Underride Accidents Forcing Trucking Companies to Improve Safety Standards

October 13, 2019 by Levinson and Stefani Leave a Comment

WASHINGTON – After a multitude of ‘’underride accident” reports beginning back in 2017, a historic case–with the largest verdict against a trucking company for such an accident–is revealing findings regarding how the trucking industry quietly fought against safety measures, despite having knowledge of the risks, for over a decade.

Now, this case could mean big changes for how drivers are protected.

Underride accidents occur when a vehicle ends up sliding underneath a tractor trailer–an event which can crush or even decapitate the driver and passengers–making it one of the deadliest kinds of accidents on American roadways.

When WUSA9 investigated a particular underride accident which killed a teenage boy, they discovered the family was awarded $42 million in a lawsuit against trucking company Barkandhi Express and Utility.

16-year-old Riley Hein’s car became stuck under the side of a trailer–made by Utility Manufacturing Company–after careening off of an embankment on a New Mexico interstate in 2015.

Riley’s father, Eric Hein, told the news source that the truck “drug [Riley’s] car for a half a mile until it caught on fire and Riley burned to death.”

The lawsuit cited negligence, stating that Barkandhi Express should have had a side underride guard which would not have allowed any car to get lodged below its trailer.

Currently, trailers are not required to have side guards, which were designed in order to prevent smaller vehicles from sliding underneath an 18-wheeler, even though the trucking industry has admitted in trial that over 200 people a year are killed in underride accidents.

However, although it may have seemed Riley’s case itself would have made a difference in trucking safety regulations–especially considering its huge payout–documents from the trial showed that the trucking industry has been working against the utilization of side guards for a lengthy period of time.

One document showed the Truck Trailer Manufacturers Association asking major trailer manufacturers for detailed information on side guard costs so that they could potentially be able to develop defense strategies regarding underride lawsuits.

The Association has also said that adding the weight of new guards onto trailers would make it necessary for trucking companies to add even more tractor trailers onto roads, which it claims would cancel out any safety benefits.

Right now, the only underride protection required by law are rearguards, which are often useless in accidents.

Because of this, United States Senator Kirsten Gillibran is working to bring in bipartisan legislation that would demand underride guards on all sides of semi-trucks, including updates to current rearguards.

Additionally, a petition started by mothers in 2018 has gained traction after a large number of underride accidents occurred the year prior, and works to take action in the fight for semi-truck safety and to gain attention in Capitol Hill. The two moms who began the petition both lost children in underride accidents. They also were successful in their lobbying attempts to have bipartisan legislation introduced in December of 2017.

Advocates for truck safety changes are hopeful that verdicts, such as the one in the Hein case, will be the most powerful way to instigate updates and push this legislation through.

“These are the things that ultimately result in the eight-figure verdicts which can push a motor carrier into bankruptcy,” said Andy Young, a previous truck driver now representing families of accident victims working toward lawsuits.

Unfortunately, Riley’s case hasn’t ended up with that particular outcome.

Utility Trailer Manufacturing Company is working to appeal the $19 million it had to pay for its part in the verdict, as it has already gone out of business.

Riley’s father tells WUSA9 his family doesn’t care about the money as much as it wants the trucking industry to be held responsible for these accidents.

“He’d be proud of us,” Eric Hein said of Riley. “He’d want us to go on. And we will.”

Although Hein acknowledges the appeal could now take years, Utility has offered the family a $14 million settlement–but only if the Hein family keeps all internal documents quiet.

Riley’s father declined the deal in order to keep the case public, in hopes it will be a turning point in finally improving big rig safety regulations and keeping drivers safer on the road.

Chicago Releases Long-Expected West Side Traffic Safety Plan

October 10, 2019 by Levinson and Stefani Leave a Comment

Mayor Lori Lightfoot and the city of Chicago recently announced a West Side Vision Zero Traffic Safety Plan, which aims to address the prior administration’s intent to create a comprehensive infrastructure plan based on “crash data to identify 43 high crash corridors and eight high crash areas in Chicago,” according to SmartCitiesWorld, an online publisher specializing in infrastructure analysis. The new plan comes on the footsteps of the city’s announcement that it would spend $6 million on establishing proper infrastructure and safety on the West Side of Chicago. As part of this initiative, the Chicago Department of Transportation (CDOT), recently installed pedestrian islands at the intersection of Madison St. and St. Louis Avenue. This announcement and the work soon to begin on the West Side is all being done under the City’s Vision Zero Chicago initiative, part of a global movement that addresses fatal infrastructure issues throughout cities with the belief that crashes can be easily avoided so long as the proper infrastructure is in place.

According to the Vision Zero Principles the city prominently displays on its website, the new initiative sets out to adopt and implement specific plans that match accordingly to high crash areas. As discussed above, the recent pedestrian islands that were installed on the West Side are just the beginning of acknowledging and trying to alleviate the injuries likely to occur in neighborhoods with dangerous infrastructure issues. Overall, actions such as these fit under the umbrella of the City’s ultimate goals which it declares are to:

Invest equitably in communities that are most affected by severe traffic crashes.
Work to change behaviors and perceptions to build citywide culture of safety.
Make streets safer for all users.
Encourage and implement policies, training, and technologies that create safer vehicles and professional drivers.

All of this goes to say that Chicago understands there are communities that have long been neglected when it comes to issues such as infrastructure; and the West Side is certainly one of those communities. As the initial high crash data showed, seven of the eight high crash areas were located on the West and South sides of Chicago. With the introduction of this new plan, residents of these communities will be receiving long awaited uptick in public safety standards that will render the roads and sidewalks far safer for all.

The West Side Initiative

Although the official plan has yet to be posted to the City’s dedicated website for this topic, Streetsblog Chicago wrote an analysis of what can be expected. “The Vision Zero West Side Plan includes 15 strategies to improve traffic and pedestrian safety in East and West Garfield Park, North Lawndale and Austin. The recommendations include safety improvement around transit stations; efforts to promote walking and biking to school.” Overall, the new plan appears to go all in on alleviating a lot of the issues that have plagued this part of the City for years. What makes this plan different than other projects that have been announced in the past is the fact that it truly is comprehensive and input from community leaders on the West Side and all around the city have been taken into consideration. For example, in creating the West Side initiative, the CDOT worked with the Garfield Park Community Council, the North Lawndale Community Coordinating Council, Lawndale Christian Health Center, Build, and Austin Coming Together.

While the plan that has been proposed appears to be all about public safety policy, there’s more to it that CDOT is hoping truly transforms how people travel on the West Side and engage with their community. For example, while traffic safety is a key part of the initiative, the plan also calls for job creation and an increase in quality of life. One way it aims to achieve these two goals is through allowing residents to feel safe walking, biking, and using public transportation. While such things and fixing light poles and cleaning up transit areas seem small, the reality is that actions such as this make individuals more likely to use means other than driving for transportation purposes. As we have repeatedly addressed, the more individuals on the roads and increasing the odds of traffic throughout the city, the more crashes and injuries that will result so long as infrastructure issues remain.

Ultimately, this new initiative may appear to be no more than a pipe dream for communities that have long been promised change throughout the city, but the real hope remains that CDOT will hold to its plan and transform parts of the city and will keep those on the road safe, and the residents in the community much safer.

The Safest (and Least Safe) Pickups for 2019 and 2020

October 7, 2019 by Levinson and Stefani Leave a Comment

Thinking of a new pickup truck?

Although larger passenger vehicles, such as pickups and SUVs, have bigger structures making them better able to absorb crash energy, SUVs and pickups are proportionally more likely to be involved in fatal single-vehicle crashes–especially in the event of a rollover.

Because of this, it is of the utmost importance for any potential pickup owner to be aware of the ins and outs of safety regarding these particular vehicles, and how the newest models on the market hold up to standards.

The Insurance Institute for Highway Safety (IIHS) has released the results of 2019 and 2020 full-size pickup trucks. These tests included: frontal crash small and moderate overlap, side crash, roof strength press, head restraint and seat safety, headlight evaluation, front crash prevention tech, and child seat anchor ability.

Without further ado, here are the most and least safe, full-size, half-ton pickup trucks for 2019 and 2020.

Safety ratings scale ranges from Poor to Marginal to Acceptable to Good.

Not-So-Safe:

Toyota Tundra

Small overlap front: driver side = marginal. Structure = marginal. Lower leg = poor.

Small overlap front: passenger side = poor. Structure = poor. Hip = marginal. Lower leg = poor.

Moderate overlap front: driver side = good.

Side = good.

Roof strength = acceptable. (Curb weight: 5,432 lbs, 3.94 times → 21,384 lbs).

Head restraints & seats = good.

Headlights = marginal. Visibility on left = fair. Visibility on right = inadequate. Visibility on curves = inadequate. High-beam assist is present.

Front Crash Prevention = superior. Forward collision warning meets standards. 12 mph – 25 mph collision avoidance is present.

Child seat anchors = acceptable. Two positions have LATCH hardware. Third position is tether only.

Safer:

Nissan Titan

Small overlap front: driver side = good. Lower leg = acceptable.

Small overlap front: passenger side = good. Structure = acceptable.

Moderate overlap front: driver side = good.

Side = good. Driver torso rating = acceptable.

Roof strength = good. (Curb weight: 5,460 lbs, 4.55 times → 24,857 lbs).

Head restraints & seats = good.

Headlights = marginal. Visibility on straightaways = fair. Visibility on curves = inadequate.

Front Crash Prevention = no crash prevention. 360-degree camera, blind spot monitors, and rear cross-traffic alerts are present.

Child seat anchors = acceptable. Two seats have LATCH hardware. Third position is tether only.

Chevy Silverado/GMC Sierra 1500

Small overlap front: driver side = good. Structure/safety cage = acceptable. Lower leg = acceptable.

Small overlap front: passenger side = marginal. Structure/safety cage = poor.

Moderate overlap front: driver side = good.

Side = good.

Roof strength = good. (Curb weight: 4,818 lbs, 4.62 times → 22,236 lbs).

Head restraints & seats = good.

Headlights = poor. Visibility on straightaways = good. Visibility on left curves = fair. Visibility on right curves = inadequate.

Front Crash Prevention = superior. Forward collision warning meets standards. 12 mph – 25 mph collision avoidance is present.

Child seat anchors = marginal. Two positions have lower seat anchors. Third position is tether only.

Ford F-150

Small overlap front: driver side = good.

Small overlap front: passenger side = good.

Moderate overlap front: driver side = good.

Side = good.

Roof strength = good. (Curb weight: 4,651 lbs, 5,85 times → 27,215 lbs).

Head restraints & seats = good.

Headlights = poor. Visibility on straightaways = inadequate. Visibility on curves = inadequate. Raptor lights: poor; but work better on straightaways.

Front Crash Prevention = superior. Forward collision warning meets standards. 12 mph – 25 mph collision avoidance is present.

Child seat anchors = marginal. Two positions have lower seat anchors. Third position is tether only.

Safest:

Ram 1500

Currently the only full-size pickup truck with a “Top Safety Pick+” rating.

Small overlap front: driver side = good. Lower leg = acceptable.

Small overlap front: passenger side = good. Structure = acceptable.

Moderate overlap front: driver side = good.

Side = good.

Roof strength = good. (Curb weight: 5,254 lbs, 4.24 times → 22,302 lbs).

Head restraints & seats = good.

Headlights = good (on Longhorn and Limited trims). Curve adapting and high-beam assist are present. Gradual left turn light = inadequate.

Front Crash Prevention = superior. Forward collision warning meets standard. 12 mph – 25 mph collision avoidance is present.

Child seat anchors = marginal. All three rear positions have LATCH seat anchors.

According to IIHS, two tests of the RAM 1500 Crew Cab were conducted and the specifications for each test were identical. As a “Top Safety Pick+” for 2019 and 2020, this truck needed ‘good’ ratings in its driver-side small overlap front, passenger-side overlap front, moderate overlap front, side, roof strength and head restraint tests, as well as a ‘superior’ rating in front crash prevention and a ‘good’ headlight rating.

IIHS’ 2019 “Top Safety Pick” was the Honda Ridgeline, awarded for its optional front crash prevention and specific headlights.

Lightfoot’s Blitz Days Serve as a Reminder of the Dangers of Potholes on our Roads

October 3, 2019 by Levinson and Stefani Leave a Comment

As a way to curb the number of accidents and amount of damage done to vehicles before the winter season arrives, Chicago Mayor, Lori Lightfoot, and the Chicago Department of Transportation (CDOT) have announced they will be conducting “Blitz Days” each Saturday between the months of September and October. The Blitz Days serve as an attempt to get road crews out and on the streets before the weather gets too harsh. In the meantime, the city is asking that motorists drive slow around crews to ensure both pedestrian and driver safety.

This certainly isn’t the first time we have heard of the city conducting work such as this. In a city the size of Chicago and with a harsh winter quickly approaching and ready to tear the roads apart, it’s an absolute necessity to ensure road safety. The city already announced in a press release on September 6^th that “this year to data, CDOT has filled nearly 527,000 potholes throughout the city’s 50 wards.” When taking this large number into consideration, its worth the reminder that Chicago was also previously ranked third in the nation in terms of total number of hours spent in traffic, resulting in roughly $1,300 wasted annually per commuter. Cited by the 2019 Urban Mobility Report from the Texas A&M Transportation Institute, the Institute found a multitude of factors to play a critical role in wasted dollars and increased traffic, but its safe to say that issues such as road infrastructure were the largest factor. While 527,000 potholes seem like a lot, looking to the city’s history with infrastructure issues paints an entirely different picture. Granted, the winter months wreak havoc on roads and roadwork is impossible to complete when its snowing and below freezing outside; however, these are necessary issues that must be taken care of to maintain road safety.

In discussing these Blitz Days, acting CDOT Commissioner, Tom Carney, stated “we anticipate having about 30 pothole patching crews assigned to wards throughout the city. With this additional help, we estimate that we will be able to fill more than 5,000 potholes on each of these days.” If the city is able to follow through on this promise, these would be a major boost for local residents already dreading the morning and evening commutes. While traffic alone is bad, being forced to sit in traffic due to issues such as potholes is far worse. Ultimately, the hope is that the city is able to properly address the infrastructure issues and ensure driver safety in the process of doing so.

Just How Dangerous are Potholes?

In a city like Chicago, the cold weather presents an annual challenge for the city in that it causes roads to crumble and crack at a much quicker rate. Potholes have the ability to form overnight and when adding the daily wear and tear of Chicago commutes, the issue can become dangerous very quickly. Although many people may think that potholes, due to their often-small size, don’t pose a major safety risk, the opposite is true. They may not often be the cause of an accident, but the reality is that they are a contributing factor to damaging your vehicle, that places you and other drivers at a severe risk and financial detriment.

A few years back, Digital Trends wrote a great article that went to great lengths to establish why potholes remain such a large issue in the United States and the dangers they pose. In the piece, Digital Trends had the opportunity to speak with an Area Manager for Bridgestone, Abilio Toledo, who acknowledged that while potholes present serious risks, the issue is that we often cannot see the full damage they do to our vehicles. For example, if we damage our tires due to driving through a pothole, one of the warning signs is a bulge in the side wall of our tire; however, this often isn’t the case. Toledo went on to say, “‘the tire will snap the inner lining. It still holds air but there’s a bubble. If it doesn’t blow out, the tire is still compromised and can blow out at any moment. So, you think you made it through the pothole and you’re okay, but you didn’t.’” When this occurs, the results can often affect fuel efficiency, the tread of your tires, and the overall alignment of the vehicle. What all of this says is that the damage may not be present at all after you hit a pothole but when your vehicle’s suspension and tire tread can all be affected in the long term, then we must start thinking about how this could place others in danger on the road at a later time. All it takes is an individual’s car pulling to the left a little too much for a car in the adjacent lane to be pushed off the road. These factors all play a role in how accidents occur.

Keeping an Eye Out

Congestion Fees a Possibility for Chicago Drivers

October 2, 2019 by Levinson and Stefani Leave a Comment

Chicago drivers may need to get ready for new fees–just for driving downtown.

On August 29th, mayor Lori Lightfoot said in her “State of the City” speech that she wants to make money for the city while reducing downtown congestion. To do so, she plans to work toward implementing congestion fees.

“We are exploring options to address rampant congestion that solves the problem of traffic, pollution, and other issues,” Lightfoot said, “while simultaneously bringing in a fair share of funding.”

Congestion pricing is a strategy that has been put in place in large cities such as London, Stockholm, and Singapore–it aims to target people driving in specific zones at certain times during the day.

By 2021, New York City drivers traveling below 60th Street in Manhattan will be electronically charged a fee through license plate photos or toll transponders–making it the first American city to enforce such fees.

This congestion pricing in New York is part of Governor Andrew M. Cuomo’s $175 billion budget–with at least $1 billion coming from driving fees–and will apparently cost drivers over $10 a trip to visit the city’s busiest neighborhoods.

These fees are projected to raise around $15 billion in bonds to help solve problems in the subway system and limit traffic on streets that have become less than drivable.

But, will it work in our city?

The push in Chicago comes after many attempts to save city money and generate new revenue; in the address, Lightfoot mentions a city government hiring freeze–implemented August 20th, as well as measures to “crack down on departments that have significant unbudgeted overtime expenses.”

Lightfoot says that right now, we are walking into “a staggeringly large budget deficit for next year.” She hopes traffic fees will be a boost that has been proven helpful in other large urban areas.

Within a year of congestion pricing in London–put in place in 2003–traffic delays decreased by 30 percent and the number of vehicles entering London proper dropped by 18 percent. Air quality also improved, resulting in a 12 percent reduction in nitrogen oxide emissions.

In London, as well as Stockholm and Singapore, the fees from congestion pricing have raised millions of dollars for the betterment of transportation and infrastructure: new buses, bike lanes, and expanded public transit were put in place for those opting to commute sans-car.

For Chicago travelers, DePaul University transportation expert Joseph Schwieterman believes this strategy will be of great benefit.

“We’re seeing a surge in driving again,” he told WTTV News. “Transit [rates] are flat, fuel prices are down, vehicle ownership is up, and suddenly we have a quality of life issue that’s setting us back. We’re a great global city; we have to have some sort of reasonable amount of mobility on the streets.”

Schwieterman believes congestion pricing is an “untapped source” for local revenue, but one obstacle is figuring out how to determine the boundaries of what is considered a congestion zone. Most likely, it wouldn’t need to include the entirety of downtown Chicago, but would more reasonably focus on the roads that are most often overcrowded.

There are caveats, however. London saw drivers complaining as fees rose over time, eventually doubling in cost from when they first came into play.

Gridlock in London also ended up returning–reportedly due to the popularity of ride-share apps like Uber and Lyft.

There is also the question of who would be exempt from paying–such as low-income drivers, those with disabilities, and those who live within the congestion zone. Although London gives a discount of 90 percent for its zone residents, exemptions often mean higher tolls for all other drivers.

Those who will see the biggest benefit from congestion costs in Chicago: subway, commuter train, and bus riders, who will see more extensive and reliable service from the new investment. Cyclists will experience more room on the roads and cleaner air. Drivers will ideally see a decrease in time spent stuck in traffic as well is in gas costs.

“There are certain areas where congestion is getting intolerable,” Schwieterman says. “Along the river, the Magnificent Mile, parts of River North…and you have to do something. It’s just going to get worse, and congestion pricing is well-suited for that.”

Grieving Families Fight Against Hours-of-Service Flexibility for Truck Drivers

September 30, 2019 by Levinson and Stefani Leave a Comment

WASHINGTON – The proposed flexibility in safety rules for truck drivers–which would allow extended duty time and less-strict mandatory break time–has some families remembering truck accident-related heartbreak.

Linda Wilburn, an Oklahoma mom, was waiting for 19-year-old son Orbie to stop by the house to pick up some belongings to take back to his new rental, just 10 miles away. While heading east on I-40 from Weatherford, traffic was stalled. There, Orbie Wilburn and his 1994 Camaro were crashed into from behind by a big rig speeding down the eastbound lanes. Orbie Wilburn was killed at the scene.

The truck driver–a 41-year-old from Kentucky–also died upon impact. According to Linda Wilburn, he had driven 1,300 miles from Bakersfield, California “without a rest break at all.”

Now, Orbie’s family is finding themselves fighting against the Trump administration’s new proposed flexibility regarding rest time for truck drivers, after the hours-of-service rules were formally introduced by the Federal Motor Carrier Safety Administration on August 20th.

The new plan would allow drivers to divide mandatory 10-hour rest time up into 5-5 or 6-4 hour split, meaning that they would have complete control over how they use that time, whether they are resting or not.

The proposal would also extend driving time by two hours for those working in any conditions that could be considered “inclement weather;” it would also lengthen the maximum on-duty period from 12 to 14 hours.

Of course, there are two sides to the proposal.

Those against the possible new regulations, including highway safety organizations and grieving families like the Wilburns, point out government data showing deaths from crashes involving large trucks hitting a 10-year high in 2017.

On the other hand, commercial drivers and trucking companies are among those in favor, and believe the current rules in place for truckers are too restrictive and don’t allow for common business concerns. Although the data show an increase in truck-involved crashes, they also show a decrease in the rate of large truck-involved fatalities based on number of vehicle miles traveled.

The National Transportation Safety Board has been focusing on fatigued driving, and says it is more of a serious issue than statistics depict. The agency has deemed the reduction of fatigue-related accidents as part of its ‘Most Wanted List’ of safety improvements for 2019-2020. “Drowsy driving does not leave telltale signs,” it says. “It is widely believed to be underreported on police crash forms.”

It was also reported by FairWarning in 2015 that the trucking industry had some heavy spending behind congressional lobbying and contributions to campaigns while pushing for more flexibility for trucking companies and drivers.

“These [proposals] are opportunities for drivers to be pushed to their limits further, to drive without resting,” says Harry Adler, executive director of the Truck Safety Coalition. “It’s more [of an] opportunity for a driver to operate while fatigued, which is really detrimental.”

Adler says these proposals are a way for the trucking industry to exploit their drivers for their own gain. “How does one say that telling a truck driver, ‘You’re going to work a longer day,’ improve safety?” he asks.

The Truck Safety Coalition has witnessed the severe emotional damage of families like the Wilburns who have lost loved ones in fatigue-related crashes–many of these families now testifying before congress. These include a Florida mother who lost her 23-year-old son and daughter-in-law when a semi-truck driver fell asleep at the wheel, as well as a Maryland father who lost his wife and whose son was permanently disabled after a triple-tractor trailer driver fell asleep on the Ohio Turnpike.

If the government’s proposals “are going to keep the highways as safe as–or safer than–they currently exist,” the American Trucking Association needs to take time to do more research, Dan Horvath, vice president of ATA safety policy, said in an interview with FairWarning. “We are not quick to give an immediate response. We really do take the time to do a thorough review, to work with our members.”

Norita Taylor of the Owner-Operator Independent Drivers Association says no scheduling regulations are perfect for all commercial drivers. “The trucking industry is very diverse,” she says. She also points out that while drivers have to obey hours-of-service rules, clients and customers don’t. In fact, they often make reasonable work windows impossible for drivers. “Shippers and receivers can keep them waiting as long as they want, and they do,” she says.

Regardless, families like the Wilburns continue to fight against higher probabilities for driver fatigue.

“I vowed early on–the first few days–if there was anything that I could do to prevent this from happening to one other family, I would do it,” said Linda Wilburn. She is now a board member for Parents Against Tired Truckers, which is part of the Truck Safety Coalition.