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“The statute being argued is severely outdated and does nothing to help the innocent families of the victims to unprovoked accidents,” Marcus Coleman, the father of Dalilah Coleman, who was struck by an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.”
