Moreno, a safety coordinator for DX Xpress and Directo Express at the time of the crash, testified about the team driving concept employed by the company in a taped deposition in late October.

Moreno said using a team driver allows the semi to stay on the road and “technically, well, they never stop.”

“So, basically, it’s always out making money,” testified Moreno.

The company settled the case earlier this year. As part of the settlement, Rodriguez and the company were released from any claims of liability and denied any wrongdoing.

“I am writing because I am scared for the safety of the motoring public.”

Since his client’s injuries were not catastrophic, Mechler said he was unable to get DX Xpress and Directo Express to commit to increasing their safety practices as part of the settlement.

Instead, Mechler filed a formal hours-of-service complaint against the firm with the FMCSA.

“I am writing because I am scared for the safety of the motoring public,” Mechler said in his written complaint.

FMCSA officials in May informed Mechler that the agency would not be opening an investigation into his complaint.

“As a result of a recent investigation of DX XPRESS INC conducted on 06/29/2022, the occurrence of noncompliance referred to in your complaint has been previously identified and is being addressed appropriately,” FMCSA’s response states.

FMCSA records show Directo Express has had nine hours of service violations in the past two years.

The larger DX Xpress, which operates over 300 vehicles, has had 94 HOS violations during the same period, federal records show.

The listed owner of Directo Express and DX Xpress did not respond to multiple phone calls seeking comment for this story.

Adam Gallegos, an attorney who represented the company in the suit, told KSAT it was not proven that Rodriguez violated hours of service rules and denied that any violation occurred.

He said he would have challenged Mechler’s assertion had the case gone to trial.

“Directo Express does not expect or condone breaking hours of service requirements,” Gallegos told KSAT via telephone.