• 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

Blog

IDOT Works to Avoid Bridge Strikes Throughout the State

June 5, 2021 by Levinson and Stefani Leave a Comment

When truckers move under a bearing too low for the height of their big-rigs, bridge strikes happen.

Because it has been a prevalent issue in the state of Illinois, the Illinois Department of Transportation is pushing forward two potential pilot initiatives–both of which would aim to lower the number of large truck bridge strikes.

“Hit the road, not a bridge!” said IDOT recently in a tweet. “The average bridge strike costs $400,000 to fix? They also can cause backups, detours, and all sorts of safety issues. Truckers, please measure freight sizes, get your permits, and stay on the correct route.”

Because many drivers will watch navigation information on their cellphones or on printed route directions, IDOT is proposing a program dubbed “audible turn-by-turn navigation.” This initiative would allow IDOT to offer route information electronically through a cloud-based application for drivers to audibly hear all their navigation details without having to look at a document or a mobile device.

The GIS data providers that are working on this technology have said it is nearly ready for release. Presently, they are working on some platform format problems and will soon allow IDOT to test the system. If it is found to be acceptable, a select number of fleets will be able to test the technology and compare it to other methods of navigation. The system will be fully adopted by the industry if IDOT finds no problems with its implementation.

 The second pilot program is the HawkScan oversize vehicle measurement system, an initiative that will use sensors and cameras to digitally measure freight loads off of Interstate 70 at the westbound Maryville weigh station. The data collected from these scans can measure and classify trucks during normal traffic congestion conditions and can also verify a truck’s permit information.

This particular weigh station in southwest Illinois has processed more than 48,100 trucks in Illinois so far in 2021, and expects to process around 200,000 by the end of the year. The oversize vehicle measurement system has already been set up temporarily at this location.

“If all is accurate on the permit with the information gathered, the driver will be allowed to continue on without stopping,” said Geno Koehler, IDOT Permit Unit Chief. “Both projects are very exciting, and many people in the [oversize and overweight] industry are looking forward to their success.”

Because many agricultural shipments are hauled through Illinois, some truck drivers may not be aware that they are driving on a route including a bridge with a lower clearance than they might expect, explained Matt Hart, Executive Director for the Illinois Trucking Association. This is a major issue because agricultural equipment hauling is vital to the state of Illinois (and because the state’s top exports include animal feed and cereal grains, according to IDOT’s Illinois State Freight Plan).

Because these drivers are often not aware of low-clearance bridges, IDOT’s District 5 has had nine bridge strikes in the last year and a half, with each hit costing between $25,000 and $3 million to repair. On average, oversize load bridge strikes–either by farm equipment or large trucks–cost around $400,000 on average in repairs. When these accidents occur, they often lead to closures, road safety problems, detours, and traffic congestion.

Additionally, especially in the Chicago metro area, Hart noted that towing companies are especially costly for a truck that gets itself stuck under a bridge–with these bills coming out to around $100,000 per incident.

“It’s pretty disheartening when you have a truck that hits one of these bridges and [the driver is] already upset enough, but then you have tow companies that are taking advantage of that situation and are strapping these trucking companies with tens of thousands of dollars in towing fees just to get the vehicle out of that low-clearance bridge,” said Hart. “They know that out-of-state trucks are likely to hit those bridges because they’re not familiar with the area. After safety, this also becomes an economic issue.”

IDOT has released recommendations regarding how to prevent these accidents, with detailed steps including the need to stay on authorized routes, obtain proper permits, and measure freight loads well in advance. Drivers of permitted loads should also remember to only take the routes IDOT recommends.

Safe Truck Parking Becomes Priority in Newly Proposed Legislation

June 4, 2021 by Levinson and Stefani Leave a Comment

Solving challenges surrounding truck parking availability has been a top priority for the industry for quite some time now, and new legislation prioritizing boosted parking access for commercial motor vehicles has finally been brought to the U.S. House of Representatives in the form of the Truck Parking Safety Improvement Act.

This bill will work to alleviate the issue of open parking spot scarcity across the country and comes after many years of transportation lawmakers working to bring awareness to this major issue that has been a headache–and safety problem–for truck drivers everywhere.

“I grew up in a family trucking business and spent years driving over the road,” said sponsor of the bill and Transportation Infrastructure Committee member, Representative Mike Bost. “Since then, we’ve seen the need for more trucks and drivers increase significantly, especially during the COVID-19 pandemic when trucking helped to keep our economy going. However, the number of truck parking spaces hasn’t kept pace.”

Because the lack of parking spaces continues on, many truckers have had to put themselves and other drivers in unsafe situations.

“Creating sufficient parking options for long-haul truckers will not only help keep truckers safe during their rest breaks, but will also mean safer roads for everyone,” Bost added.

Bost originally pushed forth a version of this bill earlier on in Congress, but the legislation did not make it to the president’s desk. Now, the bill is co-sponsored by Representatives John Garamendi of California, Angie Craig and Pete Stauber of Minnesota, Dusty Johnson of South Dakota, and Susan Wild of Pennsylvania.

“Without adequate parking, truck drivers are forced to pull to the side of the road or continue driving–both of which are risky,” said Craig.

This updated legislation is now expected to be discussed during a debate about multiyear measures for highway policy by the House transportation panel–this measure would come as an update to an expiring national highway law first implemented in 2015. 

Additionally, funding from the U.S. Department of Transportation would be allocated by this truck parking legislation to boost areas currently providing truck parking or that would be willing to provide such parking in the future. Specifically, 2022 would see $225 million dedicated to these sites with additional funding coming throughout 2026.

Federal and state officials would also both need to submit reports to Congress in regards to how the bill has affected the freight industry overall during that time.

Transportation committee chairman, Representative Peter DeFazio of Oregon, has expressed his dedication for finding the best ways to boost truck parking across the country and told industry members in February that he would “meaningfully address that issue.” Many stakeholders have also long-supported resolutions to the truck parking space shortage and are in full support of this new legislation.

Stakeholders have also explained their stance that improving the accessibility of parking for truck drivers would not only boost overall driver safety, but would also enhance freight movement throughout the United States.

“The severe shortage of safe parking presents truckers with an untenable dilemma: Either keep driving when they are fatigued and possibly in violation of their federal hours-of-service requirement,” said Chris Spear, American Trucking Associations President, “or park in unsafe, sometimes illegal locations, such as a roadside shoulder.”

Independent truck drivers, who don’t always have the support and resources that fleet truckers might, have also explained their relief that policymakers are finally giving these issues the attention they deserve.

“Truckers often wonder if anyone in Washington is listening,” said Todd Spencer, President of the Owner-Operator Independent Drivers Association. “The introduction of the Truck Parking Safety Improvement Act shows that not only are some members of Congress listening, but lawmakers from across the political spectrum are willing to step up and address one of the greatest concerns for professional drivers: the national shortage of safe truck parking.”

ATA’s Spear has assured industry members that driver safety and supply chain efficiency are a top priority and that these both rely on safe truck parking options.

“The health and well-being of our drivers, the safety of the motoring public, and the sustainability of our supply chain all depend on Congress addressing this issue with adequate funding in a surface transportation [policy] bill,” he said.

New Bill Aims to Finally End Distracted Driving for All

June 4, 2021 by Levinson and Stefani Leave a Comment

Distracted driving is an issue for everyone who shares the road, and cellphone use while operating a commercial motor vehicle or while driving near a truck can lead to fatal accidents.

Because of this, American Trucking Associations has formally expressed its support for a federal bill that would work to end the usage of cellphones while driving for all drivers–passenger vehicle drivers and truckers alike.

In February of this year, the Safe to Drive Act–a bipartisan bill–was introduced to the House and the Senate. The legislation would allocate up to a quarter of the U.S Department of Transportation’s funds within national priority safety program grants to states that can show they have set forth a statute regarding distracted driving that: can be used for drivers of any age, bans any handheld cellphone use or handheld use of any personal communication device while driving, and ensures that the violation of said statute is a primary offense.

“The trucking industry knows all too well the dangers of distracted driving and the threat it poses to all motorists, not just our professional truck drivers whose workplace is our nation’s roadways,” said Dan Horvath, Vice President of ATA’s Safety Policy, in a recent letter to transportation leaders in both the House and the Senate. “Ensuring all drivers are educated about the dangers of distracted driving, and effective enforcement of common-sense highway safety laws, will greatly aid our shared goal of zero highway fatalities.”

While many may assume that accidents involving a passenger vehicle and at least one truck due to distracted driving may be the fault of a trucker, Horvath noted that typically, these incidents are caused by dangerous behavior demonstrated by passenger vehicle drivers.

“Although 70 percent of fatal crashes involving a large truck and passenger vehicle are initiated by the actions of, or are the fault of, a passenger vehicle–there is now federal law preventing passenger vehicle drivers from using handheld mobile devices while driving,” he said. “Our nation’s professional truck drivers see distracted drivers all the time, and, unfortunately, no level of defensive driving can prevent all accidents from occurring.”

Current federal mandates restrict truck drivers from operating vehicles while using any handheld devices at any time–even while stopped at a traffic light.

“Given data showing the majority of car-truck collisions are the result of passenger driver behavior, extending those bans to all drivers and not just truck drivers will have a positive impact on safety,” Horvath added.

According to ATA, the Safe to Drive Act will be a “tremendous opportunity” for the country and the transportation industry to focus upon and allocate helpful resources to all accidents that are so often caused by distracted drivers–the kinds of accidents that can be hard for a truck driver to avoid.

“In commercial trucking, we require drivers to keep their eyes on the road ahead at all times–and we should expect the same vigilance of every motorist on the road,” said Horvath. “Sadly, convenient access to social media and streaming services has only increased the number of potential road hazards, leading to increases in the quantity and severity of distracted driving incidents.”

In fact, many truck drivers are incredibly surprised–and horrified–to learn about how often distracted driving really occurs on the road and how tricky it can be to anticipate the accidents that may accompany those distractions.

“I have seen everything from texting, to putting makeup on, to even reading a newspaper while driving,” said YRC Freight truck driver, Steve Fields. “Taking your eyes off of the road for just two seconds compromises highway safety. Anything we can do to reduce distraction is a good thing.”

This legislation’s co-sponsors hope that this kind of bill will help bring an end to these easily avoidable dangers once and for all.

“When drivers take their eyes off of the road, they endanger themselves, other drivers, and pedestrians,” said Senator Amy Klobuchar. “This legislation will help ensure states have the resources to create safer roads for all and ultimately, save lives.”

The number of deaths in accidents that involved distracted drivers made up 8.7 percent of all roadway deaths in 2019–a total of 3,142 fatalities at the hands of cellphone use or other distractions while operating a motor vehicle.

“This represents an increase of 284 fatalities than the previous year–an increase of 9.9 percent,” Horvath explained. “This trend is unacceptable for highway safety. Although numerous factors contribute to highway crashes, driver distraction as a result of mobile devices is not accidental. Moreover, it is completely preventable.”

New Smog Test Regulation Proposal Brings Strong Opinions from Fleets

June 3, 2021 by Levinson and Stefani Leave a Comment

In a recent informational workshop, it appeared that many trucking industry employees are not satisfied with California’s latest proposal–a maintenance program set forth by environmental regulators to update smog inspections for heavy-duty trucks that will mandate that carriers give their fleets quarterly smog tests, as opposed to the current requirements of annual inspections.

This proposal brings about the first potential requirement for motor carriers to submit smog tests upon crossing over the California border–whether or not they are domiciled in California. However, this regulation would also call for extra time to be offered to carriers in order for them to complete necessary truck reparations if they are found to be non-compliant and are operating up to three trucks.

Still, though, the final rule is not set to be considered by the California Air Resources Board until December of 2021, and CARB staff has explained that there is still much to be done in regards to perfecting the regulation, which would likely not be fully implemented until 2023.

This proposed regulation was first explained in California’s Mobile Source Strategy of 2016 and the state Senate Bill 210, which became law in 2019. Its primary goal is to ensure the high-quality maintenance of trucks’ emissions control systems and to better determine which vehicles may have malfunctions in their emissions control components so that quick and efficient repairs can be made. If these reparations are made in a timely manner, they can help to decrease the overall in-use of nitrogen oxides and the particulate matter emissions that come from non-gasoline, heavy-duty trucks weighing in at more than 14,000 pounds.

From these smog tests, data could be collected throughout the state of California at quick-stop testing sites at places such as at truck dealerships, or even through in-vehicle data diagnostics programs.

According to CARB air pollution specialist Krista Fregoso, this recent workshop came as a follow-up to answer questions from two previous meetings.

“Staff has revised the regulatory concepts based on stakeholder feedback and redrafted the concepts as draft-proposed regulatory text,” the announcement for the workshop explained. “The meeting discussion will focus on key updates to the concepts discussed at the December and February meetings.”

Some workshop participants asked if bigger fleets would have to report smog test results particularly quickly and if the schedule for the implementation of this kind of regulation was too demanding.

“For our organization, we hired nearly 8,000 sub-haulers as defined by the advanced clean fleet rule,” said J.B. Hunt Transport’s director of maintenance and equipment procurement, James Cottingham. “Those 8,000 sub-haulers represent roughly 308,000 pieces of equipment. How do you expect us to validate certificates for each and everyone of those trucks? It seems rather impossible.”

Because CARB board members are still working on gathering public feedback and working to find the best manners in which to help fleets adhere to these guidelines, the board asked for more insight from trucking companies.

“We’re still getting feedback on that,” said CARB air resources supervisor Cody Howard in response to Cottingham’s question, “and we would like further feedback from your group as well.”

The biggest worry for most of these fleets–rapidly increasing costs that could come from compliance to this regulation.

“Most people can relate to a smog check where they take their car in annually or maybe even less,” explained California-based environmental research for American Trucking Associations, Mike Tunnell. “But CARB has come up with the idea that they want to do it for trucks on a quarterly basis. According to CARB, only 3% of the trucks contribute 65% of truck-related particulate matter emissions, while for oxides of nitrogen, its 11% of the trucks contributing 47%. So, as we have seen with smog check programs in general, it becomes a matter of how well the program can identify malfunctioning vehicles while minimizing costs across the majority of vehicles which are compliant.”

Minimizing these costs is especially important for independent owner-operators, as well, explained president of Nisei Farmers League out of Fresno, Manuel Cunha Jr.

“The independent small trucker has it very, very difficult,” he said at the workshop. “If you’re going to make that small independent trucker go out and buy a $180,000 truck, and he only travels two or three months in California, [that] makes it even more difficult.”

CARB plans to have a back-office database where submissions for these smog tests can be stored, and on pre-OBD trucks, tests will be able to be run through a mobile testing device that comes from a third-party.

“The easiest way to seamlessly transfer the data would be through new software for the telematics systems many trucks now have,” explained Kenworth Truck Co.’s director of fleet management, Doug Powell.

ATA Launches Panel to Help Law Enforcement and Truck Drivers Work Together

June 3, 2021 by Levinson and Stefani Leave a Comment

American Trucking Associations has been looking for ways to “grow and strengthen” truck industry employees’ relationships and perceptions of law enforcement organizations across the country, and ATA’s federation is bringing aboard a new panel of advisors to help with this effort.

ATA announced its intentions for this panel recently and explained that both retired and currently active law enforcement officials who have been working to boost collaboration efforts with truck drivers, as well as ATA members who have worked in law enforcement at the local, state, and federal levels, will comprise the panel.

“No two groups have a stronger and more consistent presence on our nation’s highways than law enforcement officers and American truckers,” said Chris Spear, President of ATA.

Collaboration within the panel will involve more than two dozen law enforcement agencies–including state organizations like Washington State Patrol and California Highway Patrol, local police departments like Madison County, Florida’s Sheriff’s Department and Jackson, Tennessee’s local police department, and even U.S. Secret Service and FBI members.

Because law enforcement agencies and trucking companies consist of workers who are most commonly on America’s roadways and are both working to keep the nation moving forward efficiently and safely, Spear explained that boosting the partnerships between them is vital for the economy and for public safety.

“Therein lies a strategic opportunity for greater collaboration, increased communication, and new bonds,” Spear continued. “The incredible depth and breadth of experience represented on this board will be an invaluable asset for our industry, the law enforcement community, and the safety of the motoring public alike.”

The Law Enforcement Advisory Board held its first official meeting in March and plans to meet at least every other month to determine the most important challenges and potential opportunities for improvement its members wish to address. In its inaugural meeting, the board found the particular subjects it intends to prioritize over the next few months.

These pressing issues include efforts to increase rest stop safety for truck drivers, boosted truck parking capabilities and availability, the improvement overall commercial motor vehicle security, increased company safety employee and truck driver training accessibility, and ways to help in the fight to end human trafficking.

Some solutions the board discussed in regards to improving communication and strengthening relationships between local police officers and truckers included: meet-and-greet events during which participants could focus on building friendships and rapport, and ride-alongs for truckers and police to gain a better understanding in regards to the daily duties of one another, noted Dana Moore, advisory board member and Texas Trucking Association’s director of policy and government relations.

Moore also explained that at TTA, members have already been working toward forging relationships with members of their local law enforcement, and he believes that many other agencies should be able to easily begin similar efforts to make communication and cooperation as efficient as possible.

“One of the things we do is bring a food truck in and we buy officers lunch,” said Moore of TTA. “We have fellowship, [we] don’t do business [during those times].”

Moore, who has also served as a commercial vehicle enforcement officer with the Texas Department of Public Safety, also noted that because trucker safety at rest stops has been such a prevalent issue, the board believes law enforcement should help by offering their services at parking areas and rest stops whenever they can.

“It’s all about integrity and trust,” he added, explaining that police officers and truck drivers in his state of Texas have been already begun working together in efforts to combat human trafficking over the Mexico border.

Trucking companies from which members of ATA’s advisory panel come include: Yellow Corp., HNTB Corp., FedEx Freight, ABF Freight System, Zonar Systems Inc., Old Dominion Freight Line, UPS Freight, Werner Enterprises, and Roehl Transport. The board also includes employees from Walmart Inc., the Nebraska Trucking Association, The Texas Trucking Association, the South Dakota Trucking Association, the National High Intensity Drug Trafficking Area Assistance Center, McAnally Wilkins Insurance, and DeVere Public Affairs and Consulting.

Finally, employees from Midlothian, Texas’ Police Department and the City of La Porte Police Department have also joined the advisory board.

Trucking Companies Making Major Efforts to Get Employees Vaccinated

June 2, 2021 by Levinson and Stefani Leave a Comment

The coronavirus pandemic has continued on, and the nation’s truck drivers have remained on the frontlines to ensure individuals, medical institutions, and grocery stores are always able to receive the deliveries they need on time.

Luckily, trucking companies across the country are working hard to make sure truck drivers and other employees are able to receive the COVID-19 vaccine as quickly as possible in order to keep the number of potential illnesses down and to ensure the industry is able to keep up with its duties efficiently.

Now, fleets are helping their employees to utilize paid time off, giving them access to on-site clinics, and creating online platforms to help them stay healthy and get their vaccines right away. For example, UPS Inc. workers have been given additional paid time off, vaccination appointments, and other medical benefits through COVID-19 compensation packages, according to Matthew O’Connor, a spokesman for the company.

Cargo Transporters has also been making efforts to ensure all of its drivers are vaccinated and has worked in collaboration with North Carolina’s Catawba Valley Health System in order to do so.

“The drivers will call into human resources,” said the company’s vice president of human resources, Kristy Hedrick. “Human resources then gets them an appointment.”

Cargo Transporters will also make sure its employees’ second vaccination appointments are scheduled within about four weeks after the first vaccination. According to Hedrick, the company makes sure all second appointments take place at the same location as the first, and drivers have ongoing communication with company leaders in order to make sure this process goes as smoothly as possible.

To help all employees get the vaccine quickly, Ryder System Inc. is providing six hours of paid time off to all of the company’s workers. Since the end of March, nearly 700 Ryder employees have used this opportunity to get vaccinated.

“Our employees have been very receptive to it,” explained Ryder System’s chief human resources officer, Frank Lopez. “I think they welcomed it and they appreciated that we were doing what we can do to ensure that they have the ability to take the vaccine.”

Melton Truck Lines has also been making getting vaccinations as easy as possible by implementing an on-site vaccination clinic, and by helping employees get their vaccinations at other locations if needed.

“We partner with CareATC and have a clinic on-site at our main terminal in Tulsa,” noted Melton’s vice president of human resources and safety, Lisa Mason.

In areas where resources are easily accessible and employees are eligible, Yellow Corp. has been making similar efforts, and is working in collaboration with pharmacy providers to offer on-site vaccinations, as well.

“Yellow is providing all employees with essential services documentation to assist them with getting prioritization of the vaccination,” said Heather Nauert, spokeswoman for Yellow Corp.

Many trucking companies are also doing what they can to keep their truck drivers–and all employees–well-informed in regards to all aspects involved with receiving the vaccine. These efforts include providing workers with information about the best locations for them to get vaccinated and what they need to know about their eligibility in their respective states.

Werner Enterprises, in particular, has been focusing on spreading as much helpful information as possible by launching a website just for its employees to find the state-by-state information they need in regards to becoming vaccinated.

“The company is seeking out opportunities where we can provide easy access to vaccine clinics, whether it be on-site or close to one of our network locations,” explained Werner’s vice president of human resources, Stefanie Christensen.

FedEx Corp has also been helping employees find the most efficient ways to utilize their eligibility in their own states.

“We strongly encourage all team members to take advantage of vaccination opportunities as they become available, and are actively working to ensure team members are aware of opportunities,” said a spokesperson for the company.

Companies like U.S. Xpress Enterprises are taking their informative efforts a step further by bringing in resources like licensed physicians who can help answer vaccination-related questions and address any employee concerns.

“We’re using regular touch-points like town halls, newsletters, and even social media content to communicate key information,” explained the company’s chief people officer, Amanda Thompson.

  • « Go to Previous Page
  • Page 1
  • Interim pages omitted …
  • Page 32
  • Page 33
  • Page 34
  • Page 35
  • Page 36
  • Interim pages omitted …
  • Page 128
  • Go to Next Page »

Levinson and Stefani Injury Lawyers in Chicago / Attorney Advertising