Truck Crash Insurance Minimums Should Increase to Meet Rising Medical Costs

August 6, 2019 by Levinson and Stefani Leave a Comment

Medical costs have consistently been going up in America in recent years while the minimum liability insurance policy limits that interstate shipping companies are required to carry for their trucks have not followed suit. A bill has been introduced in the House of Representatives that aims to fix this gap in coverage. Representatives, Jesus “Chuy” Garcia from Illinois and Matt Cartwright from Pennsylvania have both put their names on a bill known as the “Insurance Act.”

The purpose of the bill is to expand the minimum limits of liability insurance coverage for trucks that cross state lines from $750,000 to nearly $5,000,000, a number more in line with anticipated medical costs from devastating injuries that can result from a catastrophic crash with a semi-truck.

Some independent shipping companies are concerned that the higher insurance premiums that would result from this bill becoming law could drive smaller companies out of business, leaving only larger outfits in operation.

The Cost of Doing Business

Every business has operation costs. Some are higher than others. The trucking and shipping industry has a lot of overhead. Shippers have to pay for gas, drivers’ wages, and insurance, just to name a few. However, these companies normally pass these costs on to their customers. What we are talking about here is raising the cost of shipping in order to protect individuals and families that are hurt by large truck crashes. Higher insurance coverage limits benefits other professional truck drivers as well, since they also often get injured in these major crashes.

Additionally, trucking companies that are faced with higher insurance payments will be incentivized to make safety an even greater priority, since insurance companies usually base premium rates on their insured’s track record.

High Insurance Costs Already Affecting Trucking Companies

Carney Trucking Company, based in Alabama recently announced it was shutting down after having been in business since 1983 because of the high cost of insurance premiums. A major accident in 2018 resulted in an insurance quote that was so high it made continuing to operate unaffordable. The company’s fleet had around 25 drivers, all who will have to find other places to work now. Considering the high demand for truck drivers, hopefully these workers will be able to quickly land on their feet.

In the case of this trucking company, according to U.S. Department of Transportation records, their vehicles had a higher out-of-service rate than the national average. Whether these statistics had anything to do with the fate of the company would require additional research and analysis, but there is one thing that likely most people can agree on – better safety precautions will save companies money over time.

There are also low-cost tactics trucking companies can use to increase efficiency, save money, and increase safety. One way to do this is to encourage truck drivers to concentrate on their health. With long hours and limited food choices, drivers may find it hard to take care of their health, which is one of their most valuable assets. Additionally, drivers and trucking companies should plan routes that make sure drivers have enough time to sleep and comply with time limits so that they can remain on duty in a safer manner.

These factors can help keep drivers in their best condition. With good rest and good nutrition, they can be more alert and, therefore, ready to properly react in all types of traffic situations to better avoid hazards and prevent crashes.

We shouldn’t prioritize cheaper shipping costs over driver safety. Additionally, in the event that someone is severely injured in a crash with a semi-truck, we shouldn’t favor lower business costs over providing adequate insurance coverage for high medical costs and the after effects of a debilitating injury.

A Left Turn On a Green Light Can Still Be Dangerous

August 1, 2019 by Levinson and Stefani Leave a Comment

Everybody knows that green means go. Kids learn this concept in pre-school. However, every driver should know that turning left on a green light with approaching oncoming traffic requires waiting for the intersection to clear or for there to be enough space to avoid hazards before proceeding with the left turn. This rule is even stated in Illinois traffic law.

Government statistics show that crashes occur more frequently in circumstances involving left hand turns than right hand turns. The reason for this can probably be explained through commons sense reasoning. Left hand turns take longer and cover more space. Drivers often have to time their left turns to avoid oncoming traffic that also has a green light unless they are turning left at an intersection that had a traffic control light that includes a left turn only green arrow. But, even in those situations, motorists will still need to look for pedestrians crossing over the street that they intend to turn into or other vehicles disobeying the traffic signal. Obstructed views can also make left turns more challenging. Although, a good rule of thumb for those situations is to wait to turn until you can see that the intersection is clear and it is safe to turn.

Other Cars May Be Blocking Your View

When turning left, a driver’s view can be obstructed by other cars or trucks waiting to turn left from the opposite direction. Depending on how curved the road is, or how big the vehicles are on the other side of the street, a left turning driver may not be able to see oncoming traffic from his or her vantage point until those drivers make their turns or move out of the way.

Road Design Might Contribute to Obstructed Views for Left Turns

Additionally, the features of a road or intersection can make it tough for drivers to see each other. Take a street like Stony Island in Chicago, for instance. For motorists traveling southbound on Stony Island Avenue approaching 69^th St. in Chicago, one factor to consider is that there are a group of trees in the center median of Stony Island just south of 69^th Street. If you wish to make a left turn from S. Stony Island Avenue on to eastbound 69^th Street, you have to make the turn from the designated left turn lane. When the light is green for drivers attempting to turn left, it is also green for cars coming from the opposite direction traveling northbound on Stony Island. As you approach this intersection heading south on Stony Island Avenue, you have to keep a look out for vehicles heading north on that same street if you intend to turn left on to 69^th Street. You should also be aware in that situation to make sure the trees in the median aren’t preventing you from seeing any oncoming vehicles heading north.

David Struett, a reporter for the Chicago Sun Times, recently published a story about a fatal crash at this same intersection where a car that was attempting to turn left onto eastbound 69^th Street collided with a motorcycle heading north on S. Stony Island Avenue. Both of these drivers had a green light at the time of the crash. The driver of the motorcycle died as a result of his injuries from this tragic incident.

How Can I Make Left Turns Safer?

For intersections where making a left turn requires looking past obstructions, either natural or man-made, and avoiding oncoming traffic, the way to make traveling easier and safer for drivers is to avoid making that left turn altogether. I understand that this may sound strange, but considering the hazards that this intersection may impose on every driver’s goal of avoiding collisions and arriving at their intended destination safely, taking another route that could include 3 right turns instead of a tricky left could be the safer option. Not to mention the potential gas savings that come from less stopping and idling that left turns require and right turns do not. Besides, if it’s safer to make right turns than it is to make left turns generally, why not avoid turning left if you don’t have to? Every driver who makes a decision to take more safety precautions on the road has the potential of making things safer for all travelers.

Be Safe this Lollapalooza Weekend!

July 30, 2019 by Levinson and Stefani Leave a Comment

crowd at concert – summer music festival

This weekend, kicking off on Thursday and running through Sunday, hundreds of thousands of people will flock into Chicago in order to attend one of the biggest music festivals in the world, Lollapalooza. From August 1-4 this year, Chicago will be packed with festival-goers as they prepare to watch some of their favorite artists perform at Grant Park. Currently, it is expected that approximately 400,000 people will be attending the music festival. Although Lollapalooza will be an exciting event for all attendees, it also means a significant amount of more traffic and safety risks. Expect a surge in both public transportation and ride-sharing, as well as simply seeing more people wandering the streets of Chicago this weekend.

With heightened safety concerns at such large gatherings, the city’s Office of Emergency Management and Communications Executive Director, Rich Guidice, said on Monday, “We’ve probably had at least 12 meetings with Lollapalooza this year, and met with them twice yesterday and spoke to them twice already this morning.” The city is determined to provide festival-goers with as much safety and security as possible, citing those as the top priorities of this year’s music festival.

One of the most popular modes of transportation this weekend will most likely be ride-sharing, as attendees head to Grant Park to participate in the festivities. Below is a list of ways to stay safe this weekend.

Ride-Sharing Safety

As mentioned in a previous post, anyone who realizes they shouldn’t be driving, or simply decides that calling a ride-share would be better than having to concern themselves with driving, should also make sure to note what safety precautions to take when it comes to ride-sharing. Always make sure to check your ride-share driver’s license plate and car information to make sure that they match up with what is stated on your ride-sharing app.

Don’t Drink and Drive

Please remember that it is never okay to drink and drive. Although already a heavily regulated rule, with all 50 states and D.C. having set laws defining driving while impaired as a crime if a driver’s blood alcohol concentration (BAC) reaches a specific level or above (.08 percent at this time), this remains a rule that should go without saying.

Remember to fasten your seat belt

According to the CDC, “seat belt use is one of the most effective ways to save lives and reduce injuries in crashes.” While enjoying the festivities of this weekend, remember to make your safety and that of others a top priority.

Vehicle Maintenance

Getting behind the wheel while impaired is not the only concern people should have during this festival. If you know that you will be driving during the festivities of this weekend, make sure that your vehicle is in proper condition to be out on the road. Read about the dangers a lack of vehicle maintenance can cause here.

E-Scooters

Although e-scooters in Chicago are still limited to certain areas of the city, those with access to these e-scooters should remember that just because it isn’t a car, no one under the influence should be using one of these scooters for transportation. Despite having just been introduced to Chicago in the past few weeks, the pilot program has already brought on a variety of complaints. This Lollapalooza weekend, it is important to remember that these scooters need to be used responsibly to help avoid injury to yourself as well as others.

Divvy Bikes

Similar to the e-scooters, if you choose to ride a Divvy bike on your way home, make sure that you are in the proper condition to do so. Inebriated biking or scootering, especially in the city, could lead to just as devastating of results as drunk driving.

Texting while Driving

Despite the fact that everyone should already know that texting should always be avoided at any point when someone is behind the wheel, with the recent law on texting while driving having kicked in on July 1, 2019, this is a reminder that texting and driving is incredibly dangerous and will also most likely incur a significant fee for anyone willing to risk it.

Pedestrian Safety

Drivers should always keep an eye out for pedestrians. Drivers have a duty to look out for other cars, as well as people crossing the street on foot. With so many people headed downtown this weekend to enjoy the Lollapalooza festivities, motorists should be on the lookout for people on foot as well as other vehicles in order to avoid crashes.

As Chicago prepares to embrace the Lollapalooza festivities this weekend, we hope everyone makes sure to do so in a safe manner. Keep an eye out for drunk drivers and be sure to report them to the police immediately. The more drivers, pedestrians, and bicyclists feel inclined to report road safety issues, the safer we make our community. Having said all of that, we hope everyone has a wonderful Lollapalooza weekend!!!

Is The Truck Driver Shortage Making Our Roads Less Safe?

July 26, 2019 by Levinson and Stefani Leave a Comment

There aren’t enough truck drivers to fill the needs of the market. Back in 2015, the American Trucking Association, an industry advocacy group, published a report detailing the trucking and transport industry’s struggle to find enough drivers. The report found that the shortage reached 38,000 in 2014 and was expected to reach 48,000 by the end of 2015. By the end of 2018 the number jumped to 60,800, and it’s estimated to more than double over the next decade.

Why are there so few drivers?

There is more than one reason. There is an aging workforce. The industry is not attracting many women to enter the profession. Notably, there is a lack of qualified candidates for trucking companies to choose from.

Quality over quantity is the better way to go.

Professional truck drivers are held to a higher standard than other commuters. The Federal Motor Carrier Safety Regulations (FMCSR) is a set of rules that apply to nearly everyone who operates a commercial motor vehicle. The FMCSR covers topics including driver qualifications, safety requirements, how many hours a driver can remain on duty, and the penalties for violating rules.

If a police officer pulls over a family car, there is no driver log inspection. A group of friends taking a cross country road trip will not be decommissioned for failing to show how many hours the current driver has been behind the wheel. Obtaining a commercial driver’s license (CDL) requires much more training than a regular driver’s license does. At a minimum, getting a CDL, requires getting a permit to train with a CDL holder and passing a skills test.

Behind all the news about a driver shortage, is a recent shift in how the United States tackles the issue itself. There has recently been a new focus on deregulating the trucking industry as the United States continues to find ways to make truck driving more alluring to newcomers. As we recently wrote, the FMCSA will likely be having its longstanding drive time rules deregulated as a way to not only place more money in the pockets of truck drivers, but to help drivers get to their destination much quicker. Unfortunately, it has been shown that acts such as this one actually do more harm than good. While it is great that drivers will be able to ship products at a quicker pace, it has actually been shown that leniency with these drive-time rules has a negative impact on overall crash-rates across the US.

While safety remains a serious concern, there are issues that must be addressed.

Trucking industry publication, Heavy Duty Trucking, recently wrote an article regarding the driver shortage. Within the piece, they were able to interview Bob Costello, the Chief Economist from the American Trucking Associations (ATA). In response to a recent report that Costello released regarding the driver shortage, he stated that “the shortage probably seems much worse to carriers because we’re only talking about the quantity of drivers and they [fleets] also have to be concerned with the quality of the drivers they hire.” And that alone is the crux of the issue at hand. At what point does the safety of drivers and those on the road take a back seat to ensure the industry does not falter as a whole?

There are options to delay the effects of the shortage.

While the government is now working to change the regulations revolving around drive-time for commercial drivers, this solution really doesn’t act as a solution at all. It places drivers at risk of increased fatigue instead. With that being said, Heavy Duty Trucking acknowledged that Costello did provide a list of solutions in his recent report that trucking companies may adopt as a way to counteract the estimated reduction of drivers in the industry:

Driver pay increases
More at-home time
Improved driver image
Better treatment and reduced wait times (at shippers)
Transitioning military personnel to truck driving
Lowering the age for interstate operation

Just like everything in life, there is no silver bullet solution to issues that affect everyone. While many may believe that such actions as deregulating current rules will help the industry be more appealing or increase driver pay, there are clearly pros and cons to that approach. It is up to companies to speak up and acknowledge that driver safety must be at the forefront of each of these decisions. If companies can begin understanding and trying to implement these potential solutions, it just may counteract the inevitable shortage in the industry and keep drivers far safer on the roads in the meantime.

Who Pays My Medical Bills After a Car Accident?

July 25, 2019 by Levinson and Stefani Leave a Comment

The short answer is the person who is responsible for a crash generally pays for medical bills related to the incident. However, the at-fault driver will pay for the medical bills usually as part of a lump-sum payment that is included in the entire settlement or verdict amount. In other words, a victim of a car crash is responsible for making sure his or her bills are paid or that the doctors, hospitals, or clinics providing treatment for their injuries resulting from the crash are willing to wait until their legal case is resolved to get paid.

What If I Don’t Have Health Insurance?

Most auto insurance policies include medical payment coverage for medical bills incurred as a result of a car crash, but the limits are usually low, and it may only cover a relatively small amount of bills. Once that coverage is exhausted, you can request that a doctor or treatment facility place a lien on an outstanding bill. This means that the doctor or medical office agrees to wait to get paid until the legal matter is concluded and funds are recovered from the negligent driver. However, medical offices typically do not agree to provide treatment on a lien basis unless their patient is represented by an attorney.

What If The Other Side Blames Me For The Crash?

Damages in injury cases in Illinois are apportioned based on fault, unless the person filing the claim is more than 50% at fault. Put another way, if a negligent driver is 100% at fault for a crash, that person should pay 100% of the damages related to the case. If the person bringing a lawsuit is determined to be partially at fault for his or her injuries, that person will be responsible for the amount of damages proportionate to his or her percentage of fault. So, if the Plaintiff is determined to be 10% at fault, that percentage remains his or her responsibility. However, if it is determined that the Plaintiff is more than 50% at fault for his or her own injuries, that person will recover nothing.

Why Do I Have to Pay At All If It Wasn’t My Fault?

It seems unfair. When a negligent driver causes injuries and property damage, the victims of the crash now have to try and put their lives back together. Everyone has their routines and responsibilities – the things they have to take care of day to day. Avoidable car crashes disrupt all of that. They make you late to wherever you were headed. They injure you, sometimes irreparably. They can cause stress. Yet, very often, the financial burden of immediate aftermath of a crash falls on the victim.

You have to get your car fixed. You have to go to the doctor. You lose time and pay at work. Often, it isn’t until the legal process is completed that these damages are addressed. Also, if a negligent driver who causes a crash has insufficient, or no insurance, you have to rely on your own auto policy to cover the cost of your vehicle and your medical expenses, pain and suffering, loss of normal life, lost wages, etc.

One thing people can do to mitigate this problem is to purchase the most auto insurance coverage their budget will allow. The more coverage you have, the less risk you take when sharing the road with underinsured drivers. Illinois law requires auto policies issued in the state to include insurance that covers the policy holder and others covered by the policy if they are hurt by a driver who has no insurance or doesn’t have enough insurance. Negligent drivers should be held responsible when they cause damage, but if they don’t have enough insurance or money to pay for the damages they cause, it’s better to cover yourself to the full extent that you can.

Medical Bills Can Often Be Negotiated

If you’re hurt in a crash, medical bills can pile up in a hurry. If you have medical insurance that covers the bills initially, or you find a doctor that will treat you on a lien basis, there may be an opportunity to save on medical expenses once your case is settled by negotiating with the medical bill lien holders. There are statutes in Illinois that govern how medical bill and insurance liens are calculated in Illinois. Having the help of an experienced injury attorney to help you navigate these rules can make the process of resolving these issues much easier and more efficient than trying to figure it all out on your own.

Avoiding crashes altogether is, of course, the preferred outcome in any situation. Each person who ventures to travel anywhere, whether for work, fun, or chores, should strive to act as safely as possible. Still, we all know that we live in an imperfect world where not everyone does the right thing all the time, or even what they are supposed to do. Knowing what to expect and who to turn to if things go wrong, is a much better way to approach the hazards we all face when we venture out on to the road.

Who Pays for My Car After a Crash?

July 24, 2019 by Levinson and Stefani Leave a Comment

It is possible to follow all the rules of the road and still find yourself in a motor vehicle collision. If another driver acts unreasonably and crashes into your car, damaging your vehicle, you can make a claim to insurance for property damage. There are a few things that need to be considered before determining who actually pays.

Who caused the damage?

In Illinois, you can make a claim against another driver’s car insurance policy for your property damage if that person was responsible for the crash. If you have collision coverage on your own policy, you can seek compensation that way, too. It is usually your choice as to which policy to request payment from. Here is a list of a few things you can expect depending on which route you take:

Your Insurance

There may be less of a wait because your car insurance company will generally pay for the damage to your car without having to determine who is at fault in a crash. You contracted with that company to provide coverage for the possibility of your car being damaged. That is what it’s there for.
If you choose your policy to pay for your property damage, you will most likely have to pay your own deductible. $500 is a common deductible amount for auto collision policies in Illinois. That is the portion you have to pay out of pocket when your car insurance company pays for your property damage. If the other driver is at fault for the crash that caused damage to your car, your insurance company may be able to recover your deductible from the other driver’s insurance and reimburse you.
If you purchased minimal insurance that only provides liability coverage and no collision coverage, your car insurance company is not obligated to pay for your car regardless of how it was damaged. In this scenario, for the other driver’s insurance company to voluntarily pay for your property damage, they will likely have to accept full responsibility for the collision on behalf of their insured. Without either an admission of fault by the other side or a determination of fault you may not be able to recover your damages from insurance. For this reason, it’s always better to purchase collision coverage if you can afford it.

The Other Party’s Insurance

Regardless of how a crash occurs, insurance companies want to determine the estimated cost of repairs or a total loss before issuing any payments. When dealing with another party’s insurance policy, the process of scheduling an inspection can get delayed if the adjuster has not completed his or her investigation or determined who was responsible for the crash.
An insurance adjuster for the other driver might decide that he or she thinks you are partly to blame for a crash and will want to discount their property damage compensation offer accordingly.
If the other party’s insurance accepts full responsibility for a crash, you will not have to pay a deductible.

What is my car worth?

If your vehicle is determined to be a total loss after a crash, an insurance company will be unlikely to pay for it to be repaired. Instead, as long as the damage is covered by the policy, the company will issue a check for the value of the car before it was essentially destroyed. In other words, if a car is damaged so much that the cost of repairs is more than what the car is worth, it’s considered a total loss.

The value of the car is based on what you could get for it if you were to sell it. Put another way, it’s the market value. That is why it’s important, when financing a car, to make sure you have adequate insurance coverage for collisions and, not to borrow more money to pay for a car than what the car is worth. If you borrow money from a bank, credit union, or dealership to pay for a car and it gets wrecked in a crash, you will have to pay back the money you borrowed to finance the car regardless of how much the car is worth. The loan amount and the value of the car are two separate things that don’t always match up. You may want to consider this when you are looking to purchase a new or used ride.

The bottom line is that it’s wise to purchase as much insurance coverage as your budget will allow. It’s better to have it and not need it than to need it and not have it.