• 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

ATRI Says DOT’s AV Regulation Needs Boosting

February 2, 2020 by Levinson and Stefani Leave a Comment

Finger pressing a push button to start a self-driving car. Composite image between a hand photography and a 3D background.

Less than a week after the Department of Transportation released its updated autonomous vehicle technology guidelines–AV 4.0–the American Transportation Research Institute has published new research highlighting a need to implement an actual comprehensive policy for AV tech in the trucking industry.

The research is titled “Redefining the Role of Government Activities in Automated Trucking” and outlines the government’s lack of structure regarding the industry’s application of autonomous driving technologies, even with AV 4.0 in place.

DOT’s update aims to redefine regulations regarding all self-driving tech and to find legislative needs that will allow for an easy transition of more autonomous vehicles entering the roadways. AV 4.0 has three underlying focuses–prioritizing safety, promoting innovation, and ensuring consistent regulation.

Currently, the guidelines consist of a set of principles that would reach 38 different federal departments and agencies. DOT says it will specify steps that both state and local governments can take to further AV development.

DOT also says AV 4.0 will push for country-wide guidelines as opposed to “voluntary guidance.” However, how exactly that will take place has yet to be explained.

ATRI finds that with so many state and federal statutes being drafted in order to create substantial rules, country-wide autonomous truck regulation will be difficult.

Congress has not yet enacted a federal law governing AV tech development for trucks. As of now, 37 states in addition to the District of Columbia have issued either executive orders or new legislation regarding AV technology: eight states only authorize testing, 11 states and D.C. allow full deployment, and many other cities are planning to implement their own AV regulations.

“Our industry needs states to collaborate on seamless policies and regulations,” said ATA’s Automated Truck Subcommittee Chair, Jeff Reed. “We need more proactive federal guidance on [autonomous truck] development. Government activities at all levels must be dynamic enough to address the constantly evolving technology landscape.”

ATRI’s analysis pushes the Department of Transportation to create legislation clearly defining AV practices for states and municipalities. With at least 50 cities running or planning AV technology pilot tech–heavily focusing on passenger vehicle operations–the DOT has still been hands-off.

The agency also assesses that real-world implementation of AVs will be nearly impossible if rules call for constant control of vehicles by both drivers and onboard engineers. Additionally, DOT’s plans will create further difficulties when drivers begin applying for licenses with autonomous vehicle exemption because testing requirements will vary from state to state, although endorsement is established on a federal level.

“Right now, I don’t believe that we have a solution in place,” said Dan Murray, Senior Vice President of ATRI. “I don’t believe we have the blueprint we need in place, even with the latest U.S. DOT action.”

Because of this, ATRI’s analysis calls the guidelines an “incomplete patchwork” of state regulations, which could hurt the overall development of the technology throughout the trucking industry.

The research also explains that the tech could possibly only come to regular use at a regional level, as it would pigeonhole the potential for establishing autonomous driving into local operations “in locations with favorable regulatory frameworks.” 

It also stresses that working with multiple regulations of the same technology would be difficult for many truckers. 

According to Murray, the progression of self-driving innovations will become increasingly challenging for the trucking industry if its employees have to make various adjustments when traveling between different states.

“We don’t want the tail wagging the dog when it comes to any aspect of interstate commerce and trucking,” he said.

Autonomous technology viability is clearly almost impossible to sustain right now–a common standard is vital. Although states should ensure safety, federal officials are needed in order to help avoid policies that would delay testing or deployment of these technologies, which may be able to improve safety across the entire industry.

ATRI’s research shows that a standardized framework would allow public confidence to grow regarding self-driving vehicles. Law enforcement would more easily be able to perform inspections on these vehicles–and technicians would be able to perform regular maintenance on them–with technical standards in place.

“It has to come from [the national level],” said Murray. “Local jurisdictions, by definition, don’t have the big picture. We really need the U.S. DOT to come in full-bore and provide not just guidance, but possibly regulations, national policy, and maybe even tie funding to it.”

Fatigued and Distracted Truckers Continue to Cause Fatal Accidents

February 1, 2020 by Levinson and Stefani Leave a Comment

ROCKFORD, Ill. — On January 11th, a FedEx truck in northern Illinois struck a disabled vehicle and killed the woman inside.

According to Illinois State Police, the truck driver crashed into the disabled vehicle around 1:20 a.m. on I-90 in Rockford, and the woman driving the disabled car was pronounced dead at the scene.

The woman had her 4-year-old child in the car–the child had non-life threatening injuries and was taken immediately to a nearby hospital for treatment.

Unfortunately, incidents of this kind aren’t rare. In March of last year, a state trooper and a passenger in a disabled car were hurt when a tractor trailer collided with both the patrol car and the disabled vehicle on the side of the road in Kingston, New York.

New York State Police said the trooper was was helping the driver to change a tire and that the trooper had been sitting in his vehicle when the tractor trailer hit his cruiser and then the driver’s side of the disabled vehicle before continuing to drive northbound on I-87. 

The tractor trailer managed to push the SUV into the passenger of the disabled Tahoe, which caused the driver to be pushed into the guard rail. Both the driver and trooper were transported to the nearest hospital for non-life threatening injuries.

All U.S. states have a “Move Over” Law in place which requires all vehicles to safely move over into further-away lanes for all police, firefighters, first responders, tow-truck drivers, and other personnel as the work at accident scenes. 

Because all commercial truck drivers are trained with these laws in mind and are taught how to drive without distraction, it seems avoidable accidents such as these should occur much less regularly. However, there are a multitude of reasons why they don’t.

The biggest one? Fatigue.

When the Federal Motor Carrier Safety Administration announced its plans to relax safety rules for truck drivers–including implementing extended duty time and more flexible mandatory break time–many people were worried about what the longer hours could mean for distracted driving and driver fatigue among truckers.

Linda Wilburn, for instance, was waiting for her 19-year-old son Orbie to stop by her house just 10 miles from his new rental when he was fatally hit from behind by a big rig speeding down I-40 east from Weatherford, Oklahoma.

The 41-year-old Kentucky truck driver also died at the scene. According to Linda Wilburn, he had been driving at least 1,300 miles “without a rest break at all” from Bakersfield, California.

Because of this, the Wilburn family has been rallying against the new proposed flexibility, which would allow drivers to split up mandatory 10-hour rest breaks into 5-5 or 6-4 hour splits, with control over whether or not they actually rest. It would also extend driving time by two hours for truckers working in any inclement weather conditions and would lengthen the maximum on-duty period to 14 hours.

Still, the National Transportation Safety Board says it is working hard to focus on fatigued driving issues, and has named the reduction of fatigue-related accidents on its ‘Most Wanted List’ of 2019-2020 safety improvements.

“Drowsy driving does not leave telltale signs,” the list says. “It is widely believed to be underreported on police crash forms.”

Harry Adler, the Truck Safety Coalition’s executive director, knows this is a major road safety problem.

“These (proposals) are opportunities for drivers to be pushed to their limits further, to drive without resting,” he explained, “It’s more opportunity for a driver to operate while fatigued, which is really detrimental.”

Because fatigue while driving can lead to slower responses and distracted actions, some in-cab driver monitoring systems are working to deter it.  Bison Transport has been testing in-cab monitors through Seeing Machines Limited technology, meaning it will install its automated monitoring systems into one of Canada’s largest fleets.

During a testing period, the company found a reduction of 67% in fatigued driving incidents, of 40% in distracted driving incidents, and of 97% in cell phone use. The driver monitor can assess a driver’s visual attention, drowsiness, and probability for risk with its vision algorithms by tracking eye movement and notifying drivers with audio and vibration alerts.

Although methods like these may be helpful, it appears the biggest boost we could give truck driver safety would be to ensure truckers are regularly getting enough rest and are able to stay alert throughout their entire journeys. When that is the priority, it is safe to assume all drivers on any road will be much safer.

DOT Updates Driverless Car Guidelines

January 31, 2020 by Levinson and Stefani Leave a Comment

More self-driving cars and trucks will be taking to American highways throughout 2020 and beyond–and it looks like the U.S. Department of Transportation is working to ensure this momentum continues.

Elaine Chao, U.S. Secretary of Transportation announced the guidelines of U.S. DOT’s newly released AV 4.0, an updated policy regarding autonomous vehicle technology, on January 8th at CES 2020 in Las Vegas.

The guidelines are titled “Ensuring American Leadership in Automated Vehicle Technologies,” and Chao explained that AV tech can include everything from automated brakes to lane-departure warning systems to adaptive cruise control.

The department’s goal is to continue development of these innovations while still focusing on safety. AV 4.0 has three underlying principles–prioritizing safety, promoting innovation, and ensuring consistent regulation.

“Safety is always Number One at the U.S. Department of Transportation,” Chao said. However, a Department of Transportation commitment is “remaining technology-neutral” as well as “protecting American innovation and creativity.”

AV 4.0 will consist of a set of regulations and principles throughout 38 different federal departments, agencies, and offices around the country. It will aim to specify particular steps which state and local government agencies and technology experts can take to further the development and implementation of driverless vehicles.

“The federal government is all in for safer, better, and more inclusive transportation aided by automated driving systems,” according to Chao.

This is one of the first big pushes for country-wide guidelines, as annual guidelines since 2016 have been called for regulation along the lines of “voluntary guidance.” Although the federal government does set the safety standards for AVs, states control their own licensing. For example, the Department of Motor Vehicles in California has its had its own regulations regarding insurance as well as how safety officials should be informed of driverless vehicles deployed in the area.

Now, Automated Vehicles 4.0 will be the first system of federal oversight.

Its guidelines also align with the Trump administration’s support of AV tech and possibilities for collaboration–like research resources and federal AV sector investments.

“We quickly realized that the autonomous vehicle question is not one that is housed solely at the Department of Transportation,” said Michael Kratsios, U.S. Chief Technology Officer. “You have a federal government which has come together and said, ‘We want the U.S. to lead in this domain.’”

Although AV technology has been progressing more slowly than expected, the innovation is still moving forward. Google’s driverless car offshoot, Waymo, currently operates in Phoenix as a commercial robotaxi service and also offers driverless rides on Silicon Valley public roads (to employees and guests only). 

Additionally, Florida tech companies Beep and Voyage are testing driverless shuttles in retirement communities, and Ford is currently experimenting with a robotaxi service in Miami. In Arizona and Florida, Waymo, TuSimple, and Starsky Robotics are operating automated driving trucks on public highways.

Chao believes AV 4.0 is an inevitable step in traffic safety’s future. She explained that driverless vehicles will be able to improve overall road safety while also reducing traffic congestion and giving more options of mobility for those currently facing transportation setbacks.

“Transportation today is synonymous with innovation,” she said, “and transportation is going to be as instrumental in America’s future as it has been since our nation’s founding. We are preparing for the transportation of the nation’s future.”

However, there are reasons for AV development delays–multiple driverless vehicle-related accidents, such as the incident involving a pedestrian on a highway who was hit and killed by an automated Uber car in 2018. Still, AV manufacturers say they are working to be as responsible and efficient as possible.

These guidelines will focus solely on the development of driverless cars, not on vehicles with some automated capabilities that still require a human driver’s presence and attention, such as ‘Level 2’ automation which includes driver-assist options, like Tesla’s Autopilot and Cadillac’s SuperCruise.

PAVE, a driverless vehicle industry and consumer coalition, was formed in 2019 in order to educate both policymakers and the public on this technology as well as to address any safety concerns.

“Realizing the vast potential of AVs will require collaboration and information sharing, among all institutions involved, said Chao.

U-Haul Refuses to Hire Nicotine Users

January 30, 2020 by Levinson and Stefani Leave a Comment

Starting February 1st, U-Haul will no longer bring any nicotine users onboard.

In a recent announcement, the moving and truck rental company said it will now refuse to hire nicotine users in the 21 states which legally allow that decision–citing the desire for a “healthier workforce” as the reason.

This nicotine-free policy is possible in states without protections for the rights of smokers. However, it won’t apply to employees hired prior to February.

In a news release, company chief of staff Jessica Lopez said U-Haul will be working toward fostering an overall new “culture of wellness.”

The states in which the new policy will take affect include: Alabama, Alaska, Arizona, Arkansas, Delaware, Florida, Georgia, Hawaii, Idaho, Iowa, Kansas, Maryland, Massachusetts, Michigan, Nebraska, Pennsylvania, Texas, Utah, Vermont, Virginia, and Washington.

Prospective applicants in these states, which allow companies to choose not to hire job seekers using nicotine, should expect to find information on the anti-nicotine policy on their applications and to be questioned about their use of nicotine, U-Haul said. In states where testing is allowed, applicants may also have to undergo nicotine screening to be hirable.

U-Haul said it is striving to encourage wellness among its employees, and is working on a new fitness center in one of its Arizona locations, as well as multiple wellness and fitness programs.

The company currently employs over 30,000 people throughout North America and will work toward helping its current nicotine-using workers with cessation assistance. 

“In our continued efforts to enhance our wellness program and decrease health care costs, we have become more aware of the medical side effects of using nicotine and tobacco products,” said Lopez.

These products include vaping tools and e-cigarettes, in addition to traditional cigarettes, according to the policy. U-Haul company officials have also explained their inspiration from hospitals and other health-conscious businesses which are implementing nicotine-free hiring methods. 

Alaska Airlines has had a no-nicotine policy in place since 1985 in order to help keep health care costs and health consequences lower.

U-Haul’s decision to follow suit comes soon after President Trump signed legislation raising the minimum age of those purchasing any tobacco or vaping products from 18 to 21. 

However, while public health experts may be pushing for smoke-free lifestyles, they are torn on whether or not companies and employees will benefit from the new policy. 

Michael Siegel, professor of community health services at the Boston University School of Public Health, said that U-Haul’s policy is misguided in terms of its approach to furthering wellness, as those who are addicted to nicotine may have trouble quitting and opt for nicotine-infused gum, patches, or lozenges. Nicotine replacement treatment is able to appear in nicotine-screening urine tests.

“Essentially, what that means is if you quit smoking and start using nicotine patches or nicotine gum or electronic cigarettes, you are not eligible to work for that company if you’re using nicotine replacement products,” he explained.

According to a survey by the Food and Drug Administration, around 7 percent of smokers can successfully quit smoking for at least six months to a year; however, the Mayo Clinic found that over 30 percent of smokers can quit fully with the help of a nicotine-replacement product.

“There are a lot of vices out there, and [these workers] have just chosen this one thing,” said Siegel. “[Banning it] is just kind of inappropriate.”

Lynn Kozlowski, University of Buffalo School of Public Health and Health Professions professor, wants U-Haul to note that some nicotine-infused products are more harmful than others–like cigarettes and cigars as opposed to smokeless tobacco.

Products like smokeless tobacco and nicotine products for vaping are less likely to contaminate public workplaces or affect work performance. Banning all nicotine products together causes U-Haul to look as if its policy is based on morals rather than health, Kozlowski argued.

“I bet if U-Haul were to look at [its] corporate office, [it has] a coffeepot going most of the time and people addicted to caffeine,” he said. 

This begs the question, where does a trucking company–or any employer–draw the line between raising reasonable health standards and being intrusive?

According to Kevin Schroth, associate professor at the Rutgers School of Public Health, the company’s new rule could be deemed unfair to those who have fallen victim to the tobacco industry’s strong advertising techniques–which are aimed heavily at young people.

As of now, said Kozlowski, U-Haul’s policy announcement does not have nearly enough clarity for full scrutiny.

Tips on Staying Safe While Truck Crashes are at a 10-Year High

January 29, 2020 by Levinson and Stefani Leave a Comment

Fatal truck crashes throughout the United States are currently at a 10-year high, with the midwest seeing its fair share of large truck-related accidents.

For instance, Central Indiana alone has recently had numerous fatal truck crashes of its own. Earlier this month, three people died–including a one-year-old girl–when a commercial truck was not paying attention to the road and slammed into slowing traffic on I-65, killing everyone in the car in front of him.

The collision set of a chain of crashes involving eight passenger vehicles and one tractor-trailer, and marks Indiana’s third deadly accident since July of 2019 involving a distracted or impaired truck driver.

Just over two years ago, the industry reported that over 12 million trucks weighing at least 10,000 pounds hit public roads. Experts say a large increase in e-commerce sales, as well as a booming economy, are the reason.

“At the end of the day, it’s all of our responsibility to make sure we have safe highways,” said American Trucking Associations spokesman Sean McNally.

According to the National Highway Traffic and Safety Board, nearly 5,000 people died in incidents involving large trucks in 2017, and 72% of those who were killed were the drivers and passengers of other vehicles. 82% were multi-vehicle crashes.

“We are seeing more of these accidents as distracted driving becomes more of an issue,” said Stephen Wagner, an Indianapolis attorney who represents semi crash victims. “Fortunately, we’re seeing prosecutors taking these cases seriously and charging people when their inattention takes people’s lives.”

Because of this, experts are offering safety advice for drivers who may be sharing the road with truckers:

  1. Drive defensively

Being a defensive driver and anticipating unexpected actions of others can help you make much safer decisions.

“Most people tell me that they feel like they’re good drivers; it’s other drivers they’re worried about,” said Sgt. John Perrine of the Indiana State Police.

2. Pay extra attention when approaching a work zone

When traffic slows ahead of a construction or work zone, conditions can become especially dangerous.

According to Perrine, you should always leave yourself an exit (such as staying close to a shoulder), and keep an eye on your mirrors to avoid any potential mistakes by other drivers or issues caused by changes in road conditions or speed.

3. Avoid a truck’s blind spots

Although all vehicles have blind spots, a truck’s are much bigger and much more dangerous. A good rule of thumb to keep in mind–if you can’t see a truck’s mirrors, the trucker cannot see you.

Chris Turner, Commercial Vehicle Safety Alliance’s crash and data programs director, agrees. 

“Stay out of the blind spot, pass with plenty of distance, [and] make sure you can see all of the cab in the rearview mirror” before merging, he explained.

4. Give trucks plenty of space

Always make sure to leave a bigger amount of space between your car and a large truck. Trucks need hundreds of feet to stop while driving at highway speeds due to their weight and size.

“Those vehicles just can’t stop. Their mass is so much more intensified,” said Turner. “A passenger car would have to be going roughly 200 miles per hour to do the same damage.

5. Obey all laws and speed limits, and use your turn signal

Speeding, especially on a busy highway, can greatly increase your chances of a crash. When failing to use your turn signal, those changes grow even more.

Sticking to traffic laws, no matter how simple, will always make it safer for you, other drivers, and trucks.

6. Put your phone away

When it comes to road safety, all driving and trucking experts have one key point they always want to drive home: cellphones are one of the biggest culprits in distracting drivers and wreaking havoc on the road.

“Please,” said Peter Kurdock of Advocates for Highway and Auto Safety, “put the phone down.”

All of these tips include one major aspect: paying close attention to the road while driving. Although commercial vehicles are the biggest danger to drivers and passengers alike, Boone County Sheriff Michael T. Nielsen asserts that any kind of distracted driving is an enormous problem and huge safety risk.

“The Boone County Sheriff’s Office feels strongly that those [who] cause death on our public roadways, because of driver inattention, should be held accountable,” he said. “Please pay attention to your driving when operating a motor vehicle. Give yourself plenty of room to have a way out [and] put down your phone or other objects.”

Number of Traffic Fatalities Down in 2019

January 28, 2020 by Levinson and Stefani Leave a Comment

With 2019 now in the rearview mirror, new data suggest the last year of the decade proved to be a positive one for drivers across the United States, as traffic fatalities saw a year-over-year decrease of 2.2% throughout the first 9 months of the year. According to Transport Topics, the National Highway Traffic Safety Administration estimated there were 26,730 fatalities that occurred in 2019. While the statistics alone appear to be alarming, many should see this as a positive sign as it makes “the third quarter of 2019 the eighth consecutive quarter for year-over-year declines in traffic deaths since Q4 of 2017.”

Not only does this data establish that the United States has consistently been decreasing the number of traffic fatalities each year, but it proves that more drivers on the road and more miles being driven on average across the entire United States does not necessarily mean more fatalities will occur.

For instance, the Federal Highway Administration has also released data showing there has been a 1% increase in overall miles travelled by Americans in the first nine months of 2019, with an increase of 24 billion miles.

While this news is certainly positive and provides the nation with an idea of the direction in which certain initiatives are going, it’s important that we do not view such statistics in a vacuum.

To be sure, there has been a 2.2% decrease in traffic fatalities, but as is often the case, there is no silver bullet approach when it comes to trying to curb what can often feel like inevitable results.

According to the National Safety Council, a non-profit organization specializing in decreasing preventable deaths, the Road to Zero Coalition has been actively promoted. The Safety Council’s plan to eliminate all road deaths entirely serves as a guide for both state federal governments to adopt specific strategies to ultimately put an end to all traffic fatalities by 2050.

As highlighted in the report generated by the council, the strategies proposed are based on three “approaches” the coalition has found to be integral to succeeding in their initiative:

1.     Doubling Down on What Works

Supporting policies that are based on research in roadway design and construction, vehicle engineering, law enforcement, consumer education, and trauma care. 

2.     Accelerating Advanced Technology

Establish new partnerships with manufacturers, technology companies, and EMS and trauma systems, as well as with public safety and health groups.

3.     Prioritizing Safety

Adopting a “Safe System Approach” that prioritizes using proven safety methods which allow for individuals to make mistakes, yet such mistakes will not result in actual death.

In addition to establishing an overall guide for states to adopt, the council also holds “Road to Zero” webinars which serve as an introduction for new members joining the coalition to learn what other cities and states have already encountered in attempting to implement such strategies.

Although the task that the National Safety Council is trying to accomplish appears to be far larger in scope than what is realistically possible, such ambition has not gone unnoticed. Since its inception, the Road to Zero initiative has garnered roughly 900 members of the coalition. Among those members include the Federal Highway Administration, Federal Motor Carrier Safety Administration, and the National Highway Traffic Safety Administration. This is precisely what needs to occur across the United States for such lofty goals to be achieved.

It may seem unrealistic for us to be able to completely curb traffic fatalities when a 1% increase in the miles travelled across the country resulted in 24-billion-mile increase; however, when such a large number of companies and organizations are united behind these goals, there will be results.

Some may view the 2019 traffic fatality statistics as nothing more than a necessary update to the public to establish that the funding and donations being received are actually paying dividends. While that may be true to some extent, it is absolutely essential to remember that a silver bullet does not exist, and the efforts being put forth by such organizations as the National Safety Council are truly worth monitoring.

It could very well be the case that over the first few months of 2020 a spike in traffic fatalities occurs, but that should not mean we stop implementing these strategies in the future. Even without a silver bullet approach to decreasing traffic fatalities, our states, cities, and communities owe it to citizens to provide smart and convenient traffic routes and policies. Without implementing such policies, their failure to do so could render them accountable for future fatalities that were otherwise preventable.

  • « Go to Previous Page
  • Page 1
  • Interim pages omitted …
  • Page 81
  • Page 82
  • Page 83
  • Page 84
  • Page 85
  • Interim pages omitted …
  • Page 138
  • Go to Next Page »

Levinson and Stefani Injury Lawyers in Chicago / Attorney Advertising