May 1, 2012

FMCSA Enacts New Rule for Trucking Carriers

TruckingInfo.com recently released a news report detailing a new rule geared towards trucking carriers that has been implemented by the Federal Motor Carrier Safety Administration. Our Chicago truck accident attorneys learned that last week, the Federal Motor Carrier Safety Administration posted their final rule that changes its procedures in several areas affecting truck lines, intermodal equipment providers, brokers, freight forwards, in addition to, hazmat proceedings.

One of the most significant changes implemented by the Federal Motor Carrier Safety Administration is the requirement that even in the event that a trucking carrier pays a full civil penalty in enforcement proceeding does not give them the ability to unilaterally avoid an admission of liability. Our Chicago truck accident lawyers learned that such a payment constitutes admission of all the facts in a Notice of Claim, unless the trucking carrier and the Federal Motor Carrier Safety Administration agree otherwise.

It is also reported that the Federal Motor Carrier Safety Administration will also review out-of-service orders before they go into effect on reincarnated operations that have a history of breaking the rules. Additionally, the Federal Motor Carrier Safety Administration will consolidate the records of reincarnated entities with their predecessors’ records. The agency’s decision was ultimately turned on its contention that businesses with a lot of financial resources could afford to repeatedly violate the rules by simply paying the fines.

Our Chicago trucking accident attorneys are pleased to learn that the Federal Motor Carrier Safety Administration has enacted a rule for trucking carriers that makes it tougher for the trucking carriers who have been sanctioned to reincarnate themselves under a new identity. As large commercial vehicles travel on our busy roadways day in and day out – the safety of the traveling public should always remain a top priority. Mandated regulations, such as the one previously mentioned, aid in ensuring that unsafe trucking carriers and their drivers are restricted from dangerous operation.

In the event that 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 us as soon as possible. Our accident attorneys in Chicago have expertly handling a wide variety of cases involving motor vehicle accidents, particularly those involving commercial vehicles. We ensure that our clients are properly compensation for the damages they have sustained as a direct result of their accident, such as: loss of wages, medical expenses, as well as, physical and emotional pain and suffering.

April 22, 2012

FMCSA to Adopt Sleep Apnea Guidelines

Earlier this week, a Chicago truck accident attorney at our office read a news report detailing new sleep apnea guidelines that the Federal Motor Carrier Safety Administration is looking to implement into the trucking industry. TheTrucker.com reports that the recommendations were provided by two medical advisory bodies in February on the topic of obstructed sleep apnea in truck drivers.

The recommendations list a body mass index or BMI of 35 or great and an Apnea Hypopnea Index or AHI of 20 or more (moderate to severe sleep apnea) as being triggers for testing and treatment. Under the recommendations, treatment would consist of using a Positive Airway Pressure or a PAP machine. Our Chicago truck accident lawyer learned that the use of dental appliances to treat sleep apnea were “not approved alternatives at this time” by the medical advisory boards.

The Federal Motor Carrier Safety Administration recently revealed in a notice published in the Federal Register this is “proposes to adopt the recommendations as regulatory guidance after reviewing and evaluating comments received by the public.” It is reported that public comments must be received on or before 30 days from April 19, 2012.

Additional aspects of the recommendations include:
- A driver with a BMI of 35 or greater could be conditionally certified for 60 days pending a sleep study and treatment if diagnosed with OSA. Within 60 days, if the driver was compliant with treatment, he or she could get an additional 90-day certification.
- If, after 90 days the driver is still compliant with treatment he or she could get certification for a year depending on continued compliance.
- PAP compliance is defined as “at least” four hours a day of use on 70 percent of days with seven or more hours of daily use during sleep deemed “preferable.”
- A commercial driver with a diagnosis of obstructive sleep apnea (OSA) can be certified if he or she has only mild to moderate OSA (an AHI of less or equal to 20) and if the driver “does not admit to experiencing excess sleepiness during the major wake period or the driver’s OSA is being effectively treated.”
- The AHI is used to measure the severity of sleep apnea and has to do with the number of times a night a person stops breathing.

Our Illinois truck accident attorneys at Levin & Perconti are pleased to learn that the Federal Motor Carrier Safety Administration has been extensively working on recommendations and future regulations for truck driver sleep apnea. These recommendations are a positive step in the right direction for reducing potentially fatal accidents caused by issues related to a truck driver’s sleep apnea.

April 18, 2012

New FMCSA Rule to Create Medical Examiner Registry

TruckingInfo.com recently released a news report detailing a new rule that has been proposed by the Federal Motor Carrier Safety Administration that would require individuals who perform medical exams on large commercial vehicle drivers to be trained, tested, as well as, certified to a national standard – determined by the FMCSA. Our Chicago truck accident attorneys learned that the new rule would also create a national online registry of medical examiners who have met the Federal Motor Carrier Safety Administration’s certification requirement.

According to a statement released by the Department of Transportation’s Secretary, it was revealed that this new rule will ultimately ensure that healthcare professionals conducting exams keep in mind “all of the demands required to operate large trucks and passenger buses safely.” Additionally, the Federal Motor Carrier Safety Administration’s Administrator released a statement that addressed that “truck and bus drivers deserve to have well-trained examiners.” Also, by holding medical examiners accountable to increased standards of medical practice, the bar is ultimately raised for safety and saves lives through increased commercial driver and vehicle safety.

Our Chicago truck accident lawyers learned that the rule is schedule for the Federal Motor Carrier Safety Administration’s Federal Register. It has been reported that the process will unfold in stages. As part of the first stage, on May 21 the National Registry of medical examiners will become available on the Federal Motor Carrier Safety Administration’s website. Additionally, training and testing requirements those individuals conducting medical examinations will be revealed. The availability of the website will be provided to medical examiners, large commercial vehicle drivers, trucking employers, law enforcement officials, as well as, the public.

However, in two years (by May 21, 2014) the Federal Motor Carrier Safety Administration reports that medical examiners used by large commercial vehicle drivers will have to be certified, as well as registered. Additionally, large commercial vehicle drivers will be required to use a certified medical examiner from the registry. A Chicago truck accident lawyer at our firm learned that the Federal Motor Carrier Safety Administration revealed that any medical examiner who does not meet the required standards will be promptly removed from the registry.

Every Illinois truck accident attorney at Levin & Perconti is pleased to learn that the Federal Motor Carrier Safety Administration has taken on an initiative to help decrease the rate of large commercial vehicle accidents by requiring more advanced standards to truck drivers, as well as, medical examiners when conducting highly important exams that directly affect the safety of the traveling public.

April 10, 2012

FMCSA Shuts Down Hazardous Trucking Carrier

TruckingInfo.com reports that the Federal Motor Carrier Safety Administration has recently shut down a New Jersey trucking carrier after declaring the carrier an “imminent hazard to public safety.” Our Chicago truck accident attorneys learned that the Federal Motor Carrier Safety Administration placed the transportation company out of service after numerous roadside inspections revealed multiple hours-of-service, driver, as well as, vehicle maintenance violations. The out of service order mandates that compliance be held by both the principals and drivers of the trucking carrier.

A Chicago trucking accident attorney at our firm learned that numerous safety investigators uncovered evidence that the trucking carrier continued to maintain operation, despite having an active United States Department of Transportation number, as well as, a valid operating authority. Additionally, it was found that the trucking carrier operated large commercial vehicles that had severe mechanical defects and were not routinely inspected and/or repaired. The article also reports that the company’s semi truck drivers also obtained severe violations relating to hours-of-service and driver qualification.

The news report confirms that in May 2011, the Federal Motor Carrier Safety New Jersey Division attempted to conduct an obligatory safety investigation of the trucking carrier. However, the safety agency was unsuccessful after several attempts to schedule an investigation with the carrier and the agency ultimately deactivated the trucking carrier’s Department of Transportation number. Despite the inactivation, in addition to, a lack of operating authority and insufficient safety management, the trucking carrier continued to operate.

Our Chicago truck accident lawyers learned that the trucking carrier’s log violation rate is 50 percent, while its log out-of-service violation rate is 30 percent. The vehicle violations ultimately found by the Federal Motor Carrier Safety Administration included tires that were flat and with belt material showing, multiple inoperable lamps, overweight loads, trucks having to be hotwired to be started, along with numerous other noted violations.

Ultimately, the New Jersey trucking carrier could be issued severe penalties of up to $16,000 per day for each day the carriers continues to authorize interstate and intrastate transportation. If the carrier’s violations are determined to be knowing and willful, additional criminal penalties may and will be imposed, including a fine of up to $25,000, as well as, a one-year prison term.

Our Illinois truck accident attorneys at Levin & Perconti are outraged at the type of risky and hazardous behavior has been displayed by this New Jersey trucking carrier. When trucking carriers and their drivers violate rules and regulations established by federal and state laws, the safety of the traveling public is put in peril. If you have been injured or have lost at loved one in an Illinois trucking accident, please contact our experienced accident attorneys as soon as possible to see what legal rights and relief may be available to you.

April 8, 2012

Truckers Challenge Hours-of-Service Rule

Any Chicago accident lawyer will tell you that Federal Motor Carrier Safety Administration has heavily regulated the hours-of-service that large commercial vehicle drivers are permitted to operate in a given week. This regulation was implemented as a necessary measure to protect truck driver health and ensure that the safety of the traveling public is not compromised by driver fatigue and subsequent fatigued-related semi truck accidents.

In order to adhere to this rule, our accident lawyers in Chicago know that truck drivers are required to records their traveling hours manually in paper logbooks. However, this ancient system of recording hours has been severely plagued by false information and manipulation at the hands of truck drivers and their trucking carriers.

In order to make the process more legitimate and free of any illegality, the Federal Motor Carrier Safety Administration developed a new system that will be implemented in June 2012. This system would ultimately mandate stringent regulation on trucking carriers who exceed the allotted 10 percent of hours-of-service noncompliance. Additionally, trucking carriers who maintain a 40 percent higher crash rate than the general trucking population would be required to install Electronic On-Board Recorded in all commercial vehicles.

As a direct result of the impending trucker rule, CourtHouseNews.com reports that three truck drivers, as well as, the Owner-Operator Independent Drivers Association petitioned the federal appeals court for review, asserting that the on-board monitors would prevent truck drivers from “using their own discretion to gauge driver fatigue.” As a result, the 7th Circuit Court struck down the impeding rule for failing to adequately address concerns that the on-board devices could be used to harass large commercial vehicle drivers.

As a result of the ruling, a Chicago truck accident lawyer at our firm learned that the three truck driver plaintiffs petitioned the court for compensation for attorney fees, as well as, costs under the Equal Access to Justice Act – an Act that allows successful litigants to recover fees from successful litigation against the United States in certain circumstances.

However, the 4th Circuit Court ultimately held that the truckers were not eligible for the EAJC compensation and the 8th Circuit also denied fees to the truckers. It was held that in cases where a company’s insurance policy reimbursed defense costs of its corporate officer in underlying litigation.

Despite the determined illegality of the proposed trucking rule, our Chicago accident lawyers continue to stress the importance of regularly mandating the trucking industry. Given the sheer size and weight of large commercial vehicles, drivers and their trucking carriers must adhere to federal and state laws in order to prevent the devastating injuries and fatalities that may ensue from unsafe travel.

April 3, 2012

Bus Safety Oversight Called into Question

Yesterday, BostonGlobe.com published an article detailing highway safety advocate’s continued desire to rigorously enforce state inspections on buses and other types of large commercial vehicles by government regulators. Our Chicago accident lawyers read that after a series of fatal accidents, these highway safety advocates are questioning the oversight methods of the National Transportation Safety Board for their inspection programs in Texas, Mississippi, as well as, Illinois. The article reveals that over forty people have died in these accidents, yet the Federal Motor Carrier Safety Administration has failed to act upon directed recommendations to these carriers.

Under current guidelines, federal rules require that commercial vehicles be inspected annually. These inspections are permitted to be conducted by state workers, private garages, or even the carriers operating the vehicles that are to be inspected. Additionally, our Illinois accident attorneys learned that passing a roadside inspection can also meet the legal requirements as longs as it occurs within the previous year. However, it is reported that over half of our nation’s states maintain no recommended inspection requirements. This means that it is often left up to the motor carriers to implement their own inspection requirements.

A Chicago truck accident lawyer at our firm learned that on March 14 a legislative bill was approved by the Senate which would require the federal government to evaluate state inspection programs. However, the legislation has failed to make any headway in the House of Representatives. In a statement released by a trucking industry consultant – who was once the head of the Federal Motor Carrier Safety Administration – it was revealed that the FMCSA does not have the resources and funding in order to properly and adequately monitor state commercial vehicle inspections.

In light of this, documents pertaining to a particularly devastating bus accident – deemed one of the worst in the history of the United States – have been released. The bus accident in question, which transpired in August 2008, killed at least 17 people and injured over a dozen more. It was later determined by the National Transportation Safety Board that the cause of the accident was a blown tire. Additional evidence revealed that an inspection had been done on the bus eight days prior to the accident and the bus had passed – despite numerous cited defects.

Our Chicago truck accident attorneys at Levin & Perconti know that the safety of large commercial vehicles should always remain a top priority of government regulators. When unsafe motor vehicles travel on our nation’s roadways, the risk for devastating accidents resulting in injury or death dramatically increases.

March 15, 2012

New Trucker Technology Aims to Prevent Distracted Driving

MarketWatch.com recently released a news report detailing new software that has been designed specifically for drivers of large commercial vehicles that aims at preventing driver distraction. The safety software, which meets full compliance with the Federal Motor Carrier Safety Administration’s prohibition against semi truck driver hand-held cell phone use, allows trucking carrier’s to ensure that their employee’s cell phone usage is fully compatible with federal regulations.

Our Chicago truck accident attorneys learned that the software, entitled FleetSafer Mobile, prevents truck drivers from texting and emailing while driver, in addition to, providing inbound and outbound call management in a manner “complaint within the Federal Motor Carrier’s requirement that any mobile phone calls made while driving be “one-touch” and hands free in nature.”

Our accident attorneys in Chicago learned though a statement released by the CEO of the software developer that it was revealed that the Federal Motor Carrier Safety Administration’s prohibition of cell phone use by semi truck drivers is an important step in the continued prevention of distracted driving, however, the rule provides truck driver, as well as, their carriers with no adequate solutions to promote compliance. The creation and implementation of this software provides the trucking industry with a straightforward, as well as, inexpensive way to encourage safe and legal compliance with federal cell phone regulations.

As previously reported in our Illinois trucking accident blog, the cell phone ban was enacted in November 2011 by the Federal Motor Carrier Safety Administration and Pipeline and Hazardous Materials Safety Administration. The regulation prohibits all interstate truck, as well as, bus drivers from using hand-held cellular devices during commercial vehicle operation. If a driver is found in violation of the cell phone ban, the driver, as well as, his trucking carrier may be subject to significant monetary penalties.

Our Chicago accident attorneys are pleased to learn the trucking industry has developed software that encourages safe driving and aides in preventing the thousands of semi truck accidents that occur each and every year on our nation’s busy roadways. Given the sheer size and weight of semi trucks, any collisions involving these vehicles may result in severe and life-altering injury or death. If you have been injured in a semi truck accident or have lost a loved one at the hands of a negligent driver, please contact our accident lawyers in Chicago. Our experienced accident attorneys will provide a free consultation to help determine what legal rights, representation, and relief may be available to you.

March 12, 2012

FMCSA Seeks New Solutions for Truck Driver Sleep Apnea

Earlier today, a Chicago truck accident lawyer at our firm read a news report posted on TTNews.com detailing a new initiative that has been developed by the Federal Motor Carrier Safety Administration to help curb the increasing epidemic of truck driver sleep apnea. In a statement released by the chief safety officer of the Federal Motor Carrier Safety Administration, the federal government is looking into mandated guidelines that would require drivers who are diagnosed with sleep apnea to use a continuous positive airway pressure (CPAP) machines. The CPAP machines are designed to keep the user’s airway open during sleep.

Frequently discussed on our Illinois trucking accident blog, sleep apnea is a condition where the tongue and soft palate relax when a person sleeps. This ultimately causes the sufferer to undergo obstructed breathing – resulting in the sufferer to wake up so often that they are unable to maintain adequate sleep. The design of the CPAP machines permits for a constant stream of air into the nasal passages which allows for uninterrupted sleep. An additional aspect of the CPAP guideline would require the installment of these machines into the sleeper berth of tractor-trailers.

However, this concept has been met with criticism from the trucking industry’s fleet and vendor executives. It has been argued that the CPAP machines were designed for in-home usage – not in the sleeper berths of tractor-trailers. A trucking carrier in Wisconsin revealed that although sleep apnea screening and CPAP use is highly favored, the use of the machine in-truck would cause substantial problems. For instance, it was argued that in the event two truck drivers are en route in the same truck and one is in the sleeping berth using the machine – if the other driver hits a pothole the water from the humidifier in the CPAP machine will spill all over the CPAP user.

Additional criticism alleges that the machine will be unable to maintain power in the sleeping berth of a tractor-trailer during long trips. Given the sheer complexity and confusion associated with this possible mandated guideline, our Chicago trucking accident attorney learned that a trucking carrier has developed a task force to further examine the numerous issues associated with CPAP machine use in-truck, as well as, develop a secondary recommended practice. A spokesman for the trucking carrier in Wisconsin asserts that he wants manufacturers to design an extra-rugged CPAP machine that would be specifically designed and tailored for semi tractor-trailers.

March 3, 2012

Light Shed on Truck Driver Diabetes

TruckingInfo.com released a report earlier this week revealing shocking information pertaining to truck drivers and diabetes. The article reports that according to leading trucking physicians, diabetes in truck drivers in under-reported, under-diagnosed and under-treated. In light of this, a new medical task force has been developed in an effort to garner awareness on the issue and provide consistent oversight of drivers with diabetes. One of the main problems the truck industry faces is that truck drivers with diabetes are dependent on insulin and are not permitted to drive commercial vehicles unless they are granted a special exemption.

However, despite these standards, current Department of Transportation examinations does not require a blood sugar test for drivers. Our Chicago truck accident lawyers learned that they rely only on the driver to self-report a diabetes diagnosis, and call for a urine test for sugar, protein and several other measures. On the other hand, there is no way to determine if a driver is in control of their diabetes solely based on a urinalysis.

Currently, our Chicago truck accident attorneys learned that a joint task force of leading diabetes treatment specialists is currently being convened to develop “consensus recommendations for diabetic drivers.” Similar to the tasks forces that have been developed for truck drivers and sleep apnea, the diabetes task force is looking to help define exactly what diabetes is, the best practices for treatment, as well as, the appropriate testing for large commercial vehicle drivers.

Additional statistics provided reveal that many truck drivers on the road are not even aware that they have diabetes. According to a study conducted by RoadReady, of the 100,000 plus physicals in the United States Department of Transportation’s database, only around 6.6% of drivers self-reported their diabetes condition. However, give the increasing body mass index numbers of truck driver, the prevalence of diabetes it more likely to be around the 11-12% range.

Although the Federal Motor Carrier Safety Administration has recently published guidelines for the National Registry of Certified Medical Examiners, the article points out that the guidelines fall short when it comes to how well drivers are controlling their diabetes. For example, the soon-to-be established guidelines recommend that drivers are unable to pass their medical exam if they have experienced hypoglycemia that resulted in “seizure, loss of consciousness or need to be assisted by another person” in the last 12 months.

In the end, our Chicago trucking accident attorneys learned that in order for this problem to be adequately addressed, something must be done to address the underlying medical conditions faced by these drivers and properly diagnosis and treat the condition before drivers are permitted back on the roadway.

February 28, 2012

Additional Lawsuit Challenging Truck Driver HOS Filed

Earlier this month, our Illinois trucking accident blog reported a lawsuit that had filed by the American Trucking Associations challenging the Federal Motor Carrier Safety Administration’s new hours-of-service rule for truck drivers. The ATA asserts that the new rule, which requires truck drivers to spend two back-to-back 1 a.m. to 5 a.m. periods off-duty before restarting their hours of service logs for a new week, will keep some drivers off-duty much longer before permitting them to start a new work week. Additionally, the ATA argues that the new HOS rule was created through means of changed assumptions and analyses that do not meet the required legal standards.

However, subsequent litigation has been sought by numerous safety agencies – including: Advocates for Highway and Auto Safety, Public Citizen, the Truck Safety Coalition, as well as, two truck drivers. According to a news report, posted on The Journal of Commerce Online, these groups have publicly criticized the Federal Motor Carrier Safety Administration for maintaining the 11-hour daily driving limit for large commercial vehicle drivers in the recently released final rule. Our Chicago truck accident attorneys learned that on Friday the safety groups filed for appellate review to challenge the federal HOS regulation.

In a statement released by the vice president of Advocates for Highway and Auto Safety, it was argued that it is appalling that the Federal Motor Carrier Safety Administration continues to implement rules that fail to adequately address truck driver fatigue in light of the agency’s goal to prevent truck-related deaths and injury. The Advocates for Highway and Auto Safety and Public Citizen initial wanted the FMCSA to implement a 10-hour daily driving limit and eliminate the 34-hour restart provision. However, when the FMCSA updated their final rule in late December, the 34-hour restart provision was revised – not eliminated- and the 11-hour driving limit was maintained.

Our Chicago truck accident lawyers learned that this lawsuit will ultimately lead many more additional hours of litigation pertaining to federal truck driver rules and regulations. Conflict over truck driver hours-of-service regulations has been subject to frequent legal disputes since 2003. Both the Bush administration, as well as, the Obama administration has seen challenges to the various versions of the hours-of-service rule by Public Citizen and Advocates for Highway and Auto Safety – the most recent lawsuit was dropped after the Obama administration agreed to revise the HOS rule – the same rule called into question today.

The Chicago accident attorneys at Levin & Perconti are pleased to learn that a number of safety groups across our country are taking the initiative to help curb, as well as, prevent truck driver fatigue. Given the continued number of devastating semi truck accidents caused directly by driver fatigue, something must done to prevent the recurrence of premature fatalities and serious personal injury.

February 17, 2012

Distraction Prevention Guidelines Proposed by DOT

Earlier this week, the United States Department of Transportation publicized their proposed voluntary guidelines that aim at persuading automobile makers to limit distractions for in-vehicle electronic devices. Our Chicago truck accident attorneys learned that these propositions would be applicable to communications, entertainment, information gathering, as well as, other navigational functions that have play prominent roles in driver distraction in many automobiles on the market today. Although a majority of these guidelines are aimed towards motor vehicles less than 10,000 pounds, a National Highway Traffic Safety Association spokesperson revealed that the agency will be looking into applying the guidelines to heavier commercial vehicles with the Federal Motor Carrier Safety Administration at a later date.

Currently, Phase I guidelines have been proposed to include information for manufacturers that would ensure that the systems or devices used in the creation of new motor vehicles hold the least likelihood of causing distraction to the driver of that vehicle. A Chicago truck accident lawyer at our office read on TruckingInfo.com that overall the voluntary guidelines seeks to prevent distractions that are not directly relevant to safely operating the vehicle or cause unnecessary distraction by persuading the driver to take their hands or eyes off the vehicle for more than just a few seconds while driving.

The proposed Phase I guidelines currently include the following recommendations:

- Reduce complexity and task length required by the device
- Limit device operation to one hand only (leaving the other hand to remain on the steering wheel in order to control the motor vehicle)
- Limit individual off-road glances required for device operation to no more than two seconds in duration
- Limit unnecessary visual information in the driver’s field of view
- Limit the amount of manual inputs required for device operation

According to the National Highway Traffic Safety Administration, Phase II of the guidelines will most likely address distraction causing devices that are not currently equipped in motor vehicles but are brought into the vehicle and used during vehicle operation. These devices include, but are not limited to, portable personal electronic devices such as navigation systems, smart phones, electronic tablets and pads, in addition to, any other mobile communication device. Our Illinois trucking accident attorneys read that the National Highway Traffic Safety Administration will hold public hearings on the above mentioned issues in order to solicit public comment. The hearings will transpired during the month of March in Los Angeles, Washington D.C., as well as, Chicago.

February 16, 2012

Trucking Association Challenges Hours-of-Service Regulations

Bloomberg.com released a report earlier this week detailing a legal petition that has been filed by one of the largest U.S. trucking groups, American Trucking Associations. The petition challenges that Transportation’s Departments driver fatigue rules that were previously established during the implementation of the new commercial vehicle driver hours-of-service rules. Our Chicago truck accident attorneys learned that the president and chief executive officer of the American Trucking Associations released a statement asserting that the driver fatigue rules focus on the wrong safety issues, in addition to, not meeting legal requirements.

Additionally, the American Trucking Associations President alleges that the rule-making implemented under a cloud of changed assumptions and analyses that does not meet required legal standards. Another representation for the American Trucking Associations asserts while the final hours-of-service rule maintained an 11-hour limit on the number of hours a trucker is permitted to driver – instead of limiting it to the proposed 10 hours, the trucking industry objects to the current requirement of a 34-hour rest period each week that would require drivers to be off two consecutive nights.

When addressing driver fatigue issues, the group states that many more fatalities and injuries are due to large commercial vehicle accidents caused by speeding rather than driver fatigue. However, our Chicago trucking accident lawyers learned that the federal government has been sued in 2003, 2006, as well as 2009 for permitting 11-hour driving shifts. Upon the settlement of the third lawsuit, the Federal Motor Carrier Safety Administration agreed that the agency would review and rebuild the regulation.

Nevertheless, regardless of the highly debated topic over truck driver’s hours-of-service regulations, the statistics don’t lie. According to preliminary data compiled by the National Highway Traffic Safety Administration, there were approximately 3,675 truck-related fatalities in 2010 – up 8.7 percent from 3,3,80 fatalities in 2009. As for trucking companies, the final regulation, which should cost carriers at least $1 billion, will take effect July 1, 2013.

Truck driver fatigue is a continuous issue that will continue plague our interstate highway system until trucking carriers and governmental agencies put aside their desire to transport more goods at heavier loads and focus and the safety of the traveling public. Every Chicago truck accident lawyer at our office urges lawmakers to uphold the current hours-of-service rules in order to ensure that truck drivers get enough adequate rest in order to drive 80,000 pound commercial vehicles with the utmost safety.

February 11, 2012

Push For Heavier Truck Legislation Subsides

LandLineMag.com reports that in light of the legislative push to increase the size and weight of large commercial vehicles, the American Trucking Associations have officially withdrawn their petition for heavier trucks. Our Chicago truck accident lawyers learned that earlier this week, the presidents of both the American Trucking Associations, as well as, the Association of American Railroads have signed a joint letter which urges legislative representatives to oppose longer and heavier trucks. The increased truck weight limit and size is an article found within a House bill entitled “HR7” which is a $260 billion surface transportation authorization bill. The provision would result in increased truck weights of up to 97,000 pounds and permitted states to make decisions regarding longer combination vehicles – such as double or triple tractor-trailers.

The news report reveals that given the joint agreement of both the American Trucking Associations and the Association of American Railroads, the likelihood that the heavier truck provision will continue as part of “HR7” is slim to none. However, our accident attorneys in Chicago learned that although the increased truck weight and size issue has subsided, provisions of the House bill would still permit several states to implement a program which would allow testing of 126,000 pound commercial vehicles on 25 mile stretches of interstate highways. Over the course of the following week, debate over “HR7” will continue to remain a topic in the House as lawmakers are set to begin debating the bill and proposing floor amendments.

Any Chicago accident lawyer will tell you that heavier and larger commercial vehicles pose a significant threat to the safety on our nation’s roadways. SafeRoads.org reveals that not only do overweight (over 80,000 pounds) trucks take significantly longer to come to complete stops; they are substantially more prone to roll-over accidents. Additionally, overweight commercial vehicles cause major damage to both roadways and bridges at rapidly increasing rates – even when slightly overloaded. According to a 2005 study conducted by the National Highway Transportation Safety Administration, 5,190 fatalities were reported in 2004 as a direct result of large trucks, an additional 116,000 were injured in large truck collisions.

If you have been injured in an Illinois trucking accident or have lost a loved one as a result of an overloaded semi truck accident, please contact our Illinois truck accident attorneys. Our experienced lawyers will provide a free initial consultation to help determine what legal rights and relief may be available to you.

February 9, 2012

Sleep Apnea Gets 11 Recommendations by the FMCSA

TodaysTrucking.com released a news article earlier today detailing eleven new recommendations that have been issued by the Federal Motor Carrier Safety Administration pertaining to large commercial vehicle drivers and sleep apnea. These recommendations come in light of a joint meeting that was conducted this past week involving the Federal Motor Carrier Safety Administration’s Motor Carrier Safety Advisory Committee and the Medical Review Board.

The eleven recommendations contain various provisions and requirements, such as requiring all commercial vehicle drivers’ license holders who maintain a body mass index measurement (BMI) of 35 or higher be tested for sleep apnea. Our Chicago accident lawyers learned that an acceptable method of treatment for sleep apnea in truck drivers is the continuous positive airway pressure (CPAP) machines.

However, any further rulemaking or guidance based on the eleven recommendations for large commercial vehicle drivers with sleep apnea – the Federal Motor Carrier Safety Administration will open up these issues for public comment. Overall, our accident attorneys in Chicago read that rulemaking on this issued will take numerous years to develop. Meanwhile, while the United States is deciding on potential legislation dealing with this severely controversial and discussed issue, the Canadian Trucking Alliance is preparing a sleep apnea testing pilot program that will be implemented in the spring.

The National Heart Lung and Blood Institute defines sleep apnea as a disorder in which an individual who suffers from the condition displays one or more pauses in breathing or shallow breathes during sleep. This condition ultimately results in poor sleep quality that makes the individual who suffers from sleep apnea to be extremely fatigued during the day. Sleep apnea continues to remain one of the primary leading causes of excessive daytime sleepiness.

If a large commercial vehicle driver suffers from sleep apnea and does not receive treatment for the condition, the results can be extremely hazardous – both for the individual sufferer, as well as, other vehicles traveling on the roadway with the driver. A recent study conducted by the Federal Motor Carrier Safety Administration revealed that as least 28 percent of all commercial drivers’ license holders suffer from sleep apnea.

An additional study by the FMCSA showed that drivers who operated with untreated sleep apnea performed significantly worse on tests than healthy subjects who were alert but had a blood alcohol concentration exceeding the federal limit for operating a large commercial vehicle.

If you or a loved one has been injured in an Illinois trucking accident due to truck driver fatigue or sleep apnea, please contact an experienced Chicago accident lawyer at Levin & Perconti to see what legal rights and relief may be available to you.

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 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 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 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 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 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.

December 25, 2011

New Federal Rule Limits Truck Driver Operation

A new federal rule has been released by the Federal Motor Carrier Safety Administration that places additional limits on the number of hours a truck driver can operate. According to an article posted on RepublicanHerald.com, the new rule reduces the formally allowed maximum work week hours to 70 hours. Previously, semi truck drivers were permitted to work up to 82 hours within a seven day work period. Additionally, commercial vehicle drivers are not permitted to drive after eight consecutive hours without taking at least a 30 minute break. Our Chicago truck accident attorneys read that these breaks can be taken whenever a driver requires rest, all the while maintaining the current 11-hour driving limit per day.

According to the news report, truck drivers that have already operated the number of hours permitted for them to drive are required to take at least two nights off to sleep, especially from the hours of 1 a.m. to 5 a.m. This provision is a part of the new rule’s “34-hour restart” requirement that permits drivers to restart the clock on their work week when they have spent at least 34 consecutive hours off-duty. Truck drivers are only permitted to use the restart provision once during a seven-day period.

Overall, a majority of trucking carriers have readily accepted the changes and are pleased that the Federal Motor Carrier Safety Administration did not reduce the daily driving limit to 10 hours – which was their previous proposal. Our Chicago accident lawyers read that many in the trucking industry believed that by eliminating one hour in a truck driver’s work day would have a serious impact on the productivity of commercial transportation and further intensify the current shortage of drivers that plague the industry. The article points out that this change may have an overall effect on driver productivity which may result in higher consumer prices.

Despite some hesitation by the members of the trucking industry about a limited work day, our Chicago trucking accident attorneys are pleased to read that new implementations are being made to make our roadways a safer place. Any accident lawyer in Chicago will tell you that when truck drivers are permitted to operate for long and continuous hours, it significantly increases the risk of truck accidents that are caused by driver fatigue. With driver fatigue accounting for many traffic related deaths among our roadways, this new rule will be highly beneficial in decreasing the devastating results from these types of collisions.

December 22, 2011

NHTSA Recommends Stability Systems for Large Trucks

TodaysTrucking.com reports that the National Highway Traffic Safety Administration has created a proposal for the White House Office of Management and Budget that would require all large commercial vehicles to become equipped with stability control systems. Our Chicago truck accident lawyers read that this proposal comes in light of numerous rollover and loss of control tractor-trailer accidents. According to recently published statistics, these types of accident are responsible for over 2,700 injuries, as well as, over 300 fatalities each year. Many commercial trucking fleets have already adopted stability control technology, which has found to be effective in up to 56 percent of single-vehicle tractor-trailer rollover accidents. Additionally, it was found that control systems are effective in up to 14 percent of accidents caused from vehicle skidding.

Despite these noticeable safety benefits, not all trucking fleets have adopted this form of technology for their commercial vehicles. Although the National Highway Traffic Safety Administration estimates that these stability control systems may annually save as many as 66 lives and prevent nearly 1,000 injuries, these pricey systems would cost the trucking industry up to $107 million a year. Regardless of the increased cost, the article points out that the cost would ultimately be outweighed by the $372 million in savings from preventing property damage and travel delays. Currently, no word is out yet on whether this planned proposal will be implemented by the exact terms in the proposal created by the National Highway Traffic Safety Administration. Agencies are presently awaiting vetting (examination and evaluation) by the White House Office of Management and Budget.

Our Illinois truck accident lawyers are pleased to read that continued steps are being taken by our governmental agencies to implement adequate safety equipment in large commercial vehicles. With so many violent and debilitating trucking accidents taking place each day on our busy Illinois roadways, the implementation of safety equipment will hopefully in turn give drivers a peace of mind that proper safety measures are being taken to ensure that a semi tractor-trailer traveling alongside a passenger vehicle will not ultimately prove deadly in the event that the truck becomes unstable during travel. In the unfortunate circumstance that you have been injured in a commercial vehicle accident, or have lost a loved one in an Illinois trucking accident, please contact our accident attorneys in Chicago to see what legal rights and relief may be available to you.

December 14, 2011

National Transportation Safety Board Continues Push for Cell Phone Ban

Earlier this week, our Illinois trucking accident blog posted a report detailing an upcoming meeting held by National Transportation Safety Board members to determine the cause of a devastating 2010 multi-commercial vehicle accident that took the lives of two individuals and injured 38. The meeting also prompted that the National Transportation Safety Board members consider the proposal of new safety recommendations on the ever-present issue of distracted driving.

According to Lake County News-Sun online, the Board held an official meeting Tuesday and has since publicly released the safety recommendations they wish to address to drivers and legislators nationwide. The Board advocates that all 50 states, as well as, the District of Columbia implement a nationwide ban on using a personal electronic device while driving any and all types of vehicles. Our Chicago trucking accident lawyers read that this recommendation would prohibit driving while using electronic devices for non-emergency uses or reasons not essential to operating a vehicle.

With current statistics revealing that more than 3,000 individuals around the United States were killed last year as a direct result of accidents caused by driver distraction, the National Transportation Safety Board recommends that an advertising campaign be employed to garner public awareness of distracted driving, proposed electronic device ban, as well as, potential enforcement by local authorities. Despite the current ban upheld in Illinois that prohibits texting while driving and the use of cellular telephones in school and work zones, a majority of states around the country have neglected to establish comparable legislation.

As Chicago accident lawyers, our legal team maintains extensive first-hand knowledge and experience of the devastating results of motor vehicle collisions and have seen lives turned upside-down as the result of careless and negligent drivers. While many of the accidents that transpire on our busy Illinois roadways are often unavoidable, accidents caused by distracted driving is completely 100% avoidable. Even looking down for a quick second to read a text message or answering a cell phone call while driving can prove tragic or fatal for any driver, passenger, and/or surrounding motor vehicles.

Although it may not be easy to avoid the convenience that a cellular telephone provides during vehicle travel, our Chicago trucking accident lawyers urge all drivers to avoid this type of distraction at all costs. With countless lives prematurely ending as a result of these accidents each day, safe vehicle operation should always be a top priority for drivers of all types of motor vehicles.

December 10, 2011

New Year Brings Federal Interstate Cell Phone Ban for Truckers

Earlier today, STLToday.com posted a detailed story on their website describing the new federal interstate cell phone ban for commercial vehicle drivers and the overall effect it will ultimately have on drivers. According to the report, beginning January 3, 2012, all interstate semi truck drivers may be subject to severe federal penalties if they are caught by authorities communicating on their hand-held cellular devices during commercial vehicle operation. With the United States Department of Transportation expecting this new hand-held phone ban to affect nearly 4 million commercial vehicle drivers around the country, the government agency will impose civil penalties of up to $2,750 per violation and $11,000 for employers found in violation of the cell phone ban.

Our Chicago truck accident lawyers read that the federal interstate cell phone ban has brought on divided support from various trucking organizations with many either substantially for or against the federal rule. The Federal Motor Carrier Safety Administration revealed that this measure is needed based on the notion that a commercial vehicle driver who reaches for or dials a hand-held cell phone is significantly more likely to be involved in a collision. The Secretary for the Department of Transportation released a statement saying that by just reaching for a ringing cell phone makes a truck driver three times more likely to be involved in an accident or another vehicle mishap … just a few seconds of driver distraction can be deadly when large commercial vehicles are involved.

Despite countless support from government agencies and truck drivers, our Chicago trucking accident attorneys read that several independent truck driver groups believe that the rule is unfair, as well as, unnecessary. Naysayers believe that hand-held cell phone use is similar if not more distracting than truck drivers using GPS devices or citizen band radios that are commonly used in truck cabs and that the imposed fines and penalties are unreasonably harsh. Additional criticism points out that since the final rule does not lay out a concrete enforcement plan, it leaves commercial vehicle drivers open for “he said/she said situations” with local authorities on whether or not the driver was using their hand-held cellular device.

Regardless of the criticisms brought on by this new legislation, our Chicago accidents lawyers applaud the efforts of the United States Department of Transportation to make the roadways a safer place for all types of vehicles to travel. With over 5,500 fatalities resulting in 2009 from distracted drivers –according to the National Highway Traffic Safety Administration, any measure taken to eliminate this problem will ultimately prove to be exceedingly beneficial.


December 4, 2011

New Safety Data Proves Need for New Trucking Regulations

A Chicago truck accident lawyer in our office recently brought attention to an article published on TruckingInfo.com detailing the release of the newest truck safety data and its effect on pending legislation concerning truck driver’s hours of service. Data gathered by the Federal Motor Carrier Safety Administration estimates that large truck accidents accounted for over 4,000 fatalities in 2010, a substantial increase in the 3,380 fatalities reported the previous year.

In light of these recent statistics, the Truck Safety Coalition issued a press release stating that that the latest data further supports the reformation of truck driver’s hours of service. The Truck Safety Coalition, which is a partnership between the Citizens for Reliable and Safe Highways (CRASH) Foundation and the Parents Against Tired Truckers (P.A.T.T.), says that the new data supports the firm positions of safety groups, families or truck crash victims, and labor to issue a safer alternative to the current truck driver hours of service rule in an effort to reduce driver fatigue.

According to their website, our Chicago truck accident attorneys learned that the Truck Safety Coalition is highly dedicated to: reducing the number of fatalities and injuries caused by large truck related crashes, providing compassionate support to truck accident survivors and the families of large truck accident victims, as well as, educating the public, policy makers, and the media about various trucking safety issues – such as the trucking industry’s current hours of service rules.

Under current hours of service regulations established by the Federal Motor Carrier Transportation Administration, property-carrying commercial vehicle drivers are regulated to various operational limits that include:
- 11 Hour Driving Limit: Drivers are permitted to drive a maximum of 11 hours only after they have received 10 consecutive off duty hours
- 14-Hour Limit: Drivers are not permitted to drive past the 14th consecutive hour after coming on duty, which must be followed by 10 consecutive hours off duty. The 14 hour limit is not extended during off duty
- 60/70 Hour On-Duty Limit: Drivers are not permitted to driver after 60/70 hours on duty within 7/8 consecutive days. A driver is permitted to restart a 7/8 consecutive day period only after taking 34 or more consecutive hours off duty.
- Sleeper Berth Provision: Drivers using their in-cab sleeper berth are required to take at least 8 consecutive hours, in addition to, a separate 2 consecutive hours either in the sleeper berth, off duty, or a combination of the two.

Our accident lawyers in Chicago commend the dedication of various agencies, such as the Truck Safety Coalition, in their efforts to garner nationwide attention to the severity of trucking accidents and jump-start legislative reformation on federal trucking laws.

November 24, 2011

Heavier Semi Trucks Pose Safety Threat to Roadways

Recently, our Chicago truck accident attorneys read a report on SunHerald.com detailing several laws that have been implemented by a number of states which permit heavier commercial vehicles to operate on our nation’s roadways. Despite the national weight limit of commercial vehicles on interstate highways as a mandated 80,000 pounds, numerous states are now legally permitting and granting exceptions to semi trucks that weigh up to 100,000 pounds. With these exceptions in place, many individuals are now arguing the safety of allowing such massive vehicles to share the roadways with significantly smaller vehicles.

Those in favor of the increased weight limit argue that higher weight restrictions actually encourage highway safety due to the fact that it will require fewer commercial vehicles to transport the same amount of cargo. Supporters state that with fewer commercial vehicles on our roadways, the amount of pollution and cost of doing business will significantly decrease.

On the other end of the spectrum, critics of this exception argue that heavier commercial vehicles create a significant threat to highway safety because larger vehicles take considerably longer to stop and are noticeably difficult to maneuver. Additionally, those opposed to the increased weight limits contend that heavier trucks will cause substantial highway damage which will ultimately cost taxpayers more money each year.

In light of the heated debate on the issue of increased weight restrictions on large commercial vehicles, a new bill has been submitted to the United States Congress, titled the Safety Highway and Infrastructure Preservation Act, which would put a freeze on the 80,000 pound limit. Legislators argue that heavier vehicles are considerably more likely to be involved in semi truck accident, in addition to, causing severe highway damage. A study recently conducted in Illinois revealed that raising the weight limit of commercial vehicles to 97,000 pounds would cause an additional $162 million in damage to federal highways in the state each year.

Our Chicago semi truck accident lawyers urge lawmakers to take careful consideration when enacting laws that may ultimately pose a significant threat to safety of those traveling our roadways. Given the already substantial amount of semi truck accidents that occur each day throughout our nation, increasing the weight limit of large commercial vehicles will in the end do more harm than good. When a vehicle’s weight increases, the stopping distance required for the vehicle increases as well … eventually causing more frequent, as well as, seriously life-threatening accidents.

November 23, 2011

Department of Transportation Bans Hand-Held Cell Phone Use for Truckers

Earlier today, TheTrucker.com reported that the United States Department has officially finalized a final rule which prohibits interstate truck drivers from using hand-held cellular telephones during vehicle operation. In a joint effort from the Federal Motor Carrier Safety Administration, as well as, the Pipeline and Hazardous Materials Safety Administration, operators of commercial trucks or buses found in violation of the hand-held cellular telephone ban may be subjected to federal civil penalties of up to $2,750 for each offense.

Additionally, if a commercial vehicle driver commits two or more serious traffic violations, authorities of that state will suspend the driver’s commercial driver’s license. Any trucking company or carrier that permits their drivers to use hand-held cellular telephones during vehicle operation will also be subject to a serious fine … with the maximum penalty of $11,000.

This new rule has been established in light of numerous semi truck accidents that have occurred as a direct result of distracted commercial vehicle drivers. With over four million commercial vehicle drivers being affected by the United States Department of Transportation’s new rule, the agency hopes to see a substantial decrease in semi truck accidents caused by distracted driving.

The report additionally discusses the research by the Federal Motor Carrier Safety Administration into driver distraction, which ultimately led to the creation of this new rule. Federal Motor Carrier Safety Administration’s research revealed that by using a hand-held cell phone while operating an 80,000 pound vehicle requires the commercial vehicle driver to perform several dangerous actions, such as searching and reaching for the mobile device.
When a commercial vehicle driver reaches for an object, such as a cellular device, they are three more times likely to be involved in a collision.

Our Illinois semi truck accident lawyers read that further research indicated that dialing a cell phone makes it six times more likely that the semi truck driver will be involved in a destructive accident. With over 4,400 fatalities and 500,000 injuries resulting from a distracted driver in 2009, safety measures, such as the establishment of this new rule, must be taken to avoid these tragic collisions.

Having represented hundreds of victims of negligence, our experienced Chicago truck accident lawyers know firsthand the devastating and tragic effects that semi truck accidents have on victims and their families. If you have been involved in a collision with a large commercial vehicle please contact our experienced Illinois personal injury attorneys to see what legal rights and relief may be available to you.

November 5, 2011

FMCSA Revises Nationwide Requirements for Commercial Vehicle Licenses

Our Chicago truck accident lawyers recently read a report on STNOnline.com which detailed a newly published rule for commercial vehicle driver’s license holders by the Federal Motor Carrier Safety Administration. Effective December 5, 2011, the latest nationwide regulation requires that licensing agencies across the country adhere to new driver manual requirements for “receiving, recording, transmitting, and updating the physical descriptions of each Commercial Driver’s License holder, commercial and non-commercial driving status, medical certification status, convictions, disqualifications, and crash history.”

The new regulation was developed by the Federal Motor Carrier Safety Administration through encompassing information developed in the newest edition of the Commercial Driver’s License Information System (CDLIS) State Procedures Manual. Created in 1988 by the Federal Motor Carrier Safety Administration and the American Association of Motor Vehicle Administrators, the CDLIS and the Commercial Motor Vehicle Safety Act determine the minimum standards for how states operate and issue commercial driver’s license. Failure to comply with these mandated standards by January 30, 2012, could potentially cause the defiant state to lose their federal highway funds.

According to FMCSA.dot.gov, even though the Federal Motor Carrier Safety Administration determines the minimum standards that each individual state must meet regarding commercial driver’s licenses, administration and issuance of the licenses is left up to each state. States are permitted to determine the application process, license fee, license renewal cycle, renewal procedures, as well as, reinstatement requirements after disqualification under the condition that federally mandated standards are adhered to. On the other hand, states may go beyond federal standards for certain commercial driver’s license criteria, such as: medical, fitness, and other driver qualification.

Our Chicago semi truck accident attorneys know that when the federal government, as well as, state legislators enact rules and regulations pertaining to commercial vehicle drivers, it significantly aides in deterring the thousands of semi truck accidents that occur each and every year, in addition to, promoting safe vehicle operation. With over 3,200 lives lost in 2009 due to large trucks – according to the Fatality Analysis Reporting System, the implementation of more rigorous licensing procedures will ensure that unsafe and unqualified drivers will be prohibited from operating 80,000 pound vehicles on our roadways.

In the unfortunate circumstance that you or a loved one has been involved in an Illinois semi truck accident due to an unsafe or negligent semi truck driver, please contact an Illinois semi truck accident lawyer. Our experienced accident attorneys will provide a free initial consultation to help determine what legal rights and relief may be available to you.

October 20, 2011

Group Advocates Cell Phone Ban for Commercial Vehicle Drivers

NAFA Fleet Management Association is strongly urging the Federal Motor Carrier Safety Administration to quickly enacted legislation that outlaws the use of cell phones during commercial vehicle operation – except in emergencies. TruckingInfo.com reports that the NAFA has expressed strong support of the National Transportation Safety Board recent recommendation to prohibit the use of cellular telephones, both handheld and hands-free, by all holders of commercial driver’s license during vehicle operation.

However, the FMCSA is taking their time to develop an outright ban and it currently contemplating a ban that only prohibits handheld cellular telephone use. In a letter composed by the NAFA and forwarded to the Secretary of Transportation, as well as, the administer of the FMCSA, the group states that the ban will be an important tool against distracted driving and will support the efforts of fleet managers to encourage their companies and agencies to strengthen safety programs with further restrictions on cell phone and text message usage.

In a response given by the Federal Motor Carrier Safety Administration, the organization cites research conducted by the Virginia Tech Transportation Institute which proved that it is unclear if simply talking on a mobile device presents a significant risk. On the other hand, research shows that the act of reaching for an object increases the risk of a safety-hazard even by three times, while dialing increases the risk by six times. The research concluded that these risks are present due to the driver taking their eyes off the road.

The National Transportation Safety Board made these recommendations last month after a devastating semi truck accident took the life of 11 people. Through an extensive investigation, it was discovered that the driver of the 18-wheel semi truck was using his cell phone as the time of the collision. The driver had made four calls in the minutes leading up to the crash, with the time of the last conversation coinciding with the time his vehicle crossed an interstate median and collided with a 15-passenger van.

Research, conducted at the University of Utah, shows that using a cell phone while driving, whether hand-held or hands-free, delays a driver’s reaction as much as having a blood alcohol concentration at the legal limit of .08. Our Chicago truck accident lawyers strongly encourage the Federal Motor Carrier Safety Administration to enact updated regulations which outright ban the use of cellular devices by drivers of large commercial vehicles. Illinois semi truck accidents caused by distracted drivers are 100% preventable when drivers adhere to strict regulations and operate their vehicle with the utmost care.

February 1, 2011

Listening Session On Rule Changes Related to Trucking Safety

Safety BLR reported yesterday on an upcoming listening session related to trucking safety sponsored by the Federal Motor Carrier Safety Administration (FMCSA).

The topic of discussion is new proposals by the administration related to “hours of service” regulations for commercial truckers. All those interested in preventing Illinois truck crashes should be aware of these regulations. They are mandates incumbent upon all trucking companies to ensure that their drivers get adequate rest before getting behind the wheels of these big rigs. Considering that driver fatigue and lack of sleep are one of the main causes of deadly truck collisions, these rules are of paramount importance to improving road safety.

The administration is seeking public comment on the latest changes. Anyone in the Washington D.C. area can attend the session in person at the Crowne Plaza Washington National Airport, or those in Illinois can listen online at the agency’s main webpage.

The latest changes include a variety of alterations to existing rules. For example, drivers would be required to have more consecutive “off duty” periods while not driving each week. The administration officials are hoping to gather a wide range of commentary on the changes with the overarching goal of preventing truck accidents with on-duty restrictions and resting requirements.

Continue reading "Listening Session On Rule Changes Related to Trucking Safety" »

October 27, 2010

New AAJ Report—U.S. Chamber of Commerce: Civil Justice Hypocrites

The American Association of Justice issued a new report today that highlights a clear example of hypocrisy by a major interest group involved in the U.S. Justice System.

The U.S. Chamber of Commerce has spent millions of dollars and focused immense resources on lobbying campaigns aimed at limiting regular consumers’ access to the courthouse. The group’s affiliate, the Institute for Legal Reform, works every day to add barriers and restrictions to the right of individuals harmed by corporations to file lawsuits against those corporations.

Groups like the U.S. Chamber have worked hard to bar the courtroom door to regular individuals, like truck accident victims, who may have been hurt by the negligent actions of large corporations, like trucking companies. But a new AAJ report explains that the U.S. Chamber itself files hundreds of lawsuits each year to advance its own interests. Apparently the justice system is only fair to the Chamber when they are doing the suing.

The National Chamber Litigation Center, the part of the organization charged with filing lawsuits on behalf of the group, annually initiates over 130 suits. Nearly 2 times a week, the group is at it again using the court system to advance it goals—while at the same time claiming that regular individuals shouldn’t have fair access to that same court system.

Our Chicago truck accident attorneys at Levin & Perconti continually work for the opposite cause: to allow all victims the same balanced access to the nation’s justice system. We do not believe that there is anything wrong with allowing our truth-finding judicial process to play out. There is nothing to fear from allowing potential victims, no matter where they come from or how much money they have, to enjoy their day in court. In that way, the system truly creates a level playing field where single individuals can stand up to anyone and seek justice.

As the AAJ President explains, “The Chamber has every right to seek what it believes to be justice in a court of law, even if representing the most deplorable corporate interests. But it must learn that this right to justice belongs not just to their organization or big business generally, but to all Americans.”

The American Association of Justice, like our truck crash lawyers, work every day to ensure that people have a fair chance to use the legal system they are hurt by the negligence of others, even large corporations.

To read more about this shameful example of unequal access to American Justice, check out the full AAJ report Here.

June 24, 2010

Advocates Call for Change in Hours of Service Limits Among Truck Drivers

A trucking safety coalition hopes to have the hours of service that truck drivers can drive in a day reduced by 27 percent, in accordance with the new hours of service law that has recently gone into effect. According to The Trucker, the document filed by the Truck Safety Coalition argues that there should be no more that eight hours of consecutive driving per shift and cites information that after this threshold is when most trucking accidents occur. Additionally, the Coalition suggests that the maximum driving hours per seven day week be 40, and the maximum number of on-duty hours per seven day week be 60. The document also suggest that their be at least 48 hours of off-duty time between each five day stretch of working. This document was filed in connection with the recent hours of services rule, and the people proposing the rule say that the newer law calls for these restrictions in trucking driving hours. To read more about the new hours of service law and what it requires of trucking companies and drivers, please click on this link.

The reason that limiting the number of hours that a trucker may drive consecutively, and how many days in a row drivers may drive, is because without any restrictions many trucking companies encourage, or truck drivers themselves choose to, drive when they are exhausted and when it is not safe for the drivers to still be on the road. Illinois accident attorneys ask trucking companies to take this into consideration and to follow the new rule setting out hours of service in order to hopefully help reduce the number of trucking accidents that occur each year due to driver fatigue.

June 16, 2010

States Take Action Against Distracted Driving

More and more states are joining the fight against distracted driving by making texting while driving illegal for all drivers including truck drivers in order to try to reduce the number of automobile accidents. At this point 28 states, plus Washington DC, all have anti-texting laws for all drivers on their books. As many as 32 states have included a distracted driving section in their driver license education manuals, showing that even more states realize the importance of educating drivers about the dangers of distracted driving. According to Trucking Info's website, 35 states are working with state agencies and other companies within the state to help address the problem of distracted driving and to try and reduce the number of car and trucking accidents that occur as a result of this problem. For example, the state of Illinois has created the Distracted Drivers Task Force which was created in order to learn more about the growing issue of distracted driving and to try to find a solution to this problem. To read more about the efforts that different states are making to try to make a difference in the number of trucking accidents that occur each year by addressing the distracted driving accident problem, please click on this link.

Distracted driving does not only mean texting while driving but also any other form of using a cell phone, eating or drinking, talking to other passengers, reading a map, changing the radio, or doing anything else that takes your eyes and focus off of the road while you are driving. According to the government's statistics on driver distraction close to 6,000 people were killed in accidents caused by distracted drivers in 2008, with the percentage rising significantly from several years before, and the most common driver in these types of accidents were inexperienced drivers under the age of twenty years old. Illinois accident attorneys hope all drivers realize the prevalence of this problem and take it upon themselves to always pay attention to the road and not allow distractions while driving, so everyone gets where they are going safely!

May 24, 2010

New Federal Trucking Laws Having Positive Effect

Recently, federal laws have gone into effect limiting the number of hours that truck drivers can be on the road consecutively. The goal of these new laws is to try to make the trucking industry safer for the drivers and other people on the road, by reducing the amount of overtired and fatigued drivers and hopefully reducing the overall number of trucking accidents that occur every year. These new regulations place certain restrictions on the number of hours a truck driver can drive at a time, and depend on the type of vehicle, on how many consecutive hours and days the driver has worked, and require a certain number of hours to be taken in the sleeper berth. According to the Federal Motor Carrier Safety Administration, these new regulations were determined after in-depth studies and analysis to help ensure that the new laws would improve trucking safety as much as possible. To read more about these hours of service federal laws to help reduce the number of trucking crashes, please click on this link.

The American Transportation Research Institute was recently hired to conduct a study to see how effective these new hours of service trucking rules were and if they were actually resulting in a reduction in trucking crashes. The recent study used data from 2003 and 2004 to see if any significant changes were present compared to the recent accident statistics. The study looked at both the overall number of accidents, as well as in what hour of driving the accidents occurred. The study indicated that the overall collision rate had decreased close to twelve percent and that preventable accident rate had decreased over thirty percent. This study seems to show that the new hours of service rules are making strides in making the trucking industry safer and that these new federal laws are successful in what they are aiming to do.

May 18, 2010

Trucking Accident in Truck without Electronic Recorder

The truck involved in a tragic trucking accident that occurred in March of this year and resulted in the death of the driver and of 10 other people was found to have had no electronic recorder on board at the time the tragic trucking accident occurred. According to The Courier Journal, the reason this is significant is because these recorders are a way of determining how long a driver was on the road, letting investigators know if a violation occurred. This driver kept a handwritten log which was unfortunately destroyed in the fatal accident. To read more about this tragic trucking accident, please click on this link. Electronic recorders are not required but there is a big push for them to help regulate and control truck and driver safety, because they create a better way to ensure that drivers do not go over the required amount of hours that the law sets out as safe. According to Trucking Info, a new requirement was just recently enacted by the Federal Motor Carrier Safety Commission which will require that trucking companies who have been found to be in violation of the hour requirement at least ten percent of the time will be required to install electronic monitoring systems. Chicago accident attorneys remind trucking companies that this law will not go into effect until June 1, 2012 allowing the nearly 5,700 trucking companies that are affected to comply with this new law. The goal behind this new law is to increase safety by making it much more difficult for trucking companies that may lie about or be unclear about their driver’s hours to do this. An electronic recording system, as opposed to a handwritten system is much more precise and does not leave room for driver or trucking companies to change their actual hours.

May 14, 2010

Chicago Injury Lawyers Look at Drug and Alcohol Abuse Among Truckers

A truck crash where a truck driver slid out of his lane and crashed into 22 cars that were waiting at the Chicago Skyway Toll Plaza was found to be the result of the driver falling asleep at the wheel. According to My Fox Chicago, toxicology tests revealed that the driver tested positive for having cocaine in his system at the time the trucking accident occurred. To read more about this trucking accident, please click on this link.

After reading this report, we felt it was necessary to address the issue of substance abuse among truck drivers. A recent study by the Federal Motor Carrier Safety Administration suggests that some truck drivers depend on drugs to help them stay awake and cope with the stress of the long trips on their own. Many trucking companies are beginning to take steps to combat this problem by requiring drivers to submit to drug-testing before getting behind the wheel.

Unfortunately, not all trucking companies have drug-testing currently in place. The company that employed the driver involved in the previously mentioned crash is one of the 120 Illinois trucking companies that have been found to fail to conduct these required drug tests. In addition to the 120 that fail to comply with mandatory drug testing for truck drivers, 55 other trucking companies failed to test new drivers before sending them out onto the road. A study which looked at 120,000 large trucking crashed between 2001-2003, identified about 3,000 crashes caused by truckers using illegal drugs and about 1,000 caused by truckers who had been drinking when the trucking accident occurred. Our Chicago accident attorneys hope that more companies in Illinois and throughout the country will take steps to implement mandatory drug-testing for drivers. These tests will help to protect the lives of truckers and passenger-vehicle drivers alike.

April 9, 2010

New Trucking Safety System to Be Started This Summer

The Comprehensive Safety Analysis (CSA 2010) is a new federal truck safety program that will be introduced nationally this summer. The new program aims to use trucking safety data in a more productive way that will hopefully improve safety regulations in trucking companies throughout the country. This new change has been in the works for several years, with the Federal Motor Carrier Safety Administration creating a system that will make safety regulations more streamlined and effective, hopefully reducing the number of trucking accidents. The way that safety regulations for truckers currently works, and the reason this new system is needed, is that compliance reviews which are the main component to truck safety systems are being done in a way that allow only less than two percent of all trucking carriers to be tested each year. Given this small percentage of carriers that can be checked each year, and the importance of maintaining safety standards among trucking companies on a federal level, a new system and more effective way of regulating trucking companies was definitely necessary.

According to Trucking Info.com, this new program has been tested in several states prior to the introduction of the program this summer. The reason for this early testing is to understand how the program will actually work and how effective it can be. So far the test states have reported that the truck drivers involved in the test programs have been getting prepared and are using the new program as a way to increase driver safety awareness. No test state has said that there has been any negative feedback so far and those involved feel that this program is definitely a positive thing and will hopefully reduce truck crashes nationally. To read more about this new trucking safety program, please click on this hyperlink.

April 7, 2010

Issues Over Potential Federal Trucking Texting Ban and Illinois’ Take on the Issue

The recent federal proposal to make it illegal for truckers to text message while driving has stirred up a lot of issues and opinions on both sides of the argument. On one side people in opposition to the possible ban argue that truckers save time and money on long cross country trips by being able to communicate quickly with dispatchers. According to New York Times Blogs, many trucks are equipped with onboard touch screen computers which function very similarly to text messaging on a cell phone and which have cost the trucking industry a great deal of money to install and put into use. Advocates of the potential ban acknowledge the slight positive, but feel the overall danger and risk of trucking accidents caused by texting while driving is so great that this ban is exactly what is needed to increase safety on the roads. At this stage both sides of the argument are being heard and further research is being conducted to determine if this ban should go into effect. To read more about the pros of banning texting for truckers in order to avoid trucking accidents and the cons of drivers not being able to use the onboard computers, please click on the link.

Illinois has recently enacted a statewide ban on text messaging while driving. Many states have taken the texting problem on and found a solution on their own, instead of waiting to hear if the federal government places a ban on the action. Driver distraction is a huge problem and many car and trucking crashes each year are caused by this avoidable issue, and often times it is found to be the result of texting while driving. Illinois chose to ban all texting while driving, including truckers. The Illinois legislature decided that any benefits to being able to text while driving, even for truckers, was greatly outweighed by the danger that was caused and that the practice must be banned in the state completely. To read more about how Illinois chose to combat traffic accidents caused by distracted drivers, please click on this link.

April 5, 2010

New Law Aims to Reduce Truck Accidents Caused by Driver Exhaustion

Given the danger of truckers driving too many hours without enough rest, and the number of semi-truck accidents that occur each year and could easily be avoided, the federal legislature is introducing a law that will require trucking companies that have had issues with time limits to have tracking devices in their trucks. Many horrific accidents have occurred when truck drivers are overly tired and fatigued and cannot focus on the road leading to an accident. Several weeks ago, a particularly awful trucking accident occurred in which a truck crossed the center line of the highway and crashed into a van heading in the opposite direction, killing eleven people. To read more about this horrible trucking accident, please click on this link. While losing control or falling asleep at the wheel is dangerous in any situation, it can be exceptionally dangerous when it involves a tractor-trailer truck.
This new law will only affect trucking companies and truck drivers that have previously been found to not comply with the limit on number of work hours, and in turn will only affect about 1-2% of all trucking companies. The Federal Motor Carrier Safety Administration website, lays out the hour limit for drivers for all different situations. The trucking company involved in the tragic accident a couple weeks ago was one of the companies that have received a deficient rating when undergoing a safety check, and this new law would be aimed at targeting companies of this sort. The law will not go into effect until mid-2012 in order to allow time for the electronic monitoring system to be fully developed and tested. To read more about this new monitoring system enacted to try to prevent fataltruck crashes, please click on the link.

October 28, 2009

Trucking Hours Rule To Be Reconsidered

A rule in which truck drivers are allowed to drive up to 11 hours straight is being reconsidered, in response to the outcry by safety advocates who worry that this extended length of driving time may be the cause of many trucking accidents. The rule is relatively recent and added an hour of driving time to what was previously the maximum, as well as cut down on the minimum rest time at the end of each week. According to Google, the Transportation Department has agreed to try and develop a rule that maximizes safety. For more information on where the current rule stands and what the proposed changed for the rule to try and minimize trucking accidents, click here.