• Skip to main content

Levinson and Stefani Injury Lawyers

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

(312) 376-3812

  • Home
  • About Us
    • Attorneys
      • Ken Levinson
      • Jay Stefani
      • Vanessa A. Gebka
    • Practice Areas
      • Truck Crashes
      • Bus Collisions
      • Auto Accidents
      • Child Injuries
  • Firm News
  • Library
    • Articles
    • Cases
    • Law
    • Video
  • Blog
  • For Lawyers
    • Focus Groups
  • Free Case Review

Levinson and Stefani

Think Top Safety Scores Mean Safer Cars? Think Again, New Study Says

April 4, 2021 by Levinson and Stefani Leave a Comment

Even while driving in a car with top safety scores, the difference between driving safely and driving just a few miles per hour faster can make crash injuries exponentially worse, according to new research.

A vehicle that is given a score of “good” during crash tests conducted by the Insurance Institute for Highway Safety–a top score in this testing–at 40 miles per hour would likely earn a “poor” rating during an identical test conducted at just 5 miles per hour faster, according to the study. These kinds of tests are typically done at vehicle speeds of around 35 miles per hour and don’t necessarily depict the actual danger of the speed with which drivers typically travel on American roadways.

Still, consumers usually rely on these crash test scores given by either independent or government testing groups when purchasing a vehicle.

Testing cars at higher speeds seems like a viable solution, but that isn’t actually the case, said IIHS spokesperson Joe Young. IIHS, an insurance-funded advocacy and research group, co-authored this study.

“At first glance, increasing crash-test speeds sounds like a good way to improve design, but it actually could have unintended consequences,” explained Young. “Stiffer structures required to perform well at higher speeds might actually make lower-speed crashes more dangerous, since crumple zones wouldn’t engage as well.”

Should roadway speeds be limited to around 40 miles per hour, then? IIHS says ‘no’–crashes need multiple factors coming into play.

“In the real world, you may have time to apply the brakes, or you might strike a vehicle from behind that is moving in the same direction, or you may strike something that weighs less than your vehicle,” said Young. “All of these things impact how much energy is involved in the crash” and its severity.

Still, though, the continuous raising of speed limits in some states cannot go on if roadways are to get safer, Young noted.

“We know that changes to the state speed limit have a direct effect on fatalities, yet states continue to raise them,” he said.

IIHS researchers, the AAA Foundation for Traffic Safety, and crash-test dummy manufacturer Humanetics all collaborated on the study, and tested three 2010 Honda CR-V SUVs, all with similar maintenance histories and mileage counts, at speeds of 40 MPH, 50 MPH, and 55.9 MPH. THE CR-V was given a “good” crash-test rating across multiple categories when initially tested, and was also believed to represent an average American vehicle in regards to size and age. All three of these tests simulated a “moderate overlap” driver’s side crash, replicating what typically happens when a vehicle endures a partial head-on collision with another car or a barrier.

The Honda’s safety structure wasn’t able to adequately absorb impact at higher speeds, and allowed the crash force to reach the dummy in the driver’s seat. Therefore, a driver enduring a crash at 50 miles per hour has a “considerably lower” chance of surviving than one enduring the same crash at 40 miles per hour, according to the test results.

The results showed that the passenger compartment wasn’t deformed during the 40 mile-per-hour impact, and was given a “good” score. At 50 miles per hour, though, the chance of head, neck, and leg injuries increased significantly, giving the vehicle a “poor” score.

Crash results became severe at a hit of 55.9 miles per hour, with the dummy’s legs partially crushed, its head sticking out of the newly-broken window of the driver’s side door, and significant impact to its head from the deployed airbags.

“Designing a car with a good crash protection is a careful balance,” said Jennifer Stockburger, Consumer Reports’ Auto Test Center’s director of operations. Vehicle structures and their crumple zones must be strong enough to protect against passenger space deformation while still being able to deform just enough for the vehicle to absorb some of the energy of impact itself instead of allowing it to be transferred to a driver or passenger. “Speed can alter that balance in a negative way,” she noted.

CR’s safety policy manager, William Wallace, explained that a particular advanced safety system is especially beneficial in crash situations like these. “Automatic emergency braking that works to prevent or mitigate crashes at highway speeds has enormous potential,” he said. “While many of today’s new car models come standard with city-speed AEB, and some come with pedestrian detection, highway-speed AEB is less common. Automakers should keep improving their AEB systems to save lives down the road.”

Additionally, systems including lane departure warning, blind spot monitoring, and forward collision warning are also extremely helpful in helping drivers prevent crashes or in having time to reduce crash speeds, Stockburger added.

“This study shows that speed has a significant effect on the level of injury vehicle occupants may sustain,” she said. “So, even if these systems can’t prevent the crash entirely, if they are successful in prompting an earlier reaction from the driver or vehicle that reduces the speed of the vehicle at the time of impact, they will provide benefits.”

Truck Rear Underride Guards May Be Added to Inspection Checklists

April 4, 2021 by Levinson and Stefani Leave a Comment

Rear impact guards are now likely to be required on the list of annual inspections for motor carriers and roadside inspectors following the Federal Motor Carrier Safety Administration’s new proposed rule amendment.

The recent proposal was published in the Federal Register and could add the checking of truck rear underride guards to the overall commercial motor vehicle inspection process. As of right now, some Commercial Vehicle Safety Alliance inspectors do not give a truck driver a citation if they find a damaged or loose rear guard, although motor carriers are still required to maintain their underride guards properly.

If the regulation change does indeed become a final rule, “then we obviously will inspect [underride guards] as well,” said CVSA executive director, Collin Mooney. “We’ll be taking a closer look at underride guards.”

What has happened up until now regarding underride guard inspections is that the decision to give a citation for a truck driver’s damaged underride guard has been up to the discretion of the inspectors themselves. “But you really don’t want rules to be subjective,” Mooney said. “You want them to be pretty black and white.”

FMCSA reassured that the adjusted requirement won’t have any major effects on the majority of motor carriers, as must trucks and trailers have been required to have underride guards installed–guards that are able withstand the impact of a crash and prevent a passenger vehicle from sliding underneath a truck–since 1952.

Regardless, in a federal government watchdog study conducted in 2019, analysts recommended to federal regulators that they make a serious effort to conduct better research regarding underride guard crashes and share more information in regards to underride accidents with police departments.

“Although reported underride crash fatalities represent a small percentage of total traffic fatalities, they present a greater risk of fatalities or serious injuries,” said the U.S. Government Accountability Office in its April 2019 report.

The study found that 5.4% of all truck involved crash fatalities each year between 2008 and 2017 were underride crashes–coming out to an average of 219 underride-involved crashes each year within that time period.

“While the [federal regulations] have required rear impact guards for more than 65 years, they are not included on the list of components in Appendix G that must be inspected during the annual CMV inspections,” said FMCSA in its proposal. “This means that a vehicle can pass an annual inspection with a missing or damaged rear impact guard.” All vehicle parts that require inspections are identified in the regulatory provision of Appendix G.

Throughout the year of 2017, inspectors within the North American Standard Inspection Program found more than 2,300 rear impact guard or rear end protection-related violations–more than half of these violations cited missing, damaged, or improperly constructed components, according to FMCSA’s Analysis and Information Online data.

The North American Standard Inspection Program inspects vehicles roadside to assess their rear impact guards and rear end protection.

According to FMCSA, rear-end collision fatalities and injuries can be significantly avoided if compliance is ensured by including rear impact guard and rear end protection in regular inspection requirements. The hope is that more attention will be brought to the major safety concern regarding underride guard safety and that vehicles will be checked at least once a year for this new requirement.

“Including rear impact guards and rear end protection in the periodic annual inspection standards will harmonize U.S. regulations with those in Canada and Mexico, which include rear impact guards and rear end protection as part of their annual inspection programs,” said FMCSA in its proposal.

The current lack of annual inspection for rear impact guards has a large effect on the safety of all drivers and negatively impacts FMCSA’s overarching goal to keep American roads safe, concluded GAO in its study.

“Without explicitly including the inspection of the rear guard in Appendix G, there is no assurance that rear guards in operation will be inspected at least annually to ensure they perform as designed to prevent or mitigate an underride crash,” it said.

Yard Move Guidance Changes Proposed by FMCSA

March 30, 2021 by Levinson and Stefani Leave a Comment

The methods with which truck drivers record yard moves within their hours of service may be changing due to proposed revised regulatory guidance released by the Federal Motor Carrier Safety Administration.

Recently, in a Federal Register notice, FMCSA proposed that it would clarify when a trucker can record his or her time completing yard moves only as “on-duty, not driving.” In the notice, FMCSA gave specific examples of properties that qualify as yards, and noted that commercial motor vehicle movements that take place on these kinds of properties should be considered yard moves and only recorded by the driver as being part of his or her ‘on-duty, not driving’ time as opposed to his or her ‘driving’ time.

In 2015, the Agency released its final rule within its “Electronic Logging Devices and Hours of Service Supporting Documents,” in which it outlined its standards for the minimum performance and design of ELDs. It required manufacturers to have two specific driving categories, authorized personal use/”personal conveyance” and “yard moves.” FMCSA stated that these two categories could be used by drivers however the motor carrier sees fit and explained in its Supplemental Notice of Proposed Rulemaking that the ‘yard move’ category was meant to record the time “where the CMV may be in motion by a driver is not necessarily in a ‘driving’ duty status.”

Still, a lot of clarification was needed regarding what exactly a ‘yard move’ entailed.

“Commenters generally viewed ‘yard moves’ as an on-duty, not driving activity occurring on private property,” said the agency in its notice. “The Agency declined to define the term ‘yard move’ in its final rule, noting that ‘yard moves’ related broadly to the HOS rules, not just to CMV operations using ELDs.”

All truck drivers who must record their hours of service are included in the new guidance by the agency.

“This guidance, if finalized, lacks the force and effect of law and is not meant to bind the public in any way,” the Federal Register notice continued. “This guidance document is intended only to provide clarity to the public regarding the agency’s interpretation of its existing regulations.”

There are four duty statuses for drivers to choose from when documenting their hours of service in cooperation with the Federal Motor Carrier Safety Regulations–sleeper berth, driving, off-duty, and on-duty, not driving. A trucker has to log their duty status times whether they use electronic logging devices or manual paper logs.

Properties that can qualify as yards under the new proposed guidance are: an intermodal yard or port facility; a shipper’s parking lot (that is privately-owned); the place of business for a motor carrier; and a public road if and while public access to the road is limited through specific traffic control tools. These include flaggers, lights, gates, and other control measures. If a trucker must access a public road to get to part of a private property, that travel can be considered a yard move only if public access is in fact limited during that movement.

According to the notice, properties that will not qualify as yards are public rest areas and public roads free of any traffic control measures.

The Federal Motor Carrier and Safety Administration requested comments from the public regarding this proposal, and said it will take into consideration the contents of these comments to device whether or not this new guidance needs any more clarification or explanation.

Additionally, FMCSA has specific questions for which it is requesting responses, including:

  1. “Would defining ‘yard moves’ in the agency’s regulations provide necessary clarification and therefore benefit carriers and drivers?”
  2. “Are there other properties or situations where drivers may be in a yard move status that should be included as examples in this guidance?”
  3. “Would adding examples of yard moves be beneficial for this guidance? If so, please provide examples for consideration.”
  4. “How should ‘yard’ be defined for the purposes of this guidance?”

A Look Toward Potential Struggles Continuing for Trucking in New Year

March 29, 2021 by Levinson and Stefani Leave a Comment

Although 2020 has come to an end, the trucking industry must still battle pandemic-related obstacles while also overcoming the problems that needed solutions well before COVID-19 was a thought in anyone’s mind.

“What I fear is that, even when you get people inoculated, you’re still going to have the COVID hangover, so to speak,” sad Don Lefeve, President of the Commercial Vehicle Training Association. “You’re going to have not only CDL transactions, but just normal motor vehicle transactions that have largely been put off because of COVID. What’s that going to do to the DMV? In many states, that’s still going to lead to further backlogs.”

The first six months of the new year will likely look similar to 2020’s need for DMV appointments to curb overcrowding, Lefeve explained, also noting that social distancing mandates have left California DMV appointments booked solid from now until April.

Additionally, training schools have also seen restrictions and limitations due to the virus, making entering the industry as a new driver especially tricky. In fact, topping the American Transportation Research Institute’s Top Industry Issues list for the fourth year in a row–the ongoing driver shortage, which isn’t seeing much relief as testing, training, and licensing truck drivers has been more difficult than ever.

Luckily, the Federal Motor Carrier Safety Administration has given relief regarding some regulations with extensions specifically for commercial driver license learner permits and tests.

Another difficulty for incoming drivers was made clear by FMCSA’s Drug and Alcohol Clearinghouse, which revealed that around 46,000 truckers received drug violations–most often for marijuana use. Of those 46,000, only 4,400 resumed working after finishing necessary treatment and follow-up testing.

The large number of drug violations is likely due to the legalization of marijuana in most of the country, explained manager of safety and occupational health policy for American Trucking Associations, Abigail Potter.

“I think it’s going to continue to be a challenge for employers,” she said. “With legalization efforts, there could be a movement for more and more employers to review their policies. If there continues to be a driver shortage issue, truckers are going to have to look at that–at least providing drivers a second chance where previously there has been a no-tolerance policy.”

The Marijuana Opportunity Reinvestment and Expungement Act of 2019 is still currently in the U.S. House of Representatives in an effort to bring federal legalization, and the bill was not expected to advance within the Senate until the Senate was flipped to Democrats. Still, it will take some time before we see any change.

ATA will also be working on its fight against trucks-only tolls within Rhode Island, which discriminates against interstate commerce, according to the agency.

This battle is a “must-win case” said to ATA President Chris Spear. Rich Pianka, Deputy General Counsel for ATA, explained that the group has been preparing for a trial over the last several months and expects a trial date to come within the first half of 2021.

“We’re arguing everything in our power to get to trial as quickly as possible to prove our claims and get relief,” said Pianka. “Rhode Island, unsurprisingly, is doing everything it can to slow down the process.”

Although Connecticut also briefly considered a trucks-only tolls proposal only to quickly dismiss it, Darrin Roth, Vice President of Highway Policy for ATA, explained that it could be a recurring issue this year. Additionally, Rhode Island’s circumstance could consequently incite a proposal to increase fuel taxes in Connecticut instead.

For states grappling with revenue shortages from the pandemic, fuel tax boosts could be a viable solution. For instance, New Jersey implemented a gas tax increase of 9.3 cents per gallon to counteract fuel consumption decreases throughout the state. In Missouri, Senate President Dave Schatz filed proposals to bring in a 10-cent increase for motor fuel taxes.

Regardless of COVID-19, many states across the country could see major benefits from fuel tax increases, explained Tax Policy Center senior policy associate, Richard Auxier.

“You can put all of that aside, if you can, and there would still be a need for a lot of states to raise gas taxes because the problem of states having insufficient funds to pay for transportation has been a long-term issue,” he said. “All that other stuff will affect it, but that core problem is unchanged.”

End of Pandemic Predicted to Bring Gains To Trucking Industry

March 19, 2021 by Levinson and Stefani Leave a Comment

“So much depends on the vaccine and how fast it is distributed to the general population,” said Bob Costello, Chief Economist for American Trucking Associations, regarding how the industry will fare in the new year. “I think freight will remain decent in 2021. On the good side, the vaccine will help return to ‘normal,’ which means sectors that are currently hurting–like services and manufacturing–can bounce back, leading to more freight.”

After the country’s heavy reliance on truck drivers throughout 2020 in the midst of the coronavirus pandemic, the industry as a whole is planning for a strong beginning in 2021 and expects fleets supporting the medical industry, final-mile delivery fleets, and homebuilding sectors to see steady gains throughout the year, especially those helping to transport COVID-19 vaccines.

Trucking and logistics companies participating in efforts to efficiently transport vaccines include some of the industry’s largest and most influential, such as UPS Inc., FedEx Corp., and DHL Supply Chain. Also helping with these efforts are smaller carriers like Boyle Transportation, which also works as a subcontractor for UPS specifically for distributing vaccines.

“There have been heroic efforts by the drug developers, the clinical trial participants, and the regulators to get this far, but the execution will rely in large part on blue-collar transportation and logistics professionals,” said Boyle Transportation’s president, Andrew Boyle.

The United States-Mexico-Canada Agreement was also ratified in 2020 as the North American countries’ borders remained open to essential trucking traffic, even before the virus’ real effect on overall trade was fully understood. Throughout the pandemic, North American trade with Europe, Asia, and elsewhere has remained strong.

Within the United States, a surge of pay boosts in the latter half of the year was offered to truckers while their carriers dealt with high demands in volume and difficulties regarding capacity. The industry expects these pay increases to continue during the new year, as well.

“All indicators from drivers show that pay and compensation programs are their priority,” explained vice president of marketing and training at Conversion Interactive Agency, Priscilla Peters. “Drivers are not only interested in seeing improvements in their base or per-mile pay, they are also looking for carriers who are increasing ancillary pay for detention, tarp pay, fuel incentives, and more.”

Peters also noted that not only will these compensation program boosts continue on steadily, but that more and more fleets will see themselves competing for drivers in a market that is quickly becoming much tighter.

“We do expect this trend to continue well into [2021],” DHL transportation solutions senior director of carrier development, Tim Podvin, agreed. “Particularly if business levels continue to be as strong as projected in the transportation sector.”

Many carriers have been facing obstacles finding and retaining drivers to meet the industry demand increase, especially as the country partially reopened, Podvin noted. He also explained that driver shortage and compensation increases have become common and recurring discussions among many fleets.

“In the current hiring market, increasing driver pay is usually the most effective way for companies to attract new drivers,” said Professional Driver Agency director of operations, Scott Dismuke. “As more people raise pay, it will force others to do the same to remain competitive.”

Luckily, trucking rate boosts will make raising driver compensation much easier, Dismuke said, although he believes the changing economy will make or break the continuation of this trend.

“I do not expect it to continue past midyear 2021,” said Noel Perry, economist for Transport Futures, “[because it will be a] weaker market for freight.”

Additionally, trucking analysts say that truck sales, which saw an upward trend toward the tail end of 2020, will remain strong into 2021 thanks to freight volumes staying steady throughout the pandemic and the delivery needs that came with it.


“We like to say, ‘fleets buy trucks when they make money,’” said Kenny Vieth, Research President for ACT. “With carrier profitability surging into the end of 2020–and heading to record levels in 2021–demand for medium-duty and heavy-duty tractors and retailers has responded in kind with equipment orders surging since September.”

Jay Stefani Speaks to Trial Lawyers on Important Legal Technology Updates and Improvements

March 18, 2021 by Levinson and Stefani Leave a Comment

The firm’s managing partner, Jay Stefani, spoke on yesterday’s American Association for Justice‘s webinar, “The Next Step in Law Firm Tech.” Jay’s presentation, “Investing & Implementing the Right Law Firm Tech,” discussed various technologies personal injury firms should be using to improve efficiency and productivity, while better helping clients in today’s law firm environment.

“The past twelve months have required a lot of adaptations for lawyers. We’ve been fortunate in that our use of technology helped ease the pivot to working remotely, but there are always new and updated resources out there,” Jay noted.

Also presenting on the webinar were Christopher Nace of Paulson & Nace (“Setting Up a Zoom Room in Your Office”); and Jamie Goldstein of Arias Sanguinetti Wang Torrijos and Carla Aikens of Carla D. Aikens, P.C. (“Keys to Success in a Virtual Setting No Matter the Platform”). The webinar was moderated by Stephanie Luzzi of The Luzzi Law Firm.

  • « Go to Previous Page
  • Page 1
  • Interim pages omitted …
  • Page 46
  • Page 47
  • Page 48
  • Page 49
  • Page 50
  • Interim pages omitted …
  • Page 138
  • Go to Next Page »

Levinson and Stefani Injury Lawyers in Chicago / Attorney Advertising