January 31, 2012

House Bill for Heavier Trucks Under Review

Earlier today, Transport Topics Online published a news report which revealed the reauthorization of a House of Representatives bill that would allow states the option of allowing heavier trucks on the nation’s roadways. Our Chicago accident lawyers learned that the bill, which was unveiled the morning, would permit large commercial travel for vehicles that may weigh as much as 97,000 pounds despite significant opposition by numerous highway safety law enforcement and railroad groups. However, trucking carriers, as well as, shipping and manufactures show high support for longer, heavier commercial vehicles.

Under current federal law, all states must allow tractor-trailers to haul 28-foot double trailers along the National Highway System. Although, if the transportation bill passes, states will be mandated to permit double, 33-feet long tractor-trailers on the national network and on access highways. The $260 billion, five-year transportation bill is highly associated with another bill in the House of Representatives that would permit the expansion of offshore oil and gas drilling, including drilling throughout Alaska, in order to pay for transportation infrastructure.

Any accident attorney in Chicago will tell you that large commercial vehicles; which include semi trucks, tractor-trailers, as well as, heavy cargo vans account for a significant of traffic-related injuries and fatalities. According to SafeRoads.org, people in passenger vehicles are particularly vulnerable in the event of a collision with a large commercial vehicle given the significant weight difference between passenger vehicles and large trucks. SafeRoads.org also reveals that in two-vehicle crashes involving passenger vehicles and large commercial vehicles, 98 percent of fatalities were the occupants of the passenger vehicle.

Additionally, those large trucks who weigh well over the current federally mandated 80,000 pound weight limit carry a substantial hazard and risk on our roadways. Not only do these larger commercial vehicles take significantly longer to break, they are more prone to rollover accidents, as well as, provide considerable structural damage to bridges and roadways. According to statistics provided by the Federal Motor Carrier Safety Administration, the number of large truck-related deaths and injuries each year carry an enormous personal and financial price tag – the cost of large truck accidents in a year exceed $19 billion.

Large truck accidents can be particularly devastating and may cause severe personal injury and even premature fatality. If you have been injured in an Illinois trucking accident – or have lost a loved one at the hands of a negligent semi truck driver, please contact an Illinois accident lawyer at Levin & Perconti to see what legal rights and relief may be available to you.

January 30, 2012

Drug Testing Operator Pleads Guilty for False Truck Driver Results

Earlier today, a Chicago truck accident attorney at our firm read a particularly heinous report which detailed how a drug testing operator for large commercial drivers has pleaded guilty for falsifying test results. The news report, posted on LandlineMag.com, further revealed that the drug testing operator pleaded guilty earlier this month in a United States District Court for making a false statement regarding the United States Department of Transportation’s mandated drug testing for large commercial vehicle drivers. It has been released that the operator previously claimed that it provided trucking carriers with random drug testing for their commercial vehicle drivers from 2008-2009.

However, our accident attorneys in Chicago learned that this way not the case. In actuality, the operator used his company’s address and violated Department of Transportation-regulated chain of custody requirements by directly receiving the drug testing reports from laboratories. Upon receiving the truck driver’s drug tests with results that tested positive for drugs, the operator falsely identified himself as a medical review officer. In turn, the operator would prepare false control and custody forms – misrepresenting the forms stating that the truck driver had tested negative. Although the report does not confirm what type of penalty the operator will receive, but given the severe nature of the infraction the penalty will undoubtedly be substantial.

Drug screening of large commercial vehicle drivers has continued to prove to play a vital role in maintaining the safety of our nation’s roadways. According to NortonMedical.com, federally regulated drug testing began in 1989 when the United States Department of Transportation began mandating drug and alcohol testing programs for its workers. In the early years of the testing program, over 18% of large commercial vehicle driers tested positive for cocaine, marijuana, or amphetamine use. Since the continued enforcement of mandatory drug and alcohol screenings, the rate of positive drug tests has decreased significantly.

Any Chicago truck accident lawyer will tell you that if you have been involved in an Illinois trucking accident, the large commercial vehicle driver is required by federal law to undergo an administered drug screening, as well as, a blood alcohol test within three hours of the accident. If tested positive for drugs, the truck driver may be subjected to both criminal and civil penalties. If you have been injured or have lost a loved one at the hands of an intoxicated truck driver, please contact our accident attorneys to ensure that you are fully compensated for injuries sustained.

January 29, 2012

Bus Company Placed Out-of-Service for Multiple Violations

CNN.com reports that a federal judge has recently placed a commercial bus company out-of-service after the company continued to operate despite violating an order from the United States Department of Transportation. The initial violations occurred on December 23 when the Federal Motor Carrier Safety Administration ordered the bus company to shut down after a thorough inspection revealed numerous infractions, such as failed vehicle maintenance and drug and alcohol testing discrepancies. The Federal Motor Carrier Safety then issued an additional cease-and-deist order to the company on January 5 – ordering the company to completely shut down after investigators exposed the company’s continued operation.

Yet, our Chicago truck accident lawyers read that the bus company still continued to operate despite receiving both notices from the Federal Motor Carrier Safety Administration. In light of this, a United States District Court has issued a temporary restraining order against the bus company, barring the company from continued interstate bus operation. The Department of Transportation’s secretary released a statement in reference to the restraining order he filed and revealed that this type of irresponsible behavior at the hands of bus companies will not be tolerated and safety will continue to remain the Department of Transportation’s highest priority.

Over the past five years, our Chicago trucking accident attorneys learned that the Federal Motor Carrier Safety Administration has significantly increased the number of bus inspections administered each and every year. Additionally, comprehensive safety reviews has been conducted on every of the nation’s estimated 4,000 passenger bus companies. The United States Department of Transportation continues to encourage consumers to review the Department of Transportation’s pre-trip safety checklist before purchasing a bus ticket or hiring a bus company. The checklist contains information pertaining to a bus company’s safety record, safety rating, as well as, the Department of Transportation’s operating authority.

Since 1992, our Chicago trucking accident attorneys have represented clients who have sustained severe injury or harm in all types of motor vehicle accidents, including those involving large commercial buses, as well as, Illinois trucking accidents. Operators of large commercial vehicles have an increased responsible to safely operate their vehicles – some of which often weigh up to 80,000 pounds – in order to prevent serious and debilitating accidents from occurring. When commercial vehicle operators act in a negligent way that causes an accident, they may be held legally liable for the damages sustained. If you or a loved one has been harmed as a result of a commercial vehicle accident, please contact our experienced accident attorneys to see what legal rights may be available to you.

January 28, 2012

IDOT Implements Interstate Safety Barriers

A Chicago truck accident lawyer at our firm read a news report earlier this week detailing new safety measures taken by the Illinois Department of Transportation to improve interstate highway travel. According to the news report, published on NewsTrib.com, the Illinois Department of Transportation plans to construct center-median cabling from Utica to the Fox River alongside Interstate 80.

The project, which should be completed this coming summer, is designed to prevent tragic motor vehicle – including Illinois trucking accidents – in which these vehicles cross the grassy median and collide into oncoming traffic. An additional design aspect of the cable medians is to slowly stop out of control large commercial vehicles and passenger vehicles. The safety measure is currently in use along Interstate 80 from Marseilles to Seneca and has been proven highly effective.

The Illinois Department of Transportation spokesman released a statement in light of the future implementation, stating that cable median barriers are significantly reducing cross-median crash and overall saving lives in Illinois. Previous accident statistics provided by the Illinois Department of Transportation revealed that in 2009, over 55 motor vehicle accident occurred between the stretch of interstate from La Salle to Ottawa. In 2010, there were a reported 59 motor vehicle accidents and one documented fatality on the same stretch of highway.

Our Chicago trucking accident lawyers learned that the safety project intends to complete most of the construction work during the daylight hours this summer, while majority of the construction-truck traffic and paving work will be completed during the nighttime in an effort to eliminate traffic congestion and risk. The safety measure is a part of an overall 5-year plan constructed by the Illinois Department of Transportation.

Our accident lawyers in Chicago are pleased to learn about such beneficial roadway safety measures being implemented on our busy Illinois roadways. Cross median traffic accidents have proven to be a significant source of fatalities each and every year. With recent accident statistics provided by the Fatality Analysis Reporting System, there are approximately 366 fatal cross median head-on motor vehicle accident accidents each year on our nation’s roadways. Although this number seems relatively small compared to most other traffic accident statistics, cross median crashes tend to be extremely severe and life-threatening.

If you or a loved one has been injured or killed in an Illinois trucking accident, please contact our experienced accident attorneys to see what legal rights and representation may be available to you.

January 27, 2012

Illinois Driver Ticketed for Collision Involving Semi

Earlier today, the Belleville News Democrat Online posted a report detailing a particularly devastating Illinois trucking accident that resulted in three individuals sustaining severe personal injury. According to the news report, the accident transpired when the 21 year-old driver of a passenger vehicle collided into the rear end of a large semi tractor-trailer while traveling southbound on Interstate 255 near Dupo, Illinois. The passenger vehicle driver, as well as, his two passengers all required advanced medical attention for the severe injuries they sustained in the crash that caused the vehicle to become smashed beneath the large commercial vehicle.

According to Illinois authorities, the driver of the semi truck informed police that he was on the right shoulder of Interstate 255 and was using the shoulder to gain speed to merge into traffic on the interstate highway when he was rear-ended by the passenger vehicle. In the passenger vehicle driver’s statement to authorities, he revealed that he was unable to remember if he was traveling in the center lane or right lane before he struck the commercial vehicle. The motor vehicle driver admitted that he looked down at the radio seconds before the tragic collision and did not recall seeing the truck before the crash.

Our Illinois truck accident attorneys learned that a witness at the accident scene told police that he observed the 21 year-old driver pass his vehicle in the right lane when he witnessed the semi truck using the shoulder of the interstate to gain speed before merging with traffic. The witness revealed that the truck had merged into the right lane of the roadway for at least seven second before the passenger vehicle collided into the large commercial vehicle. Subsequently, as a result of the accident in which three individuals sustained substantial serious injuries, the driver of the motor vehicle has received a citation for failure to reduce speed to avoid an accident.

While our Illinois truck accident blog frequently discusses the tragic consequences that often result from semi truck collisions caused by truck driver error, many times drivers of passenger vehicles are found to be responsible for these devastating collisions involving large commercial vehicles that often weigh upwards of 80,000 pounds. Our Chicago truck accident attorneys continue to urge readers to exercise safe driving habits each and every time a motor vehicle is operated in order to help reduce and eventually eliminate the injuries and fatalities associated with motor vehicle accidents.

January 26, 2012

Distracted Driving a Continued Hot Topic for Debate

Earlier this week, American.com released an opinion article which detailed the frequently discussed topic of distracted driving. In an area which affects both the truck industry, as well as, the general public, the subject of driving while talking or texting on a cellular phone has been subjected to various laws enacted by numerous states. In one of our previous posts, our Illinois truck accident blog discussed the recent announcement that was made by the National Traffic Safety Board which recommended that all states ban drivers from using a portable electronic device while operating a motor vehicle. Despite this recommendation, there is no state that currently bans the use of hands-free telecommunication devices for drivers.

Although there is no outright ban of cellular telephone use for drivers, numerous states have enacted several pieces of legislation which regulates electronic communication use. According to the Governors Highway Traffic Association, 35 states currently ban texting while driving, all the while nine states forbid hand-held cell phone use by drivers of motor vehicles and 30 states prohibit all cellular communication for new drivers. When it comes to regulating such a substantial issue that affects nearly all drivers, any Chicago truck accident lawyer will tell you that it is important to look at the numerous studies that have been conducted to determine the risks associated with cellular device use and driving.

In July 2009, a study was conducted by the Virginia Tech Transportation Institute which revealed that texting while driving increases the probability of a motor vehicle accident by 20 times while dialing a cellular telephone increases the risk of a collision by 2.8 times. Overall, the study concluded that the most consequential factor in determining the likelihood of a motor vehicle accident is whether or not the operator of the vehicle keeps their eyes on the road. Similar statistics were gathered by the National Highway Traffic Safety Administration in 2010 where it was revealed that of the 32,800 motor vehicle fatalities reported that year, over 3,000 were attributed to driver distraction. The study labeled driver distraction as: driver cell phone use, texting while driving, eating, drinking, using in-vehicle technology, as well as, conversing with passengers.

Unfortunately, our Chicago truck accident attorneys learned that although numerous states have enacted legislation which bans texting while driving, the issue of comparing cell phone use to texting as a primary source of driver distraction is limited given that there is no empirical evidence to support this claim. Currently, federal regulatory agencies lump the two categories together making it impossible to distinguish accident statistics between the two. The news article points out that the sooner nationwide legislation is enacted to prevent dangerous driving habits, the sooner our roads will become a much safer place to travel.


January 25, 2012

Truck Driver Faces Criminal Charges for DWI and Drug Possession

Yesterday, a Chicago truck accident lawyer at our firm read a news report detailing the criminal charges a large commercial vehicle driver faces for possession of drugs and operating while intoxicated over the past weekend. According to an article posted on YourHoustonNews.com, local authorities initially pulled the truck driver over after he was seen driving erratically down a city street. Despite multiple attempts by the police to pull over the driver, the vehicle kept weaving and refrained from pulling over for more than three blocks.

Upon stopping the semi tractor-trailer, it was reported that the semi truck driver struggled when exiting the commercial vehicle and ultimately fell out of the truck’s cab. Upon a brief investigation and an apparent strong odor of alcohol being emitted from the driver, he was arrested for suspicion of driving while intoxicated. It was later revealed after administering a blood alcohol test that the truck driver had a blood alcohol level of .163 – more than twice the legal limit.

Our Chicago trucking accident attorneys learned that an additional investigation in the driver’s truck was conducted where it was revealed that the truck driver had a large clear plastic bag containing multiple pills. The authorities currently believe the pills to be Ambien, Xanax, as well as, Dicyclomine Hydrochloride. The truck driver now faces misdemeanor charges of DWI, possession of a controlled substance, in addition to, three misdemeanor counts of possession of a dangerous drug. The truck driver is currently being held on bonds totaling $25,000.

Although no individuals were injured as a result of the semi truck driver’s intoxicated operation, often times when a large commercial vehicle driver operates in a manner that deviates from the laws mandated by both federal and state governments, the results are often devastating and fatal. Recently, our Chicago accident attorneys settled a case involving an Illinois trucking accident where illegal substances played a primary role in a fatal accident.

In a case where it was revealed that a semi truck driver was operating under the influence of marijuana, as well as, an overloaded tractor-trailer – our attorneys obtained a $6.5 million settlement on behalf of a Huntley family whose passenger vehicle was struck by the commercial vehicle driver. The accident fatally injured a 32 year-old woman and caused substantial personal injury to her husband and son. The driver’s trucking carrier was also found negligent by violating federal regulations which mandate that truck owners administer drug-screenings, as well as, background checks on all their drivers.

January 24, 2012

Traffic-Related Fatalities on the Decline

The National Highway Traffic Safety Administration recently released a report which revealed that traffic-related fatalities for the first half of 2011 have decreased overall by 1 percent. According to a news article published earlier today by DetriotNews.com, the slight decrease has been attributed to the notion that many Americans are driving considerably less than in previous years. However, although Americans are driving less, the rate of deaths per mile traveled has seen a slight increase. A Chicago truck accident attorney at our firm learned that the fatality rate for the first half of 2011 was 1.04 fatalities per 100 million vehicle miles traveled, up from the 1.03 fatalities per 100 million miles traveled during the first six months of 2010.

Within the last month, the Department of Transportation has published its final traffic numbers for 2010. The statistics reveal that the number of individuals killed on our nation’s roadways fell 2.9 percent to 32,885 in 2010. These numbers are the lowest number of traffic-related deaths since 1949. The National Highway Traffic Safety Administration projects that traffic-related fatalities from January through June 2011 fell 0.9 percent to 15,060 – down from the 15,196 fatalities that were documented for the first half of 2010. The Secretary of the Department of Transportation believes that this decrease is due to safe driving practices that have been established for all drivers, including buckling up and refraining from operating while intoxicated.

Every Chicago accident lawyer at Levin & Perconti is pleased to learn that the number of traffic-related fatalities has seen an overall decrease in the recent years. Despite reports from the National Highway Traffic Safety Administration which reveal that the number of individuals injured in traffic accidents increased by 26,000 to 2.25 million in 2010, in addition to, an 11,000 increase to the number of pedestrians injured in traffic accidents, the overall decrease in fatalities is encouraging news. Often times, the most effective way to avoid a motor vehicle accident, including an Illinois trucking accident, is to remain attentive and adhere to traffic laws. Injuries sustained in motor vehicle collisions can be minimized or even eliminated when drivers exercise extreme caution during vehicle operation, especially during these difficult winter months.

If you have been injured in a motor vehicle accident, it is important to act quickly. Please contact our experienced Chicago accident lawyers for a free consultation to determine what legal rights may be available to you.

January 23, 2012

Lawsuit Filed after Fatal Dump Truck Accident

After a fatal trucking accident took the life of their daughter, the family of the accident victim has filed a lawsuit against numerous construction and trucking companies for their alleged role in the accident. According to a news report released earlier today on The Sacramento Bee Online, the fatal accident transpired in January of last year when the 35 year-old accident victim was crossing a pedestrian walkway only a block away from her home. The woman was walking across the cross walk when she was struck by a 21,000 pound dump truck. The devastatingly tragic accident continued as the woman was fatally severed in half upon collision and subsequently dragged by the dump truck.

In addition to the recently filed lawsuit alleging negligence and recklessness, our Chicago accident attorneys learned that the dump truck driver was arrested at the scene of the fatal accident and charged with multiple counts, including: failure to yield the right of way to a pedestrian in a crosswalk, as well as, driving with a suspended license. At the root of this tragic accident, the case raises serious concerns about the construction that was being conducted at the scene of the collision. According to the news report, the contractors are believed to have been cutting corners and regularly comprising the safely of the public and the roadway.

The complaint in this accident lawsuit alleges that the dump truck was being operated and controlled in an improper, reckless, and unskillful manner by an individual was a deficient driving record and in a manner that did not follow that driving route and other safety requirements that had been implemented by the contractors of the roadway. In order to save time and money, it is alleged that the dump truck driver and others working on the construction project had been permitting shorter, yet more dangerous routes for drivers to operate. An additional aspect of the lawsuit reveals that all of the defendants, both construction and trucking companies, were aware that dump trucks hauling excavated material from the construction zone were not adhering to the designated truck routes.

When these types of devastating accidents occur, it is important to have the utmost legal experts on your side. If you have been injured in an Illinois trucking accident or have lost a loved one at the hands of negligent driver, please contact our accident lawyers in Chicago to see what legal rights, representation and relief may be available to you.


January 22, 2012

Illinois Trucker Encourages Motorists to Share the Road

Our Chicago truck accident attorneys recently read a news report posted on STLToday.com containing an interview with a veteran truck driver who discussed the various aspects of the trucking industry, including the most problematic – sharing the road with passenger vehicles. The 51 year-old large commercial vehicle driver, who frequently transports cargos of gasoline, reveals many of the problems he faces each day on the road and shares what motorists can do in order to participate in safe travel on our nation’s roadways.

In a question and answer-type interview, the trucker discloses that the most dangerous thing a passenger vehicle driver can do while traveling around a large commercial vehicle is to cut off a semi truck. Given that commercial vehicles take considerably longer to brake, it is extremely hazardous to cut off a truck. The semi truck driver encourages motorists to learn the dangers associated with driving a large tractor-trailer and to avoid tailgating and cutting off the vehicle at all costs. Often times, these large trucks are traveling slower because they are transportation very large and very heavy cargos, in addition to, ensuring that safety is a top priority.

However, the tractor-trailer driver admits that in addition to questionable driving behavior of passenger vehicle drivers, truck drivers are often guilty to dangerous driving behavior. The trucker reveals that there are a number of semi truck drivers on our roadways who are not very good drivers and should not even be operating on the roads.

Our Chicago truck accident lawyers learned that the semi truck driver recommends the following safety precautions for smaller passenger vehicles when traveling near or around large commercial vehicles:
- Stay out of a semi truck’s blind spot
- Refrain from staying around a truck – if you’re going to pass a truck, pass and go
- Never tailgate
- Always watch a truck’s signals to make sure of their intentions

Our Illinois truck accident attorneys continue to urge our readers to drive carefully around large commercial vehicles. Collisions involving large commercial vehicles, whether through the fault of the passenger vehicle driver or a semi truck driver, can cause substantial property damage, personal injury, or even death. If you or a loved one has been involved in any type of motor vehicle accident, including an Illinois trucking accident, please contact our experienced accident attorneys for a free consultation to determine what legal rights and relief may be available to you.

January 21, 2012

1 Dead – 4 Injured in Illinois Trucking Accident

Late Friday evening, a fatal Illinois trucking accident occurred on Interstate 64 in southern Illinois, resulting in one death and five injuries. According to the news report, the interstate highway was particularly icy yesterday evening, causing a substantial threat to the roadways. The three-car accident transpired when a semi tractor-trailer struck a passenger vehicle – subsequently killing a backseat passenger of the motor vehicle and sending the car’s driver and three other passengers to the hospital for non-life threatening injuries. An additional passenger vehicle was also involved and injured in the trucking collision. The semi truck driver remained uninjured in the accident. Local authorities are attributing the crash to the severe weather and no citations have been issued as of press time.

Illinois winter weather often causes an increasing number of motor vehicle accidents, particularly Illinois trucking accidents. Under current trucking rules and regulations, semi truck drivers are required to change their driving habits in order to adapt with weather and roadway conditions. However, a number of drivers continue to operate in a careless manner, even on snowy and icy interstate highways. According to the Federal Motor Carrier Safety Administration, truck accidents have continued on the rise in the past few years. In 2010, there were over 500,000 trucking accidents that resulted in serious injury, while 5,000 resulted in fatality.

Each and every year, our experienced accident lawyers in Chicago provide legal representation to the victims of any and all types of motor vehicle accidents, including Illinois trucking accidents. Our attorneys recently obtained a $6.5 million settlement on behalf of a Huntley, Illinois family who sustained a particularly devastating loss and substantial injuries as the direct result of a negligent semi truck driver. During the crash investigation, it was revealed that in addition to the semi truck driver’s excessive speed, the driver was also under the influence of marijuana and operating an overloaded trailer at the time of the fatal accident.

If you or a loved one has been involved in a collision involving a large commercial vehicle, it is extremely important to have knowledgeable legal professionals working on your case. Our Chicago trucking accident lawyers will help evaluate your case and determine the best course of civil legal action. Personal injuries or wrongful death claims often cause substantial hardship and our Illinois truck accident attorneys ensure that our clients obtain the maximum compensation for damages incurred as the result of a semi truck collision, as well as, hold the wrongdoer accountable for their negligent conduct.

January 20, 2012

FMCSA Releases New Truck Driver Regulations

Earlier today, HuffingtonPost.com released a news report which detailed the enactment of several new rules pertaining to commercial vehicle drivers. After completing numerous public listening sessions, the Federal Motor Carrier Safety Administration has decided to reduce the hours of service a large commercial vehicle driver is legally permitted to operate in a seven day work period from 82 hours to 70 hours. Our Chicago truck accident attorneys learned that the implementation of these new rules comes in light of numerous government agencies overall goal to ensure that truck drivers get enough rest in order to safely operate.

A Chicago truck accident lawyer at our firm read that the Federal Motor Carrier Safety Administration Administrator released a statement which reveals that this final rule is the culmination of the most extensive and transparent public outreach effort in the agency’s history. It was additionally revealed that the Federal Motor Carrier Safety Administration encompassed many resources, including input from the trucking community, as well as, the latest scientific research to create a rule which recognizes that when commercial vehicle drivers are adequately rested and alert, the safety of our roadways substantially increases.

Additional aspects of the rule require that semi truck drivers must take a break of at least 30 minutes after working eight hours straight. Drivers are also permitted to take 30 minute breaks anytime they need to during the first eight hours of driving. The Federal Motor Carrier Safety Administration’s rule states that drivers can drive up to 11 hours per day, such as the previous rule permitted, although the agency will continue to thoroughly research the dangers of the 11 hour per day rule before a change will be implemented in that aspect. Drivers and trucking carriers found in violation of these new rules will be subjected to financial repercussions.

Each Chicago accident attorney at our firm commends the efforts of the Federal Motor Carrier Safety Administration to help make our roadways substantially safer against devastating semi truck accidents. With fatigued semi truck driving plaguing our roadways and causing an estimated 755 fatalities, as well as, 19,700 injuries each year – according to the FMCSA – new rules and regulations must be enacted to help save lives on our nation’s roadways. If you or someone you know has been involved in any type of motor vehicle accident, please contact our Chicago trucking accident attorneys. Our attorneys will provide a free consultation to help determine what legal rights may be available to you.

January 19, 2012

Truck Accident Lawsuit Settled for Undisclosed Amount

With just a month shy before its trial date, a tractor-trailer accident lawsuit has been settled for an undisclosed amount, according to a report posted on BillingsGazette.com. A Chicago accident lawyer at our firm recently read the news report which detailed the fatal accident and its subsequent settlement. The accident initially transpired on the early morning of December 5, 2009.

According to the lawsuit, the semi truck driver had been operating for over 11 straight hours when the driver lost control of his commercial vehicle. The truck consequentially rolled over on its side, causing the commercial vehicle to partially block the northbound lanes of the interstate highway.

According to local authorities, the semi truck driver told police that he lost control of his vehicle when he attempted to veer in order to avoid striking a deer. Our Chicago truck accident lawyers learned that post-collision, state troopers surveyed the area and were unable to find any animal tracks in the snow. Shortly after the overturn of the semi truck, a charter bus collided into the commercial vehicle.

The 61-year-old charter bus driver was killed instantly and over 28 passengers of the bus required advanced medical attention for broken bones and lacerations. The widow of the bus driver filed the truck accident lawsuit alleging that the semi truck driver failed to use flares or emergency triangles to alert drivers that his commercial vehicle was blocking the roadway.

Additional aspects of the lawsuit named the semi truck driver’s trucking carrier as a defendant. It was alleged that the trucking carrier hired the semi truck driver under the knowledge that the driver had previously obtained multiple traffic citations in his past. In addition to the settlement of the lawsuit that stems from the death of the charter bus driver, subsequent lawsuits have also been filed on behalf of the passengers of the bus.

The passengers of the charter bus assert that the 61 year-old bus driver contributed to the horrific collision because the bus driver was driving too fast for roadway conditions and appeared distracted during vehicle operation. Our Illinois accident attorneys learned that one passenger of the charter bus even approached the bus driver with his concerns over unsafe vehicle operation, but was told to return to his seat of get kicked off the bus.

Given the severe nature of Illinois trucking accidents, it is important to obtain knowledgeable and experienced legal aid if you have been injured in an accident or have lost a loved one at the hands of a negligent driver. Please contact our attorneys at Levin & Perconti for a free consultation to help determine what legal rights may be available to you.


January 18, 2012

Truck Driver Cited for Highway Jackknife Incident

Our Chicago trucking accident lawyers recently read a news report posted on MLive.com detailing a semi tractor-trailer accident which shut down an interstate highway for several hours. According to local authorities, the trucking accident transpired when the large commercial vehicle lost control on the snow and ice covered roadway. The truck subsequently jackknifed, causing the vehicle’s trailer to collide into the truck’s cab. The collision caused the truck’s fuel line to begin expelling its contents and the large commercial vehicle ultimately became stuck into the highway’s median. The highway remained closed for over 5 hours while highway work crews cleaned up the scene. Fortunately, no one was injured as a result of the accident. The driver of the semi truck received a citation for driving too fast for conditions.

A jackknife accident is a type of large commercial vehicle accident that commonly transpires and often results in substantial damage and harm. A jackknife occurs when a semi truck comes to a sudden stop and the cab of the commercial vehicle continues the forward momentum. This ultimately causes the truck’s cab to move horizontally across the roadway. This can be especially dangerous given that many large commercial vehicles may weigh up to 80,000 pounds. According to a study conducted by the National Highway Traffic Safety Administration, approximately 10% of large commercial vehicle occupant fatalities are attributed to a jackknife-style type of accident. Additional research revealed that the likelihood of a jackknife fatality substantially increases when there is a speed limit of 55 or above, questionable weather conditions, and/or a curved road.

More often than not, there are some motor vehicle accidents that cannot be avoided. One the other hand, when someone is seriously or fatally injured in an accident caused by careless driving, the driver should be held legally liable for any damages that subsequently result. Large commercial vehicle drivers are required to adhere to a standard of care that requires them to operate their vehicles safely in order to avoid accidents. When that standard of care is violated by a factor such as driving too fast for conditions and an accident ensues, the driver and their trucking company may be held liable for negligence if the victim sustains injury. If a death results at the hands of a careless or negligent driver, a wrongful death lawsuit may be filed against the truck driver, as well as, his/her trucking carrier. If you have been involved in an Illinois trucking accident, please contact our Chicago accident lawyers for a free consultation to see what legal rights may be available to you.

January 17, 2012

Congress to Discuss National Truck Weight Limits

Within the upcoming months, Congress will be conducting debates over the various areas of transportation. A Chicago truck accident lawyer at our firm read an article posted on NLC.org which detailed that one of the most highly debated topics will involve the discussion of national truck weight limits. Under the current weight limits that were implemented in 1991, a large commercial vehicle is restricted to an 80,000 pound weight limit on all interstate highways. In the past several years, lawmakers have introduced legislation that would preserve the current maximum weight limit much to the dismay of numerous naysayers who advocate for heavier trucks.

Critics of the 80,000 weight limit argue that by allowing heavier trucks would ultimately mean fewer large commercial vehicles to move the same amount of products and goods. Therefore, they argue, that fewer trucks on our nation’s roadways would increase the overall highway safety. On the other hand, there are an overabundance of individuals and lawmakers who are strongly against the increase in large truck weight limits. Those who oppose an increase in weight restrictions argue that heavier commercial vehicles are extremely difficult to control and stop.

Additional criticisms of heavier trucks concern the immense amount of damage that a large commercial vehicle has on our nation’s roadways and bridges. Our Chicago truck accident attorneys read that an estimated 23,550 of the 116,523 bridges on the National Highway System are rated as structurally deficient or functionally obsolete, according to the United States Department of Transportation’s Federal Highway Administration. In response to the immense need to save our roadways from continued damage, a bill titled The Safe Highway and Infrastructure Preservation Act, had been proposed by both the House and the Senate.

The Safe Highway and Infrastructure Preservation Act cites a study that was conducted in Illinois which revealed that by raising a large trucks weight limit from the current 80,000 pounds to the proposed 97,000 pounds would ultimately cause an overall $162 million in damages to highways … in addition to the current wear and tear on roadways and bridges. Our Illinois accident attorneys read that subsequent legislation has been proposed by those for the in favor of the increased weight limit. The bill would allow for trucks weighing up to 97,000 pounds to operate on federal highways, as well as, give states across the country the option to increase their weight limits if they deem it appropriate or necessary.

January 16, 2012

Drugs Connected in Semi Truck Accident

The driver of a semi tractor-trailer who caused a fatal trucking accident earlier this week is faced with preliminary charges of driving while intoxicated causing a serious bodily injury, according to TheStarPress.com. According to the news report, the accident transpired when the 52 year-old semi truck driver, hauling a cargo of grain, collided into a pickup truck being driven by an 82 year-old man along an interstate highway. The driver of the pickup truck required advanced medical attention and had to be flown by medical helicopter to an area hospital. He remains in an intensive care unit for injuries sustained but it believed to be in stable condition.

Our Chicago truck accident attorneys read that witnesses saw the semi truck driver enter the roadway’s intersection, blowing through a red light, before colliding into the accident victim’s vehicle. Crash scene investigators revealed that they found no evidence that the truck driver made any attempt to apply his brakes or maneuver to avoid hitting the pickup truck. According to the police report, a blood test further revealed that the truck driver had meth, marijuana, as well as, amphetamines in his system prior to the accident. It was later discovered that the truck driver had a tube containing meth in his shirt pocket; a pipe and a plastic bag both containing marijuana found in a nearby field, as well as, a plastic container containing more meth in a nearby parking lot.

A witness at the scene told authorities that he witnessed the truck driver walking into a field prior to the devastating accident and “throwing items” which was later revealed to be various amounts and types of illegal substances. The truck driver has been preliminarily charged with driving while intoxicated causing serious bodily injury, a violation with is deemed a Class D felony. The charge may ultimately carry a standard 18-month prison term. The driver is currently being held in jail under a $5,000 bound. The 52 year-old is also expected to face additional drug-related charges.

Our Chicago trucking accident lawyers share widespread knowledge when handling civil cases involving Illinois trucking accidents in which marijuana or other drug use played a contributing factor in a devastating accident. Recently, we obtained a $6.5 million settlement on behalf of an Illinois family who sustained severe injury and loss as the hands of a negligent semi truck driver. During the investigation process, it was discovered that at the time of the accident, the semi truck driver was under the influence of marijuana, as well as, operating an overloaded tractor-trailer.

January 15, 2012

Driver Faces Criminal Charges in Fatal Truck Accident

FoxToledo.com reports that a 78 year-old driver of a large commercial vehicle has been charged with vehicular homicide for his role in a fatal truck accident that occurred earlier this week. According to the police report, the semi truck driver admitted that he failed to see the 16 year-old accident victim’s pickup truck before he slammed his commercial vehicle into the motor vehicle upon making a left-hand turn. The accident victim was pronounced dead at the scene shortly after the accident. If convicted, the driver of the semi truck may face up to six months in jail, as well as, a fine of up to $1,000.

Although the news report does not confirm whether or not the family of the 16 year-old accident victim wishes to seek civil legal action against the semi truck driver and his trucking carrier, from the experience of a Chicago truck accident lawyer, the family may have a cause of action for a wrongful death lawsuit. Wrongful death lawsuits are claims on the basis that the wrongful or negligent conduct of another caused a premature death. The family of the deceased may be able to obtain damages that occurred as a direct result of the accident, such as medical, funeral, as well as, burial expenses.

Our Illinois trucking accident blog frequently discusses the adverse consequences that often result from collisions involving 80,000 pound commercial vehicles. A number of efforts must be taken in order to reduce the substantially high number of injuries and fatalities that occur from the negligent operation of large commercial vehicles. Unsafe truck driving, whether it is through cell phone use, driver fatigue, or operating an unsafe commercial vehicle, poses a severe threat to the safety of all roadway users. With over 416,000 semi trucks involved in collisions each year, according to the National Highway Transportation Safety Administration, negligent drivers and their carriers must be held responsible for thousands of injuries and fatalities that result.

If you or someone you know has been injured or killed in an Illinois trucking accident, please contact our Chicago truck accident attorneys. Our experienced accident lawyers will provide a free initial consultation to help determine what legal representation may be available to you. Harm resulting from another’s negligence should never be dealt with alone and our attorneys will ensure that clients will receive compensation for the injuries sustained, as well as, hold wrongdoers accountable for their negligent conduct.

January 14, 2012

Lawsuit Filed in Fatal Bus Accident

A Chicago truck accident lawyer at our firm recently read a report on JusticeNewsFlash.com detailing a lawsuit that has been filed on behalf of a bus accident victim. The accident transpired in early 2010 when a 79 year-old man was using his walker while crossing in a city crosswalk when he was struck by a city bus driver who was making a left turn. According to the police report, the 57 year-old bus driver was allegedly stopped at the city’s transit facility and was pulling of the facility when the fatal accident occurred. It was later determined by local authorities that the bus driver was found to be at fault for the fatal accident for “failing to yield the right of way to a pedestrian crossing within a marked crosswalk.”

As a result of the devastating accident, the family of the 79 year-old accident victim has filed a lawsuit naming the bus driver, as well as, the bus company as defendants. The lawsuit seeks $500,000 for the bus accident which left the 79 year-old man was a head injury where he subsequently remained in a coma in the hospital for well over two months until his death on April 5. As a result of the pedestrian accident, the victim’s family spent at least $427,000 in medical, funeral and burial expenses. In addition to the bus accident lawsuit, the state prosecutor has filed vehicular manslaughter charges against the driver of the city transit bus.

Families of the victims of these types of devastating accidents are often able to seek legal relief from the damages incurred as a direct result of the premature death of their loved one. Any Chicago truck accident attorney will tell you that through civil litigation, accident victims and their families can be compensated for the harm they have sustained due to another’s negligence. These damages commonly include, but are not limited to: cost of medical expenses, loss of wages, physical and emotional pain and suffering, in addition to punitive damages that aim to punish the wrongdoer’s negligent behavior.

Those who knowingly commit negligent acts, whether it is the bus driver or their bus company, must be held legally liable for the harm they have carelessly inflicted on their accident victims. In these types of complex cases, it is often important to seek the legal aid of experienced accident attorneys in Chicago. If you or a loved one has been injured or killed in a motor vehicle accident, please contact our Illinois accident lawyers to see what legal rights and relief may be available to you.

January 13, 2012

Peoria Man Killed in Snow-Related Truck Accident

Yesterday, PJStar.com reported a fatal Illinois trucking accident that took the life of a 34 year-old Peoria man early Thursday morning. The news report reveals that the accident transpired when the accident victim was traveling west on Illinois Route 17 when his passenger vehicle spun sideways in the snowy roadway and collided into an oncoming semi tractor-trailer traveling eastbound. Subsequently, the accident caused both of the vehicles to travel off the roadway and enter an embankment on the south side of the highway. Although reports state that the passenger vehicle driver was wearing a seat-belt at the time of the accident, he was pronounced dead at the scene. The 51 year-old driver of the commercial vehicle required advanced medical attention for minor injuries sustained. The accident currently remains under investigation.

Our Chicago truck accident lawyers also read an additional report posted on PJStar.com which detailed another fatal accident that transpired yesterday on Fulton Country Highway 2. According to the news article, a 56 year-old Ellisville man was pronounced dead at the scene of a single-vehicle accident along the county highway. The details of the accident, which transpired at around 6:30 in the morning, have not been made available as of press time. Authorities from the Peoria Police Department released collision alerts in response to the adverse roadway conditions, encouraging motorists to exchange personal information in the event of a non-injury resulting motor vehicle accident with minor damages.

There are approximately over 6 million motor vehicle crashes that transpire each year in the United States, of which twenty-four percent (or 1,511,000) are attributed to weather related conditions. According to the Federal Highway Administration, snow and/or sleet causes roughly 225,000 motor vehicle accidents each year. Of the 225,000 accidents, 70,900 result in personal injury while 870 cause premature fatality.

With all considered, motorists must protect themselves from the immense dangers that surround driving during harsh winter conditions. The Illinois State Police website recommends that drivers ensure that their motor vehicle is adequately prepared for winter related driving situations by checking the following vehicle parts:
- Fuel system
- Ignition system
- Brakes
- Exhaust system
- Wiper blades
- Tires/Tire Pressure
- Defrosters
- Battery Life

If you or a loved one has been injured or killed in an Illinois motor vehicle accident, please contact a Chicago truck accident attorney to see what legal rights and relief may be available to you.

January 12, 2012

Illinois Route 4 Site of Fatal Trucking Accident

Earlier today, our Illinois accident attorneys read a report on KSDK.com detailing a fatal Illinois trucking accident that took the life of a passenger vehicle driver. According to local Illinois authorities, a passenger vehicle was traveling southbound on Illinois Route 4 near Weber Road when the vehicle crossed the center line of the roadway and collided head-on into a semi truck. The collision resulted in the immediate fatality of the passenger vehicle driver, while the driver of the large commercial vehicle remained unharmed.

A subsequent accident resulted shortly thereafter involving an SUV and a pickup truck who were trying to avoid the first accident which the vehicles collided head-on. The drivers of both vehicles required advanced medical attention for non-life threatening injuries. Our Chicago accident lawyers read that authorities are continuing to remind drivers to driver with extreme caution due to the inclement weather conditions.

In order to avoid a recurrence of a devastating accident on our busy Illinois roadways, our accident lawyers in Chicago encourage readers to follow important and life saving tips for driving in the snow and ice provide by WeatherChannel.com:

Tips for Driving Safely on Icy Roads:
- Lower your speed and give yourself plenty of room in between vehicles in order to stop. Rule of thumb is to allow at least three times more space than usual between you and the vehicle in front of you
- Brake slowly in order to avoid skidding. If your wheels began to lock up, let off the brake
- Turn on your headlights to increase your visibility to others
- Keep your headlights and windshields clean
- Never pass snow plows or sanding trucks.
- Use low gears in order to keep traction, especially on hills
- Remain especially careful on bridges, overpasses, as well as infrequently traveled roads.
- Never assume that your motor vehicle can handle all conditions. Even four-wheel and front-wheel drive vehicles can encounter issues during winter weather

Given the upcoming months of severe weather and snow, every Illinois accident lawyer and Levin & Perconti continues to encourage safe driving habits for drivers of all types of motor vehicles. If you have been injured in a motor vehicle accident or have lost a loved one at the hands of a negligent driver, please contact our experienced Chicago truck accident lawyers to see what legal rights and relief may be available to you.

January 11, 2012

Chebanse Semi Truck Rollover Closes 1-57

Yesterday, an Illinois trucking accident briefly closed down a part of Interstate 57 during the early morning hours. According to a report posted on Daily-Journal.com, a semi truck hauling a cargo of produce was traveling along the interstate highway when the large commercial vehicle rolled over near Chebanse. Fortunately, the 62 year-old driver of the semi tractor-trailer remained unharmed and no other vehicles were involved in the rollover accident. The semi truck accident caused all northbound lanes of Interstate 57 to remain closed for several hours and traffic was required to be rerouted. The cause of this accident remains unknown and no citations have been issued to the semi truck driver as of press time.

In 2002, a study was conducted by the Carolina Transportation Program which thoroughly examined large truck rollover accidents and the severity of injury that often results from these types of devastating accidents. The study revealed that often times society pays a high cost for truck crashes by means of operational disruptions, injuries, as well as, loss of life. In terms of large truck rollover accidents, of the 700 commercial vehicle occupant fatalities that occur annually, approximately 400 involved large truck rollover accidents. More often than not, a number of contributing factors play a role in determining the cause of these accidents. These factors include truck driver behaviors, vehicle factors, in addition to, crash events.

Through the study, our Chicago trucking accident attorneys found that dangerous truck driver behaviors include the following:
- Speeding
- Reckless driving
- Driving under the influence of alcohol/drugs
- Fatigued driving

In recent years, fatigued driving is one of the most notable causes of semi truck accidents due to driver error. The study revealed that driver fatigue and long driving hours has been shown as primary risk factors in trucking accidents. The study found that almost three-fourths of the truck drivers who participated in the survey admitted to violating federal mandated hours of service rules. Drivers who violated the hours of service rule frequently attributed their violation due to economic factors, such as: tight delivery schedules and low payment rates, in addition to, driver, job, and vehicle characteristics.

Despite rationale for contributing factors that lead to the occurrence of semi truck accidents, any Chicago truck accident lawyer will tell you that there is never any excuse for the careless operation of large commercial vehicles that often weigh up to 80,000 pounds. If you have been harmed in a semi truck accident, please contact an experienced accident lawyer in Chicago to see what legal rights and relief may be available to you.

January 10, 2012

Dangerous Intersection to be Studied by IDOT

Rockford Register Star Online recently released a report detailing a new safety study that will be implemented by the Illinois Department of Transportation. According to the news article, the Illinois Department of Transportation will conduct a study which will evaluate whether or not safety upgrades are necessary for the notable dangerous intersection of U.S. 20 and Mill Road in Illinois. With the hazardous intersection accounting for well over 34 accidents within the past three years, those of which have ultimately resulted in six injuries and one fatality, the study aims at implementing new safety measures such as lower speed limits, as well as, additional types of traffic signals.

Our Chicago truck accident attorneys read that this study developed as a result of a written petition that was created by residents of Cherry Valley, Illinois. The petition was signed by more than 1,000 residents who pleaded with the Illinois Department of Transportation to implement the study. In the petition, the residents encouraged the agency to adopt a reduced speed limit of 50 mph, as well as, installing a large “Prepare to Stop When Flashing” sign with yellow lights right before the intersection at U.S. 20. Currently, the intersection is controlled by four-way stoplights and yellow strobes which alert eastbound and westbound traffic.

The news report reveals that the Illinois Department of Transportation had conducted a previous research a number of years ago in early 1990 as the result of a devastating school bus accident that transpired at the intersection. The bus accident injured several school-children and the subsequent safety study of the intersection resulted in major renovations of the intersection. Unfortunately, many Cherry Valley residents insist that despite previous renovations, additional renovations must be made to the intersections in order to make it even safer.

According to the Illinois Department of Transportation’s Illinois Highway Statistics Sheet that was completed in 2010, there are roughly over 8.80 million licensed drivers in the state of Illinois traveling approximately 57,995 million miles per year; it is easy to see how accidents can often easily transpire on our busy roadways. Current Illinois accident statistics reveal that as of December 31, 2011, there was an estimated 829 fatal traffic accidents which resulted in over 911 fatalities. If you have been injured in a motor vehicle accident or have lost a loved one in an Illinois trucking accident, please contact our Illinois truck accident attorneys to see what legal rights may be available to you.

January 9, 2012

$7.85M Settlement Awarded in Bus Accident

A Chicago accident lawyer at our firm recently read a news report detailing the settlement of a bus accident lawsuit. NJ.com reports that the devastating accident transpired in October 2008 when the 59 year-old accident victim was walking through a pedestrian crosswalk when she was struck by a city transit bus. The bus, which was being operating by a newly hired driver, ran over the woman’s legs and subsequently pinned her underneath the vehicle. According to the article, emergency medical personal described the woman’s injuries as the “worst they had ever seen.”

The accident victim was required to undergo an above-the-knee amputation to her left leg, in addition to, amputation to her right foot as a result of the bus accident. The woman also suffered traumatic brain injury and a fractured cheekbone that required numerous metal plates to be placed into her face. For 18 days, the 59 year-old was placed in intensive care and on a ventilator – requiring multiple additional surgeries that later led to her contraction of sepsis.

On Friday, a settlement was reached in the bus accident lawsuit and the 59 year-old was awarded $7.85 million dollars. Our Chicago truck accident attorneys read that the lawyer for the woman stated that the woman will receive the finest care available as a result of the settlement. Given the accident victim’s contraction of sepsis, she is unable to speak or stand. She presently requires a specialized wheelchair, lift, as well as, a mattress. The woman is currently bedridden in a rehabilitation center and will be moved to a private facility.

Given the severe nature of these types of accidents, it is important that accident victims obtain experienced legal aid in order to obtain the maximum compensation possible. Our accident attorneys in Chicago have extensively handled personal injury cases, such as the one previously mentioned, and have obtained successful settlements on behalf of our clients. Recently, our attorneys obtained a $1.25 million settlement on behalf of a 50 year-old woman who sustained multiple pelvic fractures, rib fractures, as well as, spinal transverse process fractures when she was struck by a city bus while walking through a crosswalk.

If you have been injured in an Illinois trucking accident or have lost a loved one at the hands of a negligent driver, please contact our experienced attorneys at Levin & Perconti to see what legal rights and relief may be available to you.

January 8, 2012

2 Injured in Illinois Collision Involving 3 Semi Trucks

The State Journal-Register Online reports that two men have been injured in an Illinois trucking accident involving three large commercial vehicles. According to the news article, the accident initially transpired when the first semi truck driver was traveling north on Interstate 55 near Clear Lake when he was “cut off” by a passenger vehicle. As a result, the semi truck driver veered his vehicle to the left – ultimately resulting in a collision into the roadway’s metal posts and cables that divide the highway. The second collision occurred when an additional semi truck that was traveling behind the first attempted to swerve to avoid the first truck that had pulled off to the right side shoulder of the highway.

After the subsequent second collision, the second semi truck became disabled in the left lane of traffic. A third large commercial vehicle was unable to see the disabled second semi truck and subsequently rear-ended the commercial vehicle. The drivers of the second and third semi trucks involved in the accident required additional medical attention for the injuries sustained as a result of the accident. Interstate 55 remained closed for approximately three hours following the trucking accidents. A Chicago truck accident lawyer at our firm read that the accident currently remains under investigation and no citations have been issued.

Although our Illinois trucking accident blog frequently discusses the standard of care that must be exercised by large commercial vehicle drivers to ensure safe operation and avoid devastating collisions, it is also important to remember that a passenger vehicle driver also has a duty to operate safely, especially around semi trucks. Despite the number of statistics that commonly prove that semi truck accidents transpire as a result of semi truck driver error, it is also important to note that driver error on behalf of a passenger vehicle driver is another extremely common cause of semi truck accidents.

Our Illinois truck accident lawyers continue to encourage safe driving habits, in addition to, defensive driving measures by drivers of all types of vehicles in order to avoid a potentially fatal accident, which include:
- Avoid a semi truck’s blind spot
- Adapt to roadway conditions and adverse weather
- Take extra caution at intersections
- Always wear a safety belt

If you or a loved one has been injured or killed in a motor vehicle collision, please contact our accident attorneys in Chicago to see what legal rights may be available to you.

January 7, 2012

Sleep Apnea Education Plays Important Role in Trucking Industry

Recently, our Illinois trucking accident blog posted a report which detailed the settlement of a trucking accident lawsuit. The $3 million settlement was awarded to the family of a man who died as the result of a devastating trucking accident that occurred in May 2010. The lawsuit marked the first time in which sleep apnea was acknowledged for playing a prominent role in a fatal trucking accident. During the course of the trial, it was found that in addition to the driver of the large commercial vehicle refusing to treat his diagnosed sleep apnea prior to the accident, the trucking company failed to ensure that follow up care was provided.

MarketWatch.com
reports that as part of the agreement of the trucking accident lawsuit settlement, the trucking carrier has agreed to implement a program that educates its employees in the area of sleep apnea and the dangers that will likely ensue by driving with the condition. Our Chicago truck accident lawyers read that when reinforcing sleep apnea education, it is important to distinguish to commercial vehicle drivers that as long as a driver treats their sleep apnea condition, they will not be subject to invalidation of their commercial driver’s license. Current policy in the trucking industry reveals that the Federal Motor Carrier Safety Administration does not require that commercial vehicle driver’s be tested for sleep apnea, despite the significant treat the condition poses.

Despite current statistics that show that almost one-third of all commercial vehicle drivers suffer from sleep apnea, the article points out that trucking companies must implement an effective sleep program that mandates companies to treat at-risk drivers, all the while remaining productive in the transportation industry. One group, called Sleep Health Center’s National Services Group, has garnered nationwide attention for their ability to guide transportation companies through policy development, sleep apnea program education, as well as, sleep disorder management in order to avoid the recurrence of devastatingly fatal trucking accidents.

The article points out that educating drivers on healthy sleep is extremely beneficial. Our Chicago trucking accident attorneys read that healthy and adequate sleep is imperative to a truck driver’s wellness and safety. Additionally, with more trucking companies implementing sleep apnea education systems, it has proven to lower overall healthcare costs and fatigued-related accidents. Overall, these types of programs seek the improve employee performance, retention, and most of all prevent additional fatal accidents that are attributed to the medical condition of sleep apnea.

January 6, 2012

Failure to Implement New Safety Requirements Could Prove Costly

The Federal Motor Carrier Safety Administration has put many states in a tough spot. According to an article posted on BillingsGazette.com, the agency requires that all states adopt new safety requirements for commercial truck drivers by January 30th or face a substantial 5 percent loss in federal highway funding. Our Chicago trucking accident lawyers read that currently officials in about one-third of all states nationwide have revealed that they may not be able to meet the end of the month deadline which requires that all interstate truck drivers submit medical approval forms to state licensing offices that proves they are in good health to drive large commercial vehicles. The information will in turn be entered into a national database, which will ultimately track invalid licenses and driving violations.

The article points out that only three states have implemented the new information system and as of December 31st, 10 additional states were in the final phase of testing. In order to adhere to the new safety requirements, one state has enacted a Federal Motor Carrier Safety Act Compliance law which requires more frequent confirmation of medical qualification certification. In previous years, the Commercial Drivers License Information System has been in operation that allows commercial driver’s license to transfer from state to state. The new regulations allows that a commercial vehicle driver’s medical information be transferred between states as well.

Previously, large commercial vehicle drivers were required by law to carry their wallet-sized medical cards on hand. With the implementation of the new information system, our Illinois truck accident attorneys read that it should eliminate the need for drivers to carry their medical cards. Despite the January 30 deadline that requires all state to comply with this federal law or face a significant cut in funding, the article reveals that the Federal Motor Carrier Safety Administration usually gives states a couple of years of leeway in order to let them catch up.

Our Chicago trucking accident attorneys know first-hand that when adequate steps are taken in order to improve traffic safety laws that pertain to large commercial vehicles, it has a substantial impact on preventing the hundreds of Illinois trucking accidents that occur each and every day on our busy roadways. When commercial vehicles are properly regulated at the federal and state level, it continues to encourage semi truck drivers to operate their vehicles with the utmost standard of care.

January 5, 2012

Semi Truck Accident Closes Down I-80

Recently, a Chicago truck accident lawyer in our office read a report on MorrisDailyHerald.com detailing a collision between two large commercial vehicles that shut down Interstate 80 near Minooka, Illinois. According to the news report, the accident transpired when a semi tractor-trailer that had been previously disabled alongside of the roadway attempted to re-enter the interstate highway. Upon entering the roadway, the semi tractor-trailer struck another semi truck that was traveling on the roadway – ultimately pushing both vehicles into the interstate’s median.

The semi truck driver who caused the collision remained unharmed while the driver of the second commercial vehicle required advanced medical attention and has been treated for non life-threatening injuries. Both of the semi tractor-trailers sustained serious damage to the vehicles as a result of the accident and had to be towed. The accident caused eastbound Interstate 80 near mile marker 124 to remain closed for over an hour and a half while roadway crews cleaned the wreckage. The driver has been cited for improper parking on a roadway, as well as, failing to yield for merging traffic.

According to the Illinois vehicle code, an article found within the Illinois Compiled Statutes, commercial motor vehicle drivers are required to report any traffic violations to the Secretary of State. Any Chicago truck accident attorney will tell you that since the induction of the Commercial Motor Vehicle Safety Act of 1986, each and every person who has been issued an Illinois non-resident Commercial Driver’s License or who is domiciled in the state of Illinois and drivers a commercial motor vehicle is found in violation of a law or local ordinance on any state relating to motor vehicle traffic control (other than parking violations) is required to notify the Secretary of State. Drivers are required to notify the Secretary of State by means of form detailing the violation within 30 days after the date of conviction.

Illinois adopted the Uniform Commercial Driver’s License Act in order to implement the federal Commercial Motor Vehicle Safety Act of 1986. Both of these regulations aim to either reduce or prevent commercial motor vehicle accidents, fatalities, and injuries by:
- Permitting commercial vehicle drivers to hold only one driver’s license
- Disqualifying commercial drivers who have committed certain serious traffic violations or another specified offense
- Strengthening commercial driver licensing and testing standards

If you or a loved one has been injured or killed in an Illinois trucking accident, please contact our experienced accident attorneys in Chicago to see what legal rights and relief may be available to you.

January 4, 2012

Family Seeks Legal Action after Fatal Trucking Accident

The family of a student who was killed after being struck by a city leaf collection truck has filed a legal notice, a precursor to a potential lawsuit, with the city. A Chicago truck accident lawyer in our office read on SheboyganPress.com that legal action has not been officially sought, given that the accident is still currently under investigation. The decision whether or not to seek legal action will not be made by the family until the completion of the official accident investigation, as well as, a third-party investigation. The state statute requires that an individual that pursues legal action against a city must first file a notice of circumstances within 120 day of the accident – which the family has done.

The accident in question transpired in late November when the 18 year-old accident victim was crossing a city roadway when he was struck was a city public works truck traveling northbound. The victim was subsequently pronounced shortly after arriving at an area hospital. The driver of the city truck remained unharmed. State Police, who are currently conducting the crash investigation, have released no information as to why the accident victim and the city worker did not see each other before collision – given that there were no parked cars and/or other objects in the area that would have affected either driver’s visibility.

Having represented hundreds of victims of negligence, our Chicago accident lawyers know first-hand the devastating effects that these types of motor vehicle accidents can have on its victims, as well as, their family members. Recently, our attorneys obtained a $10 million settlement on behalf of an 8 year-old Chicago boy who received devastating injuries after being struck by a City of Chicago Fire Truck. The accident occurred when the fire truck’s front bumper hit the boy who subsequently fell under the truck, causing the back tire to roll over him. The accident caused the young boy to remain hospitalized for two months undergoing numerous operations, including the amputations of his leg to the hip.

When an accident victims sustains severe harm as a result of the negligence of another, our accident lawyers in Chicago ensure that our clients receive compensation to cover the immense and increasing amount of medical bills – both present and future. If you have been injured in an Illinois trucking accident or have lost a loved one at the hands of a negligent driver, please contact our attorneys at Levin & Perconti to see what legal rights, representation, and relief may be available to you.

January 3, 2012

Trucker Cell Phone Ban Goes Into Effect Today

Beginning today, both interstate truck and bus drivers are legally banned from using handheld cellular devices during motor vehicle operation. Our Chicago trucking accident lawyers read on TruckingInfo.com that this new rule, established by the Federal Motor Carrier Safety Administration and the Pipeline and Hazardous Materials Safety Administration, will ultimately affect over 4 million commercial vehicle drivers. Commercial vehicle drivers found in violation of this rule will face federal civil penalties of up to $2,750 for each violation. Drivers who commit multiple violations may additionally be subjected to commercial driver’s license disqualification. The new rule also penalizes trucking companies that allow their drivers to use hand-held cellular devices will driving with a stiff maximum penalty of $11,000.

This new cell phone ban for 2012 comes in light of numerous research studies showing the severe and life-threatening risks that are involved with using a handheld cell phone and operating an 80,000 pound vehicle. According to safety studies, large commercial vehicle drivers are three times more likely to be involved in a safety-critical event when reaching for an object (such as a cellular device). Additionally, dialing a cell phone increases the risk of a safety-critical event to six times. Our Chicago truck accident attorneys read that the Federal motor Carrier Safety Administration plans to work with law enforcement agencies across the country in order to develop procedures that ensure uniform application of the rule. Considering the success of last year’s truck driver texting ban, the agency has high hopes for the successful enforcement of this program.

Our Illinois truck accident lawyers continue to commend the efforts of the Federal Motor Carrier Safety Administration to help make our roadways a safer place to travel. When strict commercial vehicle regulations are enacted, it aids in preventing the thousands of semi truck accidents that occur each and every year. It is extremely important to not only have these rules and regulations in place, but to additionally rigorously enforce them. When commercial vehicle violations are properly identified, such as hand held cell phone use, it helps put the focus back on maintain the utmost commercial vehicle safety, in addition to, encouraging safe travel. Furthermore, by holding commercial vehicle drivers and their trucking companies to higher standards, it encourages safe driving habits every time a vehicle is operated.

If you or a loved one has been involved in an Illinois trucking accident, please contact an experienced accident attorney in Chicago to see what legal rights and relief may be available to you.

January 2, 2012

Bus Drivers May Face New HOS Rules

In light of many commercial operators, ranging from airline pilots to commercial truck drivers, facing a new set of hours-of-service rules, the next industry that may be subjected to a revised hours of service rule is the bus industry. In a report posted on TruckingInfo.com, the Federal Motor Carrier Safety Administration is planning a public listening session for later this week pertaining to the hours of service in which a motor-coach can operate. The Federal Motor Carrier Safety Administration is hoping to seek public comment and data the directly affects motor-coach driving time and its association with safety.

Some of the specific safety considerations being taken by the Federal Motor Carrier Safety Administration include what factors, issues, and data are imperative in developing new rule making on motor-coach hours of service requirements. Our Chicago truck accident attorneys read that currently, bus companies still operate under what is considered the “old hours of service rules.” The old rules consist of 10 hours of driving time which is directly followed by 8 consecutive hours off duty. During this time, driving is prohibited after obtaining 15 hours of on-duty time following 8 consecutive hours off duty – this is known at the 15 hour rule.

The hours of service rules pertaining to motor-coach and bus operators has not been updated for several decades. According to recent bus accident statistics provided by the National Transportation Safety Board, twenty-eight individual fatalities resulting in eight bus crashes in the United States last year. In an October 31 study conducted by the National Transportation Safety Board, it was revealed that curbside operators (motor-coach and buses) are seven times more likely to be involved in a fatal wreck than intercity buses.

Accidents involving commercial buses have become extremely common and can result in devastating damage to property, vehicles, as well as, people. In the unfortunate situation that you or a loved one has been injured or killed in an Illinois trucking accident involving a bus, it is extremely important to obtain experienced legal aid from our knowledgeable Chicago accident lawyers.

Our Chicago truck accident lawyers have obtained many successful settlements of behalf of our clients who were victims of devastating and tragic bus accidents. Some of our most recent settlements include a $1.25 million settlement on behalf of a 77 year-old woman whose right leg was amputated above the knee when she was struck by a bus while crossing a bus terminal. Another $1.25 million settlement was reached for our 50 year-old client who sustained numerous fractures, including those to her pelvic, ribs, and spinal transverse process, when she was run over by a bus while walking in a crosswalk.

January 1, 2012

$1M Settlement Awarded in Tow Truck Accident

Our Chicago trucking accident attorneys recently read a report posted on PressOfAtlanticCity.com detailing a $1 million settlement awarded to three accident victims of a tow truck accident. The settlement comes in light of a devastating tow truck accident that occurred in 2008. According to police records, the accident occurred when the driver of a tow truck attempted to drive his vehicle around a passenger vehicle that was awaiting a train to cross the railroad. The tow truck driver made an attempt to cross the railroad before the train arrived, but was unsuccessful.

The train struck the back of the tow truck which in turn caused the truck to strike three pedestrians who were walking on a nearby property. One of the accident victims sustained serious leg fractures and lacerations, while the other two victims incurred severe back injuries. Subsequently after the accident, the three accident victims filed suit against the 22 year-old driver of the tow truck. In turn, the tow truck driver filed suit against the railroad, claiming that the railroad crossing did not have gates that lowered when trains approach. Shortly thereafter, the three victims included the railroad company as defendants to the personal injury lawsuit.

Although a trial was set for later this month, both parties involved in the lawsuit reached a settlement through mediation. The accident victim who sustained the most injury received $750,000, while the other two received $200,000 and $50,000 respectively. The driver of the tow truck who struck the pedestrians has agreed to pay 90 percent of the $1 million settlement, while the railroad company had agreed to compensate the victims for the balance.

Without a doubt, any Chicago truck accident lawyer will tell you that any time a vehicle collides with a pedestrian the results are almost always tragic – subsequently resulting in severe personal injury or even death. According to recent accident statistics provided by the National Highway Traffic Safety Association, pedestrian fatalities account for over 11 percent of motor vehicle fatalities. Additionally, over 180,000 pedestrians have been killed in motor vehicle accidents between 1975 and 2005. With the alarming number of these types of devastating accidents, negligent drivers must be held accountable for their accidents in hope to prevent future recurrence.

If you have been injured in an Illinois trucking accident or have lost a loved one at the hands of a negligent commercial vehicle driver, please contact our experienced Illinois truck accident lawyers to see what legal rights and relief may be available to you.