Communication and Safety Culture Key to Retaining Safe Drivers, Industry Leaders Say

January 25, 2022 by Levinson and Stefani Leave a Comment

“These are professionals, from day one, [with whom] we emphasize they are the captain of the ship and we trust them to use their judgment and experience to make the call to shut down [if needed],” said executive vice president of U.S. Truckload for TFI International, Greg Orr. “They trust us to provide them with the equipment, training, and support to be as safe as possible.”

For carriers like TFI, a solid safety reputation is vital for recruiting and retaining experienced drivers, especially as new technology continues to make its way into truck cabs across the country.

Because of this, continuous and proactive safety training efforts allow veteran drivers to continue improving their skills and habits while also allowing newer drivers to build their safe driving behaviors. Applying telematics and recording device insight and data to training processes, along with regular driver feedback and input, has made the continual training methods in place easier for many carriers, such as Estes Express Lines.

For the LTL carrier, this kind of technology brought some hesitation among drivers, but thorough communication helped put minds at ease, according to the company’s vice president of safety and risk management, Curtis Carr.

“We went on a road trip to many of our terminals and met with our drivers to explain what we were doing and why, how it would work, and how it would help them,” he explained. “We told them what we’d be measuring and the parameters for what events [the software] would track.”

Once guidance and coaching were made commonplace with such new technological advances coming to the cab, drivers began lessening their opposition to the changes.

“It’s just like a football coach,” said Carr. “These are the game tapes we are studying. If there’s something you’re doing well, keep it up. If there’s something we can improve, let’s work on it. We bring coaching opportunities to the driver’s attention in a positive, encouraging environment.”

Additionally, drivers want to know that all equipment at hand is maintained properly and is modern enough for regular use in today’s supply chain, noted Bettaway Supply Chain Services president, John Vaccaro.

“Nobody wants to break down, he said. “It’s our job to give them a truck that’s properly maintained so they can turn the key and go without any safety issues. It’s the driver’s job to do a thorough pre-trip, and if something comes up, [to] flag it so we can fix it before he goes out and point out anything when he comes back in.”

Still, drivers need to know the huge safety boosts that come with collision avoidance technology, in-cab cameras, and other innovative technological systems, Carr noted.

“What’s better than stopping a truck before an accident can occur?” he asked. “It’s been nothing but a great tool to help us defend our drivers from false claims and coach them in a positive manner [on] how to improve their skills and become even safer. I can’t understand operating a fleet those days who would not have a drive-cam.”

Most important, though, is a carrier’s overall culture of safety, explained vice president of safety and risk for Pitt Ohio, Jeff Mercadante.

“They know we put safety first,” he said. “We are ethical–we won’t have them break the rules in any way. Attitude and work ethic are everything. Our job is to provide the necessary training and provide the best equipment with the latest safety technologies so they can do their jobs safely.”

When drivers at CFI–a truckload carrier at which Orr also serves as president–were asked why they decided to drive for that particular carrier, most brought up the company’s exemplary safety record.

“Seventy percent answered that they’ve read reviews about us and how we emphasize a ‘captain of the ship’ mentality,” Orr said. “They watch videos and talk with other drivers. That’s the best endorsement we can ask for.”

Carrier leaders should also always prioritize personal connection with drivers and be willing to hear their worries and opinions on any given safety matter, Orr added.

“That’s really the key–staying connected with that driver, resolving issues, [and] being there for them at all times,” he said. “At the end of the day, they want to be safe and we give them the support, responsibility, and accountability to do that.”

Ken Levinson Recognized as 2022 Top 100 Super Lawyer

January 24, 2022 by Levinson and Stefani Leave a Comment

Levinson and Stefani congratulates Ken Levinson on being recognized as a Top 100 Super Lawyer in Chicago for 2022!

Levinson has been selected as a Super Lawyer by Thomson Reuters for over a decade, and is beyond honored for this recognition in the new year.

“We’re thrilled for the acknowledgement from our peers–this is truly a vote of confidence and recommendation by fellow lawyers in the community, and by fellow Illinois attorneys who screen their colleagues throughout the state,” Levinson said. “To be recognized by my peers is fantastic and I’m just really thrilled and honored to be in the top 100 category–it’s just really humbling.”

Thomson Reuters’ Super Lawyers chooses outstanding attorneys through a multiphase selection process, including peer nominations, thorough evaluations, and independent research, with candidates being evaluated on a dozen criteria in regards to personal, professional achievement and peer recognition.

The overarching goal of Super Lawyers is to comprise a comprehensive listing of attorneys who go above and beyond so that clients can find the best legal counsel possible to fit their needs.

Levinson and Stefani’s Jay Levinson was also chosen as a top 100 Super Lawyer for 2022, about which Levinson is equally as thrilled.

“It really shows how much effort we put into our cases and how much we truly care about our clients,” noted Levinson. “This reflects upon our representation within the community–but it’s all about our clients, really. That’s the focus. It stems from our hard work and the dedication we have to our clients.”

To see a full list of Illinois’ 2022 Top 100 Super Lawyers, click here.

The Most Recent Method of Finding New Truckers: Recruiting Out of High School

January 22, 2022 by Levinson and Stefani Leave a Comment

Carriers have been scrambling more than ever before to acquire new truck drivers as the industry continues experiencing what seems like a never-ending trucker shortage. From pay boosts, added benefits, and sign-on bonuses to potential initiatives allowing drivers under the age of 21 to begin operating commercial motor vehicles in interstate commerce, the methods of expanding the pool of available truck drivers are changing constantly. The latest attempt: recruiting young drivers out of high school.

“What we’re trying to do, as a nonprofit trade association, is raise awareness of the trucking industry,” said Lindsey Trent, president of The Next Generation in Trucking Association. “We’re doing that in several ways. Recently, I gave a presentation to the American School Counselor Association, so all of the school counselors across the United States got to hear a general presentation about the trucking industry and the different jobs that are in trucking.”

Next Generation’s aim is to change stereotypes around the tucking profession that many professionals–and parents–believe. According to Trent, the main mindset the association would like to change is that the only path to success is a college-to-workforce path that often comes with high amounts of student loans, and therefore, debt.

“We’re not about pushing students into this industry [quickly],” said Dave Dien, Next Generation board member and teacher at Patterson High School in Patterson, California. “We want to make sure that those who choose this industry are well-fitted and they have the proper skills and foundation to do well.”

For the last five years, students at Patterson High have been able to enroll in the Next Generation program during their senior year and acquire a commercial driver license. As of now, 20 of the school’s students are enrolled in the program, which requires 180 hours of classroom instruction, 110 hours of training behind the wheel, and an additional 30 hours of training in a truck-driving simulator.

Now, the program is working to allow junior-year students to enroll in the program as soon as next year, which would offer them an additional 200 hours of instruction in a classroom setting before progressing to commercial driver license training, specifically.

According to Trent, Next Generation has adapted its curriculum to be flexible enough for a majority of school districts, with schools across the country showing interest in incorporating it into their career guidance programs.

“There’s a buzz about it now,” said Dein. “The best word that advertises is word-of-mouth. Students who have graduated [from] the program–they’re finding success in the industry. There [have been] a lot more students that want to take the class because they hear about it.”

With the available flexibility the program offers, “it seems that it has changed the mindset of what they thought trucking was about,” Dein said in regards to students enrolled in the program.

Because the DRIVE-Safe Act has been signed into law by President Biden, Trent and Dein predict that even more students will begin to find interest in their program and in the trucking industry as a whole. Part of the DRIVE-Safe Act’s initiative is the pilot program allowing drivers between the ages of 18 and 21 to drive interstate in commercial motor vehicles.

“Once you have 18-year-olds driving interstate, we feel that the next step is really going after that career and technical education funding to build programs at the state level,” said Don Lefeve, board member of Next Generation and former CEO of the Commercial Vehicle Training Association. “That’s working not only to get them interested while in high school, but really to partner with community colleges and private truck schools that may be in their area to help deliver the skills training for them.”

Attempts to increase interest among young drivers is common, but many safety advocates worry that such young, inexperienced drivers lack the maturity or patience needed to work as a safe truck driver. Addressing the driver shortage is important, of course–but the safety of American roadways should always remain top priority, noted Levinson and Stefani’s Ken Levinson.

“You can’t give the key to an 80,000-pound, dangerous truck to an inexperienced driver,” he said. “There is no substitute for good experience–you don’t just pick up driving right away. A car–let alone a commercial vehicle–is way too dangerous to operate without sufficient experience. There’s a certain maturity that it takes to drive a vehicle with this amount of weight and complexity. They’re not easy vehicles to operate, and companies need to be very cautious about bending safety rules despite the pressures to hire new drivers.”

Levinson and Stefani Welcomes Brett Kaplan, its Newest Associate Attorney

January 21, 2022 by Levinson and Stefani Leave a Comment

Levinson and Stefani is excited to welcome its newest Associate Attorney, Brett Kaplan!

Kaplan, who earned his Juris Doctor in 2015 from Chicago-Kent College of Law, has spent the last six years litigating corporate and injury cases, although his passion lies strongly in securing successful results for his clients regarding personal injury matters.

“I like the aspect of helping people who are in need of assistance when they don’t really have anywhere to look or don’t really know what the right thing to do is,” explained Kaplan. “Everyone has seen movies about lawsuits, but they don’t really know what goes into them. A lot of the time, we’ll see these clients who are really in need of legal assistance and guidance, and I think it’s nice to be there for those people. I kind of got into this field by luck–but that’s what has kept me so intrigued by it.”

In fact, Kaplan wasn’t necessarily searching for a new firm when he was informed of an open role at Levinson and Stefani–which goes to show his new position was indeed meant to be.

“I got a call from a family member of mine who knows Ken and Jay–he reached out to me and said there was an opportunity,” he said. “He told me a bit about them and had great things to say, so I took a few calls and was very impressed. After some time, I decided to make the move.”

Now, Kaplan is thrilled for a chance to grow even further in his experience as an attorney, and to do so alongside some of Chicago’s most widely-respected personal injury lawyers.

“My goal is to learn more about legal practice and to maximize my ability as a litigator,” Kaplan noted. “The reason I came to this firm is because I believe this is the right place for that. I know I’ll learn a lot; I’ve had a lot of experience, but I always want to continue to learn and become a better attorney. I think there’s a lot of potential at this firm and my hope is that I will be one of the catalysts that can help bring the firm to new heights.”

More Concerns Arise Regarding Young Trucker Pilot Program

January 21, 2022 by Levinson and Stefani Leave a Comment

In the midst of the ongoing truck driver shortage, many carriers and industry members have been backing the proposed pilot program that would allow drivers under the age of 21 to operate commercial vehicles in interstate commerce. Now, safety advocates within the Owner-Operator Independent Drivers Association are begging the question, will these young truck drivers even be able to find insurance?

Until now, drivers between the ages of 18 and 21 were only permitted to drive within intrastate commerce by most states.

“We expect it will be difficult for many motor carriers to afford insurance coverage for younger drivers,” said Todd Spencer, President and CEO of OOIDA in a letter offered as commentary for the program proposal. Spencer’s opinions on the pilot program have mostly appeared to be in opposition, although OOIDA hasn’t stated its exact stance on the matter.

Spencer explained that a majority of carriers would have trouble insuring riskier young truckers.

“Small-business motor carriers are especially unlikely to take the risk of insuring under-21 drivers without evaluating the costs and benefits to their operations,” Spencer continued. “In all likelihood, only self-insured carriers will be willing to provide coverage for under-21 interstate drivers.”

The Apprenticeship Pilot Program, proposed by FMCSA, would allow for these young driver apprentices (who already have commercial driver licenses) to undergo two probationary training periods before becoming permitted to operate within interstate commerce: one training period alongside an experienced trucker while completing 120 hours of on-duty time, with 80 of those hours in a truck; the other with no other driver necessary while completing 280 on-duty hours, with 160 of those hours in a truck.

OOIDA’S most pressing concern is that FMCSA will not collect sufficient data throughout the program and won’t be able to make an efficient decision in regards to the safety concerns at hand surrounding young drivers operating CMVs in an interstate capacity.

“FMCSA must incorporate more specific data collection methods that will better determine whether under-21 drivers can safely operate in interstate commerce,” continued Spencer in his letter.

Additionally, OOIDA “would like to see more details about how the safety data collected will be compared with other drivers, including how the control group will be selected,” wrote Spencer, claiming that FMCSA has yet to declare proper definition for the composition of the control group itself.

The study should also analyze problems around long detention times and involve safety and crash data around intrastate drivers, OOIDA says, as the main argument in support of the program is that young drivers are already able to operate within intrastate routes. Additionally, data collection on program participant performance should be continuous, Spencer said. “We strongly believe the APP must monitor and analyze apprentice performance after they have completed the required probationary periods,” he continued in his letter.

There should also be a concrete timeline regarding the length of the APP, according to OOIDA. “How will the agency decide whether APP should be extended, expanded, or discontinued in the final data analysis?” asked Spencer. “If crashes and fatalities occur during the program, will those be made public?”

Many public comments echoed OOIDA’s concerns, with some commenters expressing worries that young drivers will be easily overwhelmed with the demands of the industry today, or that they will just not have the maturity needed for overall safety in their day-to-day routes.

“As a 42-year veteran trucker [and] owner with a five-million-mile, no-accident safety record, I feel that younger drivers do not have the patience and ability to control [their] emotions,” said industry member Marc Edleston in a public comment. “Driving is more than operating a large vehicle. You encounter bad weather conditions, bad road conditions, and most of all–other bad drivers. One must always be extremely patient.”

OOIDA believes that overall, the program is likely a chance for FMCSA to push forward more of its agenda, with Spencer stating that the APP “is another opportunity to examine the cause of excessively high driver turnover rates.”

Crashes Continue in Winter Weather; Safer Driving Practices are Vital, Ken Levinson Says

January 19, 2022 by Levinson and Stefani Leave a Comment

Winter weather has taken its toll across much of the midwest and east coast, with incoming storms that have been quite unexpected–and severe.

This month, we’ve already seen arctic air surges throughout the Northern Plains and the Midwest, heavy snowfall across New England and the Northeast, and even inclement weather and snow storms in the Pacific Northwest and Northern Rockies.

In the first few weeks of the year, many states have been seeing concerning incoming weather systems that have raised worries for truck drivers and passenger drivers alike. Low pressure off of the Mid-Atlantic coastline made its way northeast, bringing moderate and heavy snowfall to areas across New England–with snowfall of up to 8 inches showing up in eastern Massachusetts, eastern Connecticut, Maine, and Rhode Island.

“High winds are expected throughout the state, increasing the danger of downing powerlines and trees,” said the Maryland State Highway Department.

“There will be high wind warnings for much of the state today, and likely closures to Light and High Profile Vehicles,” said the Wyoming Highway Patrol. “Please monitor wyoroad.info or 511 for updates on opening times for I-80, as well as potential wind closures. If [or] when it opens, please be safe and allow extra travel time.”

Snow bands formed throughout the Great Lakes, with other cold weather systems making their way throughout the Northeast and Mid-Atlantic. Additionally, the Northwest saw heavy amounts of moisture, with one-to-two feet of snow showing up across the Northern Rockies. Blizzard warnings have been in effect due to heavy winds and drifting snow throughout the Northern Great Basin and Northern Rockies, as well, with another arctic cold front showing up later throughout the Midwest and Northern Plains. This cold front brought with it freezing rain, along with more snow–especially across the Midwest.

As was to be expected, roads across the country began seeing various crashes and incidents taking place, often shutting down stretches of highway.

“A tractor-trailer rollover on Interstate 95 north at Exit 90 by the Mystic Aquarium caused over 400 feet of damage to the wire rope guardrail and has [a] portion of the highway shut down right now,” said the Connecticut State Police in a social media post. “Thankfully, there were no other vehicles involved and no one was injured.”

Troopers in Jackson also brought attention to snow-caused accidents, tweeting: “Troopers are currently on the scene of a crash that had the westbound lanes of I-40 shut down at the 93.2 mile marker. Please use caution and seek an alternate route if possible.”

Connecticut police also called for safer driving during this kind of weather. “These crashes are preventable,” they continued in their post. “We urge commercial drivers to reduce their speeds in these poor weather conditions. Doing so can help prevent costly damages and tragic crashes.”

Levinson and Stefani’s Ken Levinson agreed with this call for safety, noting that distracted or lazy driving can be detrimental during this time of year–especially when it comes to sharing the road with heavy duty trucks.

“You should always drive defensively and be very cautious of trucks near you, especially in bad weather,” he urged. “You never know who’s driving the commercial vehicle in front of you–it may be a trainee, someone underqualified, someone who’s had previous crashes who shouldn’t be behind the wheel at all…they could be distracted, beyond their hours of service, and tired, so be very, very cautious.”

In case these warnings fall on deaf ears, Levinson reiterated that devastating accidents do indeed occur often–particularly when someone isn’t paying close enough attention to the road or is too impatient while driving in inclement weather.

“We see a lot of crashes in the cases brought to our office in which the crash occurs because the driver wasn’t trained well, was distracted, or was tired, so extra caution needs to be taken in this kind of weather,” he noted. “Impatience is something we all face on the road. There’s a dynamic where you’re frustrated, you want to get to where you have to be, and it’s just not worth it to speed or pass a vehicle improperly or cut corners. In the long run, you want to be patient so you can get to your destination in one piece. It’s easier said than done sometimes, I get that, but it’s all the more reason to stay safe when a truck is in the vicinity–it’s just too dangerous.”