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Levinson and Stefani

Trucking Industry Embraces Contactless Delivery and Electronic Bills of Lading in Midst of Pandemic

January 10, 2021 by Levinson and Stefani Leave a Comment

Electronic bills of lading are becoming more and more common as both trucking companies and customers adopt the technology as an extra precaution to keep truck drivers safe.

The coronavirus pandemic rages on, and shippers are still doing what they can to ensure the safety of truckers serving at the front lines of America’s pandemic response efforts. Many companies have already been using electronic documents in lieu of traditional paperwork for years, as electronic bills tend to improve transaction efficiency and workflow, but with the focus on safety and limited person-to-person contact, virtual documents have become more prevalent in the industry than ever.

“Because of COVID, and the health and safety component, it shined a light on an issue that was ripe for further discussion and refinement, said Tom Madrecki, vice president of supply chain and logistics for the Consumer Brands Association, which recently implemented a Contactless Delivery Task Force. “All of a sudden, it became really paramount that everyone in the supply chain stayed safe.”

Soon, the task force grew to nearly 40 members throughout the industry of packaged goods, including carriers, tech facilitators, and retailers alike. 

The task force, which focuses on furthering the current momentum of finding more contactless delivery options, is working to boost the widespread utilization of contactless delivery as a practice. These methods include the updating of delivery processes, data sharing, and carriers’ current delivery platforms.

Task force member and Coyote chief network solutions officer Nick Shroeger believes supply chain workforce safety is extraordinarily important right now, and that universal contactless delivery practices are a no-brainer.

“If you think about where there’s the most interaction between different companies between carrier and shipper, it is when the driver is checking in and checking out, so how do we reduce the amount of manual touch points and contact points between two individuals?” Shroeger asked. “When you’re intersecting with so many independent drivers that check in and out of the facility, it’s hard to have that standardized process or practices to ensure safety for your people.”

This worry brings the chance to create an industry-standard solution, he explained.

Madrecki agreed, adding that companies also need a solution that will be easy enough to use across the industry and across current company technology. Additionally, Shroeger and Madrecki both mention the “app fatigue” that already exists among many truckers who have been adapting to so much new technology on the job.

“Carriers don’t want 15 apps when they pull into a facility,” Madrecki said. “Everybody wants a solution, just one, that accounts for those different use cases and needs.”

Bills of lading–which work as contracts between consignors and consignees, as well as freight receipts and official documentation of transfers of goods–had already been heading towards becoming widely electronic before the pandemic. Now, electronic bills are becoming standard much more quickly than previously expected due to the safety concerns arriving with COVID-19.

“It takes a lot of human interaction to pick up and deliver a load,” said Robert Solimani, Vice President of Stevens Transport. “What COVID has done is have people thinking outside the box. It has spurred the industry into advancing current technology into the 21st century to allow carriers, shippers, and receivers to be on the same page as to how to make us more efficient.”

Zonar Systems has been utilizing electronic bills of lading consistently for about four years already, after releasing Zonar Forms (ZForms) to replace paperwork in an effort to expedite the driver-to-dispatch process. A ZForm allows for electronic signatures and digital bill of lading records.

“Obviously, with the [electronic logging device] mandate, that changed a lot of carriers and how they managed their [fleets],” explained Zonar’s vice president of safety and compliance, Fred Fakkema.

Electronic document management has also been made available within ELD and trucking tech provider KeepTruckin, whose fleet management software allows drivers to manage documents, including bills of lading, right on its mobile app.

“Paper logs, bills of lading, and manual paperwork are a big pain point for drivers,” said KeepTruckin’s head of safety and compliance product team, Abhishek Gupta. “Historically, they had to store paperwork in the truck and had to fax it or drop it off. It is time-consuming, error-prone, and not easy to keep track of. We built this app to streamline the process.”

Although many trucking company leaders say a 100% switch from paper may not be possible anytime soon, Gupta believes electronic documentation has only just begun.

“The uptick has been there since the mandate, and with COVID, it is more important than ever,” said Gupta. “But the benefit of the technology for the driver or back-office staff has been so remarkable, it will only continue the trend. More fleets and drivers will realize that embracing technology will be beneficial in the long-term. In a post-pandemic world, the trend will only accelerate.”

Ken Levinson named Top 100 Illinois Super Lawyer for 2021

January 9, 2021 by Levinson and Stefani Leave a Comment

Levinson and Stefani’s own Ken Levinson has been named not only a Super Lawyer–but a Top 100 Illinois Super Lawyer for 2021.

Super Lawyers, a rating service branch of Thomson Reuters, rates outstanding lawyers “from more than 70 practice areas who have attained a high-degree of peer recognition and professional achievement,” according to Super Lawyers’ website. The service uses peer nominations, peer evaluations, and its own independent research for selection.

Levinson has been named a Super Lawyer every year since 2010, and has also been named a Top 100 Illinois Super Lawyer for 2012, 2016, 2020, and now, 2021.

“Each candidate is evaluated on 12 indicators” of achievement and recognition, says the Super Lawyers site. “Selections are made on an annual, state-by-state basis. The objective is to create a credible, comprehensive and diverse listing of outstanding attorneys that can be used as a resource for attorneys and consumers searching for legal counsel.”

Not only does Levinson continue to be named a Super Lawyer and Top 100 Illinois Super Lawyer out of around 95,000 attorneys throughout Illinois, but Levinson was the only Top 100 Illinois selection who concentrates nearly exclusively on truck and auto crash injury cases–which make up over 95% of the firm’s overall cases.

After evaluating research and peer evaluation, Super Lawyers uses a patented selection process to recognize top Illinois Lawyers who receive the highest point totals. These particular lawyers are then further recognized throughout the lists of Top Illinois Super Lawyers.

Nominations for Super Lawyer candidates come from either a managing partner survey, a peer nomination, third party feedback, or Super Lawyer Research Team identification. 

Then, through independent research, a candidate’s professional achievement and peer recognition are evaluated based on 12 indicators– including transactions, experience, awards, scholarly lectures, and pro bono and community service.

Then, candidates with the highest point totals from these first two steps serve on the Blue Ribbon Panel for peer evaluation–Blue Ribbon Panel members proceed to evaluate other candidates within their own primary areas of practice.

Finally, a representative number of small, medium, and large firm attorneys are chosen for final selection, with only 5% being selected as Super Lawyers. These lawyers are deemed to be the “best of the best” attorneys, and Super Lawyers limits lawyer ratings to those who can be hired and retained by the public, as the entire Super Lawyers system is meant to be a helpful lawyer-selecting tool.

Levinson and Stefani Help With Publication of New Edition of Auto Injury Case Litigation Book

January 9, 2021 by Levinson and Stefani Leave a Comment

The 2020-2021 Edition of Litigating Major Automobile Injury and Death Cases has just been released, and Levinson and Stefani have contributed to the book.

Litigating Major Automobile Injury and Death Cases is divided into two separate volumes and aims to give plaintiff attorneys proper guidance in regards to major automobile injury and death case representation. It also provides specific strategies for using the least expenditure of effort in order to win the largest damage awards as possible.

Volume 1 of the book, Law and Forms, explains how an attorney can build the best possible case by “incorporating litigation strategies that undermine expected defense strategies and affirm [the] case.”

Volume 2, Forensic Science, is medical reference-based and offers data regarding injury mechanism topics. These are meant to “prove causation and damages for a variety of crash types and crash injuries, including epidemiology, injury risk by crash type, injury pattern analysis, biomechanics, and more.”

Levinson and Stefani took the initiative to contribute a section written by Louisville-based attorney Jay Vaughn, who specializes in remote depositions. Vaughn was able to add guidance on this topic in an effort “to help practitioners during the pandemic working remotely,” which will also be “for use even when things get back to normal,” explained Ken Levinson.

In this particular contribution, Vaughn details certain technology basics, a ‘Best Practices’ checklist, court reporter instructions, the sharing and usage of exhibits, and deposition notice samples for Zoom.

The book also features tools such as focus group, trial consultant, and juror interview guidance; ways to construct the best visual aids and prepare effective presentations for a jury; procedures that give step-by-step guidance from a client’s first meeting all the way to a winning judgment; legal resource references for litigating a case to a favorable verdict; air bag, seat belt, and other auto safety-related technical articles; and scientific articles to help attorneys obtain expert and opposing expert critical testimonies.

To purchase an individual volume or the full set of the latest edition of Litigating Major Automobile Injury and Death Cases, click here.

Trucking Companies Turn to Apps to Help Keep Employees Safe From COVID-19

January 9, 2021 by Levinson and Stefani Leave a Comment

Modern technology has become a staple for trucking companies navigating the challenges of operating during the coronavirus pandemic–namely, software applications.

Specific apps have been helping employers and employees alike better understand the risks of COVID-19 that may occur while at work, and can also allow companies to track employee health, address fears around the virus, and help employers properly respond to a worker contracting the virus.

“While many communities across North America and the world are declaring a state of emergency and are mandating the closure of nonessential businesses, trucking logistics companies are continuing to deliver the goods that we rely on every single day,” said Geotab CEO, Neil Cawse.

Because truckers are still at the frontlines, coronavirus-focused trucking apps need to become readily available for workers across all trucking companies, especially apps with consistent updates on which areas are most affected.

“For instance, if the number of infected [people] has been going up in Charlotte, North Carolina, I might want to take a few extra precautions if I’m going there,” said trucker Todd McCann, who also noted that many truckers have been using word-of-mouth to share COVID-related updates within the industry.

“I work for an LTL company and we often have city drivers from all over the map drive our trucks while we are sleeping at the hotel,” he continued. “It would be extremely important to know if the driver who drove my truck that day showed symptoms of COVID-19.”

However, getting this kind of app usage to become widespread across trucking companies may be more difficult than one might think, McCann said.

“You’d be shocked [by] how many drivers out here are still rocking flip phones–seriously.”

Truck driver training firm CarriersEdge co-founder, Jane Jazrawy, agreed, also saying truckers must be able to stay in constant communication with their companies while on the road. Jazrawy believes the need for a workplace coronavirus management app is of the utmost importance right now.

“[Employees] need to be able to connect to someone at the office if they need help, and they need to know what resources they have if they have symptoms on the road or find themselves in a situation where there is potential exposure,” she explained.

To bring common usage of an app like this would require slow buy-ins and proper testing, though, Jazrawy said.

“The best way to make sure that any technology adoption is successful is through a pilot rollout,” she explained. “Choose a small group of drivers and ask them to be part of the test and ask them to use the system. Ask the drivers who you think will be the most resistant–if they are included in the decision process and they like it, it will be much easier to persuade others to adopt the technology. The pilot doesn’t have to take very long if you want to get started quickly.”

So far, bigger companies like Ryder System Inc. have been able to create their own custom company apps for purposes like these.

“Our approach has been to utilize our existing tools and data analytics capabilities, while augmenting with outside technology partners to solve for a particular use case,” said Ryder Supply Chain Solutions vice president of supply chain excellence, Gary Allen. “As an example, Ryder already has safety solutions–Internet of Things devices–to track personnel and material-handling equipment, and an analytics platform to monitor performance across our business. Our business analytics team built our own app to help with monitoring external hot spots, internal case status, attendance issues, and business interruptions across our Ryder network.” 

Still, companies without the capacity for custom app creation can utilize already-made apps for protecting employees from the virus–some that only focus on workplace COVID contact tracing, and others with management solution tools to use during the pandemic. Some of these apps are (often free) software packages, and some are add-ons to other more extensive management packages.

For example, SafetyTek COVID-19 Workforce Health Analysis is a free, stand-alone tool with cloud-based software and the capacity to monitor at-work safety.

“We’re making this solution free because we strongly believe that every company should have access to all the tools available to ensure their team’s health and safety,” said Ryan Quiring, CEO of SafetyTek.

Employees can update their COVID status daily on the app, while companies can offer updated insight on work-from-home situations, human resources, and other safety information.

Kokomo24/7 COVID19Tracker is also free software that consists of a contact tracing tool allowing companies to track their employee’s health and to alert employees that may have recently been in contact with another worker who has contracted the virus. The software uses artificial intelligence to determine the probability of reported COVID cases that need “proactive intervention” from company officials or public health authorities.

Other apps include the stand-alone PwC Check-In and Apian Workforce Safety and Readiness, as well as add on modules like Ceridian Dayforce Employee Safety Monitoring and Pega COVID-19 Employee Safety and Business Continuity Tracker.

“Today, more than ever, it’s critical that employers prioritize employee wellness by engaging and caring for their people,” said Ceridian Chairman and CEO, David Ossip.

Trucker Training Faces the New Realities of the Pandemic

January 8, 2021 by Levinson and Stefani Leave a Comment

Trucking operations across the country have had to adapt their protocol and day-to-day business practices to the realities brought on by the coronavirus pandemic. These changes included everything from technology use to sanitation routines, but some major changes that have come about are those regarding new driver orientation and training methods.

“We’ve done quite a few things,” said Roadmaster Drivers School president, Brad Ball. “We stopped training on the weekends and enhanced our cleaning efforts. We started handing out protective gear to the students. We’re requiring masks on campus and 6-foot distancing.”

The biggest difference, Ball said, is the change in driving student numbers allowed at a time.

“We reduced the number of students we have in school because of social distancing, and we actually took out chairs and computers so the students are sitting 6 feet apart. All of our schools across the country have a lower maximum number of students in the classroom.”

Additionally, at Roadmaster, students now must be informed of all potential coronavirus risks during any training process. Informative signs have been posted throughout training facilities, and an additional class has been added that is dedicated specifically to a trucker’s coronavirus risks while on the job.

“The first thing that we did was we met with our physician and outlined a questionnaire to make sure that anybody we were bringing in did not have an extra risk in contracting COVID,” said Prime Inc. manager of driver recruiting, Travis Bacon. “We required everyone to pass that questionnaire.”

Springfield, Missouri-based Prime Inc. has been keeping students as separated as possible with more options of class times, and has implemented virtual training classes–something not often considered in the world of new truck driver training and onboarding processes.

“We also started going to a virtual orientation,” said Bacon. “Basically, we were having them complete their interview virtually, [and] all the classes that they are able to do virtually.” 

C.R. England’s vice president of driver recruiting and schools, Wayne Cederholm, agreed that the virtual aspects of the new reality of training have been a major shift within the industry, and that there are some hefty limits to remote truck driver training in general.

“It has been the most unique challenge I have faced in my career, personally, when it comes to training truck drivers, and even recruiting them,” Cederholm explained. “[Out of] a couple of big changes that we have made, one is that we do have a remote orientation. We provide masks to every single employee, driver, [and] applicant that comes through our facility. We have spread out how many people can go on a truck at any given time. We have completely reduced our rations.”

In terms of new driver training technology, Schneider National unveiled its completely-remote driver orientation program in September, which will work to help incoming truckers social distance and still receive proper orientation and onboarding experiences.

“The remote course that is covered in hotel conference rooms is the same curriculum that is being presented at Schneider training academies,” said Schenider’s vice president of safety, driver training, and compliance, Tom DiSalvi. “It’s just being broadcasted remotely to allow for even greater social distancing.”

DiSalvi also explained that remote orientation has the capacity to be provided to the same number–or to even more–students than would regularly be training in a traditional in-person class, and all orientations are conducted from designated hotels located close to Schneider training facilities.

“Very little change was required, other than [that] all of our students are now issued Chromebooks,” said DiSalvi. “We have coordinated remote training classes for our office and shop associates in the past, but this is the first time we’ve done remote training for our driver associates.”

Not all trucking companies have fully embraced virtual orientation and training, yet, though, and understandably so, when truck driving is, of course, a career with duties that must be executed in-person.

“We have dabbled in [remote training], we’ve tested it, and we’re not there yet,” said Roadmaster’s Ball. “We’re not convinced virtual training is an efficient method of training people who are learning how to drive a truck. It’s a very hands-on thing that we’re teaching here, and we just found that being in the classroom is just the right way to teach this curriculum at this time.”

AV Legislation Returns to House, While Some Supporters Say Reconsideration Unlikely

January 7, 2021 by Levinson and Stefani Leave a Comment

The U.S. House of Representatives is considering a bill that would allow car manufacturing companies to distribute up to 100,000 self-driving vehicles. The legislation, called the SELF DRIVE Act, has received little-to-no attention over the last few years. It was passed unanimously in 2017 by the House, but failed within the Senate. Democrats and trial lawyers both worried about potential lawsuits that could arise if someone is injured or killed in an autonomous vehicle.

The measure would give the Secretary of Transportation the ability to make federal motor vehicle rule exemptions regarding a car’s need to have a human operator on board. 25,000 cars per carmaker could be operated initially if a company can show it meets traditional vehicle safety standards.

Following a period of one year, a manufacturer’s exemptions would rise to 50,000 and then to 100,000 in the two following years. States would not be able to limit sales more than the federal statute with any new laws. Right now, a car manufacturer can produce 2,500 self-driving vehicles for testing.

Ohio Representative Bob Latta believes the self-driving measure should resurface in Congress after the House’s major backing in 2017.

“This is a very good bill,” Latta said. “Not only for safety–we had over 37,000 people killed in traffic accidents–but also for the bipartisan work that was done.”

However, Michigan Representative Debbie Dingell said she won’t support the revisited measure, although she was a proponent of the 2017 version, because she doesn’t believe it will reach proper reconsideration in committee or within Congress before the end of the term.

“The Congress should have considered autonomous vehicle legislation, but for a variety of reasons, that has not occurred,” she explained.

Latta’s “desire to see action by our colleagues” is respectable, Dingell said, and agrees that immediate action on the matter of AV is necessary. She also expects 2021 to include many bipartisan discussions on self-driving legislation, and that she has already received Democratic leader commitment to making the issue a priority if the democrats continue their control of the House.

Bringing back the legislation was a “cynical” move for lawmakers who have seemed nonchalant in regards to AV regulation, said Center for Auto Safety executive director, Jason Levine.

“As a reminder, this bill contains no regulatory or testing requirements to improve public confidence in the long-term safety of driverless vehicles,” he said. “Instead, the SELF DRIVE Act protects auto manufacturers and technology companies from legal responsibility when their unregulated products put consumers at risk.”

This news comes shortly after major trucking company Daimler Trucks purchased a majority share in Torc Robotics in efforts to work toward Level 4 autonomous truck development. The companies see the path to AV trucking as a marathon rather than a sprint, and believe they can bring automated trucks to mainstream transportation by 2030.

SAE Level 4 is the name for a truck’s ability to operate without driver assistance or input during certain conditions or in specific areas.

The companies have also been urging Tier 2 suppliers for additional safety tech, and announced that Daimler’s Autonomous Technology Group would build headquarters in Albuquerque. The center will boost testing capabilities and data collection for the use of innovative vehicle technology on public roads.

Torc Robotics CEO Michael Fleming noted that there are still many obstacles ahead, and that safety-focused technology is not quite ready for commercial deployment.

“We have been engaging Tier 1 suppliers with new requirements, trying to push the envelope on radar, lidar, and cameras, and also compute systems at the same time,” he explained. “At the end of the day, when we bring product to market, it has to be cost-effective, meet the performance specifications to address not only safety, but ensuring we can drive efficiently to the destination and deliver goods in a timely fashion…There isn’t, in my opinion, automated vehicle hardware commercially available that meets all three today.”

Still, collaboration is key to pushing new methods of safety technology forward, Fleming said.

“Daimler’s commitment to safety, innovation leadership of truck technology, and foundational knowledge of on-road scenarios that truckers encounter has moved our system faster than we could have done alone as a technology firm.”

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