Chicago Prepares to Implement the City’s Pilot Electric Scooter-Sharing Program

June 6, 2019 by Levinson and Stefani Leave a Comment

On June 15, Chicago will introduce shared electric scooters to neighborhoods on the West, Northwest, and Southwest sides. Chicago has been one of the more cautious cities as far as allowing electric scooters as a mode of transformation. Concerns about the safety of both riders and bystanders have led to Chicago waiting to see how other cities have fared after allowing electric scooters. Many of those other cities have been hit with an influx of patients in hospital emergency rooms with hundreds of riders and bystanders getting injured.

Generally, to use one of the electric scooters, a rider simply has to download a phone app, locate a scooter, and rent it on the spot using that app. The easy accessibility and cost efficiency of electric scooter-sharing has made it an extremely popular choice for transportation. To try and prevent issues that other cities have faced, and to increase safety measures, Chicago will have strict rules set in place. This is partially to avoid the many safety problems with scooter-sharing that have emerged as electric scooter usage has increased, such as the five electric-scooter deaths reported in the U.S. in just the past nine months.

Pilot Program Rules and Regulations

As part of this pilot program, Chicago will currently ban the use of these electric scooters in the Loop and lakefront areas, preferring to first test the scooters in less-crowded neighborhoods. The electric scooters will be programmed in such a way that they will stop working within a block outside of the designated areas. These electric scooters will be limited to a speed of 15 mph. To avoid the cluttering problem plaguing other cities due to riders being allowed to drop their scooters off in any location once done with a trip, Chicago will require that all scooters be parked upright instead of just strewn on the ground. Scooters will also not be allowed to be scattered across sidewalks, block loading zones, or take away easy access to building doors. Unlike other cities, Chicago will require that users of electric scooters take an extra step and provide a photo of how they parked their scooters and send it to vendors to ensure that scooters have been parked correctly.

Chicago will also require that vendors remove any scooters parked unlawfully within two hours of a complaint and have streets and sidewalks cleared of all scooters by midnight each day. The city Department of Transportation Assistant Commissioner, Sean Wiedel, stated that Chicago is currently the only city to require the removal of scooters by midnight. This is another regulation being enforced to avoid the clutter issue that has plagued so many of the other cities. The irresponsible discarding of scooters creates a more dangerous environment for riders and bystanders alike. Furthermore, Chicago will ban the usage of scooters on any sidewalks between the hours of 10 p.m. and 5 a.m. to discourage reckless behavior by what Wiedel has dubbed the “bar crowd.” As part of Chicago’s rules and regulations, renters will also have to be at least 18 or older, although 16- and 17-year-olds will be allowed to ride with the consent of a parent or guardian. Chicago will not currently enforce that riders wear helmets but strongly encourage that people do so for their own safety.

As June 15 and the beginning of an electric scooter-sharing program in Chicago approaches, it will be incredibly important that Chicagoans who choose to use these scooters are as knowledgeable and aware of the safety measures as possible. Although an exciting addition to Chicago’s famed transportation system, electric scooter-sharing is still new and unfamiliar enough that anyone wanting to ride an electric scooter should do so responsibly.

Significant Risks Associated with Shifting Age Demographics in the Trucking Industry

June 5, 2019 by Levinson and Stefani Leave a Comment

It has been widely covered in the media the last several years that the United States trucking industry is experiencing a significant decline in its labor market that will ultimately result in a shortage of 175,000 drivers by 2026. What’s more, the American Trucking Associations, ATA, who conducted the research, has estimated the industry would need to hire “900,000 drivers over the next 10 years just to replace drivers leaving the industry, mostly through retirement.” However, a recent market analysis conducted by the Bureau of Labor Statistics revealed that while the ATA’s research and data certainly show a restricted market in need of an influx of drivers, the trucking industry itself has proven to be resilient as “supply responds to increasing labor demand over time.”

Trucking Companies are Forced to Change Their Hiring Process

Even though this new research provides some optimism surrounding the future of the trucking industry, there are still a variety of factors that suggest trucking companies will continue to be negatively affected and forced to drastically change their businesses. One factor that is arguably the most consequential is that of aging truck drivers. According to the Bureau of Labor Statistics, the average age of a commercial truck driver is 55 years old, meaning a majority of drivers in that age range will soon be retiring in the coming years. With such a large portion of its driving population retiring within the next decade, trucking companies have been forced to actively recruit younger drivers or provide increased incentives to older drivers to convince them to keep driving past the age of retirement. While the former option brings questions of inexperience, is the latter decision to encourage older commercial truck drivers to stay on the road posing a significant risk to driver safety?

Recent Uptick in Commercial Trucking Crashes

While there are numerous benefits for keeping experienced drivers on the road, it cannot be denied there is evidence of an increase in the number of crashes taking place each year with aging commercial truck drivers behind the wheel. Based on an investigation conducted by CBS News in 2016, drivers over the age of 65 made up 10 percent of commercial vehicle operators in the United States and over a three year period from 2013 to 2015, there were more than 6,636 accidents involving elderly drivers in 12 states throughout the US, marking a 19% increase. This isn’t to say that elderly drivers should not be on the road. Just as there are many highly capable teenage drivers, they also happen to maintain the largest fatal crash rate amongst all drivers in the United States. With that being said, understanding the risks associated with the decisions being made by these trucking companies can only help us be more aware and safer in our driving habits.

Making the matter more complicated is the fact that under Section 391.11 of the Federal Motor Carrier Safety Administration (FMCSA), a maximum age limit has not been set for commercial truck drivers, making it all the more likely that the rate at which aging drivers remain on the road will continue to increase. It is easy to imagine that while the demographics of the industry rapidly change over the next decade and trucking companies find ways to retain drivers and expand employment to a younger demographic, the number of crashes involving elderly truck drivers will only continue to rise.

Although there is no age limit restricting older drivers from maintaining their commercial license, the FMCSA, under Section 391.41, requires all drivers to meet a series of physical qualifications to be determined by a medical examiner, which is valid for up to 24 months. Several examples of qualifications that must be met are that the driver must not have a loss or impairment of limbs; have no established medical history of respiratory dysfunction, arthritis, epilepsy, etc. However, more interesting is the fact that the FMCSA mandates that a driver must have a “distant visual acuity of at least 20/40 in each eye without corrective lenses or visual acuity separately corrected to 20/40 or better with corrective lenses.” As we all know, our vision only gets worse as we age and although 20/40 vision is not terrible, this law effectively establishes that so long as an older driver has corrective lenses providing them with 20/40 vision, they may continue driving for two additional years before having their eyesight checked again. One can only imagine how much an individual’s vision may change in two years, especially as we age, only making the FMCSA’s requirement more suspect.

Available Resources for Drivers and Companies

All of this information makes it appear as though the industry is allowing unqualified drivers to remain on the road. With that being said, commercial truck driving is already a grueling job, requiring long hours and the ability to maintain focus. As a way for trucking companies to be more diligent in the hiring process and manufacture safe driving conditions, J.J. Keller & Associates, Inc’s. Preventable Accident Manual serves as a great resource. The manual goes to great lengths to provide many countermeasures trucking companies may take. Looking at Section A6 of the manual, covering Illness and Fatigue, several tips are provided which inform managers they should be cross-checking driver logs, notifying drivers of violations, and most importantly, they should be aware of the physical qualifications and medical examinations required for the hiring process. As more evidence points to aging commercial truck drivers remaining on the road past their years of retirement, such countermeasures must become more central to how trucking companies employ and train their drivers.

While this new data on the trucking industry may show positive signs that the industry is not struggling as much as it was previously believed to be, it’s important for the public to be aware that although the industry may be resilient, there are still significant risks associated with these changing demographics of drivers. We must maintain knowledge of how road safety dynamics may shift in the coming years due to changes such as these. The more we know and study this data, the better protected we will all be.

Stay safe out there!

Technology Could Stop the Rise in Fatal Truck Crashes

June 3, 2019 by Levinson and Stefani Leave a Comment

Despite numerous safety regulations put in place to protect commuters, the number of traffic deaths involving semis and large trucks is on the rise. This puts travelers in passenger vehicles at greater risk on our nation’s highways. Rear end accidents are the most common types of crashes with big rigs going too fast and failing to stop in time to prevent crashes.

A lot of new cars are equipped with automatic breaking technology that assists drivers when they get too close to vehicles in front of them on the road. There has been no action in Washington and resistance by the trucking industry to require installation of automatic emergency breaking systems or warning signals in large trucks to try and decrease, if not eliminate, rear-end truck wrecks. Instead the death toll keeps climbing.

Driving a truck is hard work. Federal regulations allow truck drivers to work 11 hour shifts and they do. A trucker has to stay alert and focused on the road, traffic, and other potential hazards for extended periods of time. Add to that the time constraints that shippers place on getting their goods delivered on time and you have the potential for fatigued operators who might be driving too fast.

With trucks being the largest and heaviest vehicles on the road, it makes sense to require trucking companies to equip their rigs with sensor technology that will alert drivers when they are following too close to other vehicles. A big rig can destroy another semi in a high speed collision, and a truck driver may be more protected from injury in a big vehicle, but riders in passenger cars are at a much greater risk of injury or death from a rear-end collision from a truck. This is clearly a case where technology could help save lives.

Ken & Jay Speak at New Jersey Trial Lawyers Association

May 21, 2019 by Levinson and Stefani Leave a Comment

Ken and Jay recently spoke at the New Jersey Association for Justice’s2019 Boardwalk Seminar. The seminar, held annually in Atlantic City, New Jersey, is consistently one of the largest educational gatherings of trial lawyers in the country, drawing over 2,000 attorneys. Ken and Jay, while always seeking to hone their skills by learning from some of the top trial lawyers in the nation, pride themselves in their commitment to speak at these seminars themselves.

“We really feel a responsibility to helping not only our clients, but all the people affected by the carelessness of others. With that, Jay and I try to help teach other lawyers whenever we have the opportunity,” said Ken.

Trying the Truck Case

Ken first presented at the “Trucking 2019: Big Rigs, Big Wrecks” session. He stressed how important it is for lawyers representing individuals and families in truck crash cases to realize the differences between trucking cases and automobile cases. One of the initial reasons, is the injuries tend to be more catastrophic given the typical tractor-trailer on the highway weighs roughly 40 times as much as a standard sedan. Ken highlighted the importance of helping clients navigate the often difficult medical path ahead of them.

Ken also stressed that truckers are professional drivers, usually working for large, sophisticated corporations. These drivers and truck companies are regulated by well-established federal safety rules, put in place to protect everyone on the roadways. In that vein, he spoke about the importance of educating judges and juries on those rules and the differences between “regular” drivers and professional drivers. For example, in hazardous weather conditions, professional truck drivers are required to not only exhibit “extreme caution,” but they are not allowed to drive once the weather becomes unsafe.

How to Handle Difficult Client Issues

Ken’s second presentation at the seminar was at during the “Intake to Verdict: Maximizing Your Client’s Claim” session. Ken quickly set the stage by clarifying that “difficult client issues” did notmean “hard to deal with.”

“Every client has challenges that we, as lawyers, have to be sensitive to,” Ken explained. Some clients are vulnerable, whether due to age, injuries, or any of a myriad of factors. Ken continued, “Our clients often have complex needs when they come to us: they’re overwhelmed with medical bills, they’ve lost income because they can’t work, or the family may need help navigating the probate system after a death.” Specifically pertaining to medical issues, Ken stressed the role lawyers play in helping clients find the right medical specialist, sorting out health insurance issues, and even guiding them through the often long and arduous road to recovery ahead of them.

“First and foremost, we must always remember that while we are experienced veterans of the litigation process and the court system, this is a new and frightening experience for the people we represent. We are here to help – and that extends beyond just ‘winning the case,’” Ken concluded.

Case Management Systems: Choosing the Right One, Maximizing Their Use and Automating Your Practice

At the “Technology for Litigators” session, Jay discussed the many options lawyers have for case management systems. He walked through the criteria that should be used to help choose the right CMS, but also how to leverage its various functions to improve efficiency and productivity at the law firm. Jay was able to utilize his trials and tribulations as managing partner of Levinson and Stefani Injury Lawyers for the past five years. He provided numerous examples of what works, what doesn’t work, and how each firm and attorney may have different needs and wants.

“As trial lawyers, we are always focused on serving our clients and getting the best results we can. Sometimes, though, it’s easy to forget that part of that is running an efficient office – and in doing so, we can better help our clients,” Jay said. The presentation included topics such as building checklists and processes into the CMS, as well as using document generation to more quickly push cases against insurance companies and their corporate lawyers.

Ken and Jay are always thrilled to help whenever they can. If you have a seminar where either of them could be of assistance, please do not hesitate to reach out!

Truck Drivers Must Stay Alert

April 29, 2019 by Levinson and Stefani Leave a Comment

Data compiled by the National Highway Traffic Safety Administration (NHTSA), showed that nearly a third of fatal crashesin work zones involve a large vehicle or semi-truck. With such large vehicle sharing the roadway with passenger cars, truck drivers should be extremely vigilant in taking every possible precaution to avoid collisions.

Keeping an eye out:

Looks can sometimes be deceiving. The weather can make it hard to see what’s happening on the road in front of you. A driver might forget to turn their lights on. A trucker might look at the radio for a split second when traffic starts to slow down. It’s important for every long-haul driver to look ahead to try to anticipate what’s coming. Scan the road in front of you and check the mirrors regularly to be aware of what’s happening in your blind spots.

Don’t rush:

The online fidget spinner store may have promised delivery within 48 hours, but despite our growing demand for things from the internet, we should still be demanding safe travel on our nation’s highways. Soon there may not be any corner stores left to get basics like groceries as giant companies buy everything and turn the world into robot-run warehouses. The stuff we order on our smartphone apps has to get to us somehow. Before artificial intelligence replaces the need for us to ever travel outside of our houses, it may be a good idea to keep travel times for the big truck deliveries on a realistic schedule. When a driver has to carry a shipment across the country, safety should always supersede faster delivery times. I’d rather have my special order, customized hanging flower pot late than risk a driver sliding off the road in a storm because he’s trying to get there quickly.

There is no valid reason for a semi-truck to drive too fast for road conditions. Trucking and shipping companies should be regulated with this in mind. Rather than focusing on getting bigger trucks to go faster, these outfits should be making sure that everyone arrives at their destination safely. If slightly longer shipping schedules can result in fewer crashes, it’s an idea worth studying.

Also, from a labor supply point of view, truck drivers might want to look into working for another firm if they feel pressured to cut corners to make faster deliveries. In an ideal world, everyone would just follow the rules. But let’s be realistic. There is a truck driver shortage in America. The pay isn’t bad, but it’s not an easy job. Long hours, sometimes monotonous, repetitive tasks, and physically demanding job requirements means this line of work is clearly not for everybody. If a driver works for a company that doesn’t put safety first, he or she should not be shy in demanding that companies follow safety laws that are put in place for a reason. We all need to earn a living, but in this labor market you probably have options.

Put your phone away:

Distracted driving is a huge problem. As tempting as our social media feeds are, when it comes to driving, you can’t do two things at once. Anyone who drives a car these days has seen a person behind the wheel looking down at their phone. No matter how talented you think you might be at texting and driving, don’t do it. Traffic conditions can change in an instant. That’s all it takes for a distracted driver to cause a wreck. If a message is so important that it can’t wait, find a safe place to pull over. It’s a no-brainer.

Kids Under 2 Require Rear Facing Child Seats in Illinois

April 23, 2019 by Levinson and Stefani Leave a Comment

Effective January 1, 2019, the Illinois legislature amended the law known as the Illinois Child Passenger Protection Act, requiring children under two years old to ride in rear facing child seats unless they weigh more than 40 pounds. This rule change also includes new fines. Violators will be assessed $75 for the first offense, and $200 for each subsequent failure to comply.

Illinois law already required children under 8 to ride in a secure child safety seat. A child’s safety is, of course, the reasoning behind these regulations.

A study conducted by the Centers for Disease Control and Prevention found that 35% of kids under age 12 that died in car crashes in 2016 in this country were not properly restrained. That means, that of the 732 motor vehicle crash deaths in that age group, at least 256 stories may have gone differently. That’s hundreds of families who might have had a different outcome.

Because Illinois law considers the first violation to be a petty offense, a person who has been charged with violating the Illinois Child Passenger Protection Act for the first time may avoid a conviction by successfully completing a child passenger safety instructional course and proving proof in court that they have a proper child safety seat for their vehicle.

Parents or guardians who have questions about how properly install child safety seats should reach out for help. One resource could be your local fire department. There are certified child passenger safety technicians who are available to help at firehouses, police stations, and sometimes hospitals. The National Highway Traffic Safety Administration keeps a list that can be found here: http://www.nhtsa.gov/cps/cpsfitting/index.cfm

Chicago residents can find help by phone too:

Chicago Police Department: Dial 311
Chicago Fire Department: 312-747-6691