Levinson and Stefani Injury Lawyers

Client-first legal representation for injury victims. Injured? Free Consultation:

(312) 376-3812

Levinson and Stefani

Trucker Efforts Praised in Virtual Conference as ATA Discusses Current Industry Issues

by Leave a Comment

“2020 has been a year of endless challenges,” said American Trucking Associations President Chris Spear. “We rolled up our sleeves, and we’re getting the job done. Throughout this pandemic, trucking has done what it does best: care.”

These remarks come from Spear’s virtual address at this year’s Management Conference and Exhibition, in which he sang the praises of the efforts of the trucking industry and its dedication to stepping up to the country’s demands during this unprecedented time.

The event was conducted virtually this year due to COVID-19 safety protocol, and focused on the difficulties that arrived with the pandemic as well as the current opportunities for truck drivers to show their dedication to the stability of the country. Attendees also discussed the importance of the ability for the public to show its appreciation for those who hauled vital resources and PPE in the midst of the coronavirus breakout.

“During COVID-19, the American people have gained a much greater appreciation for the trucking industry’s vital role in keeping our supply chain open,” said Transportation Secretary Elaine Chao. “Without [truck drivers], food, medical equipment, and essential supplies can’t get to where they need to go.”

Spear also noted the trucking industry’s efforts to make use of its position in the public eye during this time, with industry experts appearing on national television to discuss the importance of their work, as well as Chao and other industry representatives joining President Donald Trump at a White House ceremony in April.

ATA also worked quickly to secure its “essential” status for truckers during the beginning of stay-at-home orders across the country in an effort to work with state leaders in keeping rest areas open for truck drivers as they perform their important duties.

Additionally, Chao explained that the Department of Transportation has worked diligently to keep truckers safe, and claims that the Federal Motor Carrier Safety Administration’s emergency declaration of hours-of-service regulation relaxation was a step to help carriers working in pandemic relief efforts.

The Federal Emergency Management Agency, along with FMCSA, state representatives, and industry groups, distributed 1 million protective masks to truckers early on in the pandemic, as well.

American Trucking Associations also worked to create the Moving and Storage Conference, along with the Moving and Storage Council. These efforts, which are an attempt to grow ATA’s involvement in the moving and storage sector and to provide training, leadership, and certification programs, were announced in August.

“By welcoming these leaders into the ATA family, we will be in a stronger position to represent the interests of our industry at both the state and federal level,” said Spear at the time ATA voted to initiate these efforts. “This new, larger, and stronger organization will be better able to serve our members.”

Spear detailed other recent trucking triumphs, such as truckers’ ability to navigate and aid severe weather difficulties that arose this year. He detailed truckers’ efforts to bring relief supplies to areas heavily affected by Hurricane Laura, Hurricane Sally, and Hurricane Delta.

Additionally, as was a hot topic in 2019’s Management Conference and Exhibition, “nuclear” verdict (a verdict in which juries decide in favor of awards of at least $10 million in trucking incident cases) tort reform was focused upon in this year’s discussion. According to Spear, ATA has won tort reform cases in Iowa, Louisiana, and Missouri.

The industry’s fight against Rhode Island’s trucks-only tolls was another main focus of the conference, as ATA has long-argued that these tolls discriminate against truckers working in interstate commerce.

“This is a must-win case,” said Spear at the conference. “This effort cannot be won on the backs of local and regional carriers. It’s everyone’s responsibility to fight and win. If we lose this, it could be in your backyard next.”

Spear also explained the infrastructure bill produced by the House of Representatives recently will make a 2021 long-term funding plan much easier, and said he’ll continue collaborating with lawmakers on an efficient package.

ATA has also reached out to Joe Biden’s campaign to commit to a working relationship as soon as he is inaugurated.

“We try very, very hard to work with people who work with us,” Spear said.

Trucking Awards Given to Influential Industry Members at Virtual Conference

by Leave a Comment

“All of you watching today should be proud of what you have done to showcase our industry, and proud of how you adapted to a national crisis,” said ATA chief operating officer and executive vice president of industry affairs, Elisabeth Barna, at ATA’s Management Conference and Exhibition. 

At the conference, which was held virtually this year to align with COVID-19 safety measures, Barna announced the winners of the 2020 American Trucking Associations’ Mike Russell Trucking Image Awards, which honor those demonstrating excellence within the trucking industry and upholding its commitment to safety, professionalism, and essentiality in all aspects of the sector.

The winners of this year’s Trucking Image Awards were J&M Tank Lines, the Nebraska Trucking Association, and Old Dominion Freight Line’s professional driver, Rhonda Hartman.

“This year has certainly been a challenging year, but a year where we have seen the trucking industry gain incredible momentum in the way we are perceived,” said Barna.

The Mike Russell Trucking Image Award, named for a former ATA vice president of public affairs, was first awarded in 2007 and became sponsored by HireRight in 2014.

Award recipient J&M Tank Lines was rewarded in particular for its efforts to widely promote the trucking industry throughout the community and on social media, while also aiming to boost its drivers’ morale and offer accurate and up-to-date health and safety information as much as possible during the era of COVID-19.

“This company has a robust social media presence and is always pumping up their workforce, and gets their drivers involved in everything they do,” Barna explained.

As for the Nebraska Trucking Association, the group also worked to boost the trucking industry throughout social media. Additionally, NTA made sure to provide meals to the drivers hauling essential goods and resources during 2020, and partnered with the Nebraska Chamber of Commerce to recognize truck drivers as essential workers throughout the state.

“Every day, they were supporting and promoting the trucking industry in a new way,” said Barna of NTA. NTA is an ATA federation leader, as well.

Third award recipient, Rhonda Hartman, is an America’s Road Team Captain and has aimed to increase the public’s knowledge of the importance of trucking in our day-to-day lives. Hartman has been trucking for more than 37 years and participated in 2020’s convoy which paid respects to the centennial anniversary of Louisa Swain casting her ballot as the first female to vote in the United States. Hartman has also worked diligently to boost recruitment efforts for women in the trucking industry and has logged almost 3 million accident-free miles in her career.

Also during the conference, president of Triple G Express and ATA chairman, Randy Guillot, received ATA’s 2020 Highway to Victory Award. This recognition comes from as desire to honor Guillot’s outstanding efforts for trucking industry advocacy.

Guillot testified twice before congressional committees–virtually, of course–while also leading the trucking sector in winning tort reform in Louisiana, according to vice president of legislative affairs for ATA, Catherine Evans. 

“His efforts to effectively communicate our industry’s priorities will no doubt serve us well,” said Evans when presenting the award to Guillot. “His passion for tort reform on punching back at the trial bar has been equally impressive. In particular, he has been relentless in coordinating with state and local officials to combat the scourge of self-serving litigation that has plagued our industry in recent years.”

The efforts of all truckers in the industry have not gone unnoticed, and that very sentiment was made abundantly clear at the virtual conference. The goal of industry workers to take advantage of the current widespread focus on truck drivers during this time has helped to boost public perception regarding the importance of a truck driver’s work. Industry representatives even joined Chao at an April White House ceremony to have their hard work commended.

“During COVID-19, the American people have gained a much greater appreciation for the trucking industry’s vital role in keeping our supply chain open,” said Elaine Chao, Transportation Secretary. “Without [truck drivers], food, medical equipment, and essential supplies can’t get to where they need to go.”

Traffic May Have Lessened With the Pandemic, But Insurance Rates Continue to Rise

by Leave a Comment

At the top of the pandemic and the beginning of its effects in the United States, overall numbers of miles traveled dropped significantly. The trucking industry experienced a similarly dramatic drop, meaning, at least during that time, that more trucks gathered dust and fewer needed insurance.

As highway traffic congestion declined, truckers that were not furloughed could reach their destinations much more quickly, and, with lower crash risks, trucking companies struggling against consistently-growing insurance costs saw a brief period of relief.

Still, though, trucking insurance professionals knew that the reality of fewer accident risks and lower insurance rates would not last long.

“We saw…a definite decrease in April and May in reportable frequency of accidents due to [less] traffic on the road and not nearly as much congestion,” said Lockton Cos. senior vice president and transportation team leader, Matt Payne. “But that has normalized into the fall.”

However, hot spots with higher rates of traffic accidents have seen lower congestion levels, making deliveries easier for fleets.

“In densely-populated urban areas…you could make an argument that COVID-19 has created a better delivery environment because it’s easier to get in and out [of those areas],” said Scopelitis president and managing partner, Greg Feary. “Everything from serious accidents [to] fender benders has been reduced.”

Still, Feary agrees that that the insurance market will not have any lasting changes as a result of the pandemic, and in regards to non-COVID-related issues, insurance prices have still continued to rise.

“It’s kind of a blip in time,” said Feary in relation to truck fleet risk exposure in the era of COVID-19. In commercial trucking, carriers have not provided rebates, as has been the case for other kinds of carriers.

“We did see fewer cars on the roadways, which was helpful to truck drivers, who had to deal with less traffic and congestion–and fewer accidents,” agreed CFI president Greg Orr in regards to his carrier’s experience during the pandemic.

This ease in congestion and crashes was short-lived, as insurance rates can be driven up by other more permanent factors. One growing trend is that of “nuclear verdicts,” which bring awards of at least $10 million in truck crash-related cases.

To support claims of poor company practices, dangerous driver behavior, or institutional negligence that could cause serious and fatal accidents, attorneys dive deep into company history, practices, documentation, and operation–often finding more than enough evidence to secure a high payout.

It has also been a difficult time for insurance companies themselves, with fewer providers now wanting to create trucking company policies–leading to higher premiums by those who do provide these plans.

“The trucking insurance market has not seen a profit in quite some time,” according to Hudson Insurance Group senior vice president and head of commercial auto, Chris Homewood. Even though insurance prices are climbing, the industry has still been paying out between $1.03 and $1.12 for each dollar of revenue over the last decade, Homewood estimates.

“We will continue to see less [insurance] capacity, less coverage available,” Homewood explained, while what is currently available will continue to cost more as total claim severity and costs rise. “It is more challenging for [trucking companies] to build out their liability limits…where they would want to purchase $100 million in limits, they can only get [quotes on] $40 million. So, capacity is declining.”

In an attempt to curb insurance premium increases, many fleets have been implementing more advanced safety technology to help drivers avoid accidents–such as in-cab camera systems, which comes with driver training and behavior management tools and other supporting software that can keep a trucker safe.

Cameras, in particular, can help carriers “educate [their] drivers to change habits,” and address any dangerous behaviors ahead of time, Homewood explained.

Additionally, some of these systems can also provide recorded video evidence of an event that can prove a driver’s innocence in an accident liability case–another method of reducing claims expenses for trucking companies and their insurance carriers.

Fortunately, underwriters will develop the best and cheapest policies possible for “those motor carriers who demonstrate a strong culture of safety and accountability, particularly those who have skin in the game with self-insurance retention,” Homewood noted.

Pre- and Post-Trip Truck Inspections Boosted by New Technology

by Leave a Comment

Fleets have been utilizing more technology than ever before in efforts to ensure drivers can conduct pre-trip and post-trip inspections properly and submit their findings ahead of schedule. Preventing roadside violations, maintenance issues, and vehicle downtime is vital in a fleet’s overall safety and efficiency.

Technology has also become extraordinarily helpful in boosting driver engagement and awareness during the inspection process.

“On a mechanical side, drivers need to be thorough on their pre- and post-trip [inspections] every single day,” said C.R. England Inc. Compliance Safety Accountability manager, Shana Hatch. “They need to be aware of how the equipment looks and feels and what they see [when] walking past.”

Drivers for C.R. England have a particular method of observing their trucks and making sure everything on their checklists is evaluated properly.

“I tell the drivers, everything on your pre-trip is the same as a Level II inspection, and the majority of violations found on a roadside inspection should have been noticed in a pre-trip if they’re doing a thorough pre-trip,” said Hatch. “Lights are either on or off. There is no in-between.”

For Boyle Transportation, the fleet uses a variety of methods to make sure inspections are done as efficiently as possible.

For example, it utilizes fleet management software Fleetio, which allows drivers to conduct inspections and submit their driver vehicle inspection reports right on the app.

“If [drivers] have a problem, they open the app, enter in what the issue is, and our maintenance department acts on it,” said Lasko, who noted that Fleetio has made communication easier than ever between drivers and maintenance workers.

Fleetio also keeps track of maintenance history for each truck and piece of equipment for truckers to have on file.

“You could then look [at the app] and say, ‘Mike reported two weeks ago [that] this trailer had low tread depth,’ so, right away, you know if there is something that needs attention,” Lasko explained.

Another method of inspection technology includes Zonar Systems’ Electronic Verified Inspection Reporting, which uses RFID and NFC tags on inspection zones throughout a vehicle, which drivers can scan during any inspection for further efficiency.

“Once they electronically sign the inspection, the results are uploaded into Zonar’s secure online portal and can be accessed by fleet managers,” said Zonar’s vice president of safety and compliance, Fred Fakkema.

These kinds of inspections have always been recorded manually and on paper, and sometimes those documents don’t make it to maintenance. Trimble Inc. transportation technology supplier said its technology circumvents that problem by integrating with an inspection’s DVIR process.

“The option of doing [pre- and post-trip inspections] or not doing [them] now that we’ve entered into the ELD (electronic logging device) phase has changed,” said Trimble’s senior solutions engineer, Dave Walters. “When the driver inspection is done, the data goes directly to the shop maintenance system. If there is a defect, the shop has to take some type of action.”

Walters noted that if a critical defect is indeed found, the shop will immediately begin taking action by sending out a vendor or bringing in a driver. If a defect found is noncritical, the system can track it and allow technicians to fix it the next time a truck enters the maintenance shop.

For Southeastern Freight Lines, DVIRs are utilized through Innovative Software Engineering (a company from Trimble), and stored there to comply with Department of Transportation guidelines. Southeastern’s telematics devices input DVIR, allowing drivers to see previous inspection reports and to sign off electronically.

“It also provides the driver the ability on the post-trip to document any issues that he experienced during this assigned scheduled run,” said Southeastern’s director of fleet services, Lee Long.

If any deficiencies are found, they are directly sent to Cetaris, Southeastern’s computerized maintenance software. There, all defects needing to be addressed are listed conveniently.

“It is all electronically handled,” said Long. “Our system provides work due reports that refresh routinely so we can see what has been requested for repair throughout the day.”

Then, requests made by shop, region, or by the entire system can be reviewed easily. The most common requests are “‘pulled in’ to a work order as being the primary reason for repair, and then a standard job is assigned to correct the defect and update the DVIR electronically,” Lee noted.

New Data Show Increase in Big-Rig Occupant Deaths

by Leave a Comment

The National Highway Traffic Safety Association has released information on its data collected from the Fatality Analysis Reporting System in 2019. According to the data, the number of big-rig occupants who died in traffic crashes rose in 2019, although overall traffic fatalities declined.

The reporting system, FARS, releases vehicle traffic crash fatal injury data each year to Congress and to the public. The National Center for Statistics and Analysis associate administrator for NHTSA, Choi-Lin Chen, said that the administration’s full analytic report would be made public by the end of 2020.

According to the preview data, there has in fact been a decline in overall traffic fatalities by person, but there was still a 0.2% uptick in truck occupant deaths in all large-truck-related fatalities. There were two more big-rig occupant deaths in 2019 than 2018, even though overall truck crash deaths decreased.

The big rigs in question include both commercial and noncommercial trucks weighing in at over 10,000 pounds.

“The data provided by FARS does not distinguish between commercial and privately-owned trucks, so it is important not to draw conclusions regarding [commercial motor vehicle] crashes,” said a spokesman for the Federal Motor Carrier Safety Administration. “The agency continues to implement important safety initiatives, like the final rule updating the hours-of-service regulations, important research into new assisted technologies for drivers to improve safety, and the implementation of FMCSA’s Drug & Alcohol Clearinghouse.”

2019 saw 36,096 fatalities in traffic crashes, a 2% decrease from 2018’s 36,835. This rate of decline was also seen between 2017 and 2018. Additionally, the number of overall vehicle miles traveled in 2019 rose by almost 1% between 2018 and 2019, while traffic deaths still declined. For 2019, the estimated fatality rate was around 1.10 per 100 million vehicle miles traveled, as compared to 2018’s rate of 1.14 fatalities for the same number.

“Fatalities decreased by 2%, which continues the encouraging three-year downward trend,” said James Owens, NHTSA Deputy Administrator. “That’s very encouraging news.”

NHTSA has also released estimates for traffic crash deaths for the first half of 2020, and stated that the country saw an overall decrease in traffic-related fatalities for the second quarter of the year when stay-at-home orders were implemented. According to FARS data, around 8,870 died in vehicle crashes during the second quarter of the year, down 3.3% from the number of recorded deaths during the same quarter in 2019.

Additionally, estimates show that overall traffic volumes dropped by at least 16% in the first half of 2020, although traffic numbers fell more than the number of fatal crashes. Therefore, the traffic death rate per 100 million vehicle miles traveled during the first six months of the year is estimated to increase to 1.25, up from 2019’s 1.06 from the same period.

Throughout the stretch of the pandemic in 2020, researches saw some major changes in driver behaviors as well, according to companion data released by NHTSA. For example, drivers who did happen to drive at the peak of stay-at-home orders drove with much more recklessness–engaging in dangerous behaviors like failing to wear a seat belt, speeding, or driving under the influence of alcohol or drugs, according to the companion study. Average driving speeds also increased in the second quarter of the year, and fewer people were wearing their seat belts in the event of a crash.

In the second study, data found that nearly two-thirds of drivers involved in serious or fatal traffic crashes between March and July tested positive for at least one active drug.

The number of drivers testing positive for opioids almost doubled after mid-March–the beginning of the pandemic’s effects in America–in comparison to drug levels detected during the six months prior.

“Road safety is always our top priority, and while we are encouraged by today’s reports showing a continued decline in total fatalities in 2019 and into the first half of 2020, we are concerned by the trend since April showing an increased fatality rate,” said Owens. “Now, more than ever, we should be watching ourselves for safe-driving practices and encouraging others to do the same. It’s irresponsible and illegal to drive under the influence of drugs or alcohol–taking risks not only with one’s own life, but with the lives of others.”

NHTSA is meeting with government representatives during the last couple months of the year to find ways to develop and implement countermeasures in order to boost safety efforts.

Still, Owens said these kinds of backwards, dangerous trends are extremely surprising.

“We’ve never seen trends like this,” he said. “We feel an urgency to work with our stakeholders to take action and turn this around. We faced some unprecedented challenges this year, including in traffic safety.”

Military Driver Pilot Program Specialties May be Expanded as Part of FAST Act

by Leave a Comment

The pilot program allowing drivers between the ages of 19 and 21 with a U.S. military equivalent of a commercial driver’s license to operate within interstate commerce may be granted expansion.

If the Federal Motor Carrier Safety Administration’s proposal is passed, these military occupational specialties outlined in the program would grow by an additional nine positions. According to the Federal Register’s October notice, this expansion would aim to bring more opportunities of entering the trucking industry to additional service members. Some of these other positions include field artillery cannoneers, combat engineers, and Patriot (advanced missile system) launching station operators.

So far, seven military occupational specialties have already been approved for the pilot program, such as fuelers, pavement and construction equipment operators, and motor transport operators.

“Each of these proposed additions requires drivers to complete classroom and road training prior to receiving the [military occupational specialty] designation, as well as ongoing training and routine recertification on heavy vehicle operations,” said the Federal Register in its document. “Military personnel in these [military occupational specialties] receive continuous training during their service period to maintain proficiency.”

The pilot was initially launched within the Fixing America’s Surface Transportation (FAST) Act, and stated that military equivalent-CDL-holding truckers between 18 and 20 years old who are sponsored by a trucking company could be granted the ability to operate trucks interstate. Federal law does not currently allow truckers under the age of 21 to driver Class 8 commercial motor vehicles between different states.

For each of the nine proposed additional specialties centering the pilot program, training requirements would be equal to those needed for the primary seven specialties originally allowed within the pilot program, according to the Federal Register. The addition of these nine specialities was recommended by both the Army and the Marine Corps, the document said. FMCSA also stated it did not previously understand that these additional classifications also required heavy vehicle training, so they were not initially included in the program.

“By increasing the [military occupational specialities], FMCSA anticipates there will be an additional 30,000 drivers between the ages of 18 and 21 who are eligible to participate in the Under 21 Military CDL Pilot Program,” said the Federal Register in its document.

The pilot program will have to collect and analyze crash-related data regarding the “covered drivers” taking part in the program under the FAST Act. It must also collect data on drivers under the age of 21 driving in intrastate commerce.

These “covered drivers” include those who are members and former members of the armed force, who are between 18 and 21 years old, and who meet qualifications to operate commercial motor vehicles within the military.

These pilot program extensions come as the trucking industry has faced higher demand than ever as more people are shopping online–and while more medical equipment and resources are needed–during the difficulties and stay-at-home orders that arrived with the pandemic. They also come as the industry faces a continued driver shortage–American Trucking Associations claimed the trucking industry was short 60,800 drivers in 2019 and estimated that the industry would be short more than 100,000 truckers within the next five years if major changes aren’t made.

Still, many safety advocates maintain that the answer to a driver shortage is not allowing younger, less experienced drivers to enter the industry, especially as hours-of-service regulations have also been granted further flexibility.

The Secretary of Transportation will be monitoring the pilot program and will be collaborating in evaluation efforts with other drivers, industry representatives, safety advocates, enforcement officials, and armed forces personnel.

In regards to the inclusion of more specialties within military occupations in the pilot program, the FMCSA is requesting public comment. For more information on the program and to submit a comment, click here.