• 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

Navistar Engine Lawsuit Approved at $135M

March 23, 2020 by Levinson and Stefani Leave a Comment

CHICAGO – A $135 million settlement will now be paid to resolve claims that Navistar sold defective truck engines knowingly.

A federal judge in the city granted final approval of the settlement last month between Navistar Inc. and a court-certified class of around 45,000 plaintiffs.

This settlement benefits truck drivers, particularly, who leased or purchased a MaxxForce 11- or 13-liter engine-equipped vehicle from between the 2011 and 2014 model years. These engines were certified to meet EPA 2010 emissions standards without selective catalytic reduction technology.

This settlement has been one of the the most prominent legal battles for Navistar, a company that builds international trucks. The issue originates from the leasing and sale of over 66,000 trucks with engines equipped with defective exhaust gas recirculation (EGR) systems–which are meant to control nitrogen oxide emissions.

Allegedly, the defect causes engines to heat up much more than similarly-made engines, which leads them to break down more easily.

The plaintiffs claimed that they would not have purchased the vehicles, or would have paid much less, should they have known about the potential defects ahead of time. Because of this, Class Members, along with the plaintiffs, argued that they had sustained financial injury.

When the settlement was made in May of 2019, U.S. District Court Judge Joan Gottschall rules that it was “fair, reasonable, and adequate.”

Lyndi MacMillan, director of business communications for Navistar, said the company looks at the settlement as a way to move forward. “Navistar is pleased with the court’s decision to approve the proposed $135 million class action settlement,” she said. “The settlement is a major step in helping us move past the MaxxForce 1-liter and 13-liter EGR engines issues in the U.S.”

According to the settlement, class members are able to select a “no questions asked” payment of up to $2,500 per truck, a $10,000 rebate off of the price of a new truck, or out-of-pocket costs per truck related to the EGR setup of up to $15,000 total. The agreement has set aside $85 million in cash with another $50 million for the rebate program.

Class Members must file a valid claim by May 11, 2020 to benefit from the settlement.

Who is eligible?

Any consumer who purchased or leased a 2011 to 2014 model year vehicle which used a MaxxForce 11- or 13-liter engine with specific certification meeting EPA 2010 emission standards without selective catalytic reduction tech can benefit from the settlement.

To see if their vehicle qualifies, consumers can check their VIN numbers.

What is the award?

Consumers can receive up to $2,500 in cash or up to $10,000 in rebates per affected vehicle. Additionally, Class Members will get a certain monetary amount for each month that they owned or leased the affected vehicle.

Limitations for the cash option:

-Model year 2011: $26.59 per month

-Model year 2012: $29.07 per month

-Model year 2013: $33.33 per month

-Model year 2014: $39.06 per month

Limitations for the rebate option:

-Model year 2011: $106.36 per month

-Model year 2012: $116.28 per month

-Model year 2013: $133.32 per month

-Model year 2014: $156.24 per month

There is an additional third option from which Class Members may be able to benefit if they choose to forego cash or rebates. The “Prove-Up” option allows Class Members to collect up to $15,000 in covered costs per vehicle owned or leased. These costs include repairing or replacing primary components, or repairing or replacing a secondary component that takes place within 30 days of the first.

The primary components include: the EGR Cooler and the EGR Valve. Secondary components include: the Lambda Sensor, Oxygen Sensor, Oil Centrifuge, Valve/Seat (Intake), Valve/Seat (exhaust). Valve Bridge, Cylinder Head (when accompanied by a Valve/Seat (Intake) and Valve Bridge repair), Turbochargers, Total Engine Replacement or Rebuild (with proven Turbochargers failure), Diesel Particulate Filter, and DOC/Pre-DOC.

In their court filings, the plaintiffs claimed that heavy-duty diesel engine manufacturers have worked to lower NOx emissions with EGR for years, and that all manufacturers, apart from Navistar, adopted selective catalytic reduction (SCR) to remove NOx from the exhaust after federal emission standards were lowered in 2010. 

According to the court documents, Navistar tried to use EGR alone to comply with the rules, but MaxxForce engines prevented the setup to function properly. Since then, Navistar has implemented a new series of SCR-equipped engines.

HOS Relief Issued as COVID-19 Brings Increase in Deliveries–What Does This Mean for Road Safety?

March 19, 2020 by Levinson and Stefani Leave a Comment

As the CoronaVirus outbreak keeps more and more people under lockdown in their homes, the amount of requested supply shipments and home deliveries skyrockets daily. Because of this, The Federal Motor Carrier Safety Administration has issued an expanded declaration of national emergency regarding hours-of-service regulation relief to truck drivers.

While it makes sense that timely shipments are more important now across the globe than ever–especially for emergency supplies–is this what’s safest for truckers and for other drivers on the road?

The expanded declaration by FMCSA aims to give flexibility to CMV (commercial motor vehicle) operations working through emergency efforts to meet the time-sensitive needs for:

  • Medical supplies and equipment, including those for the testing and treatment of COVID-19;
  • Supplies needed for community safety and sanitation, such as masks, hand sanitizer, gloves, soaps, and disinfectants;
  • Food, groceries, and paper products for rushed restocking of stores and distribution centers;
  • Immediate precursor raw materials, like paper, plastic, and alcohol that are required for essential items manufacturing;
  • Supplies and equipment needed to manage temporary housing and quarantines;
  • Persons designated by authorities for medical, quarantine and isolation purposes;
  • Persons needed to provide medical and emergency services; and/or
  • Fuel.

“Direct assistance terminates when a driver or commercial motor vehicle is used in interstate commerce to transport cargo or provide services that are not in support of emergency relief efforts related to the COVID-19 outbreaks or when the motor carrier dispatches a driver or commercial motor vehicle to another location to begin operations in commerce,” the declaration stated.

“Upon termination of direct assistance to emergency relief efforts related to the COVID-19 outbreaks, the motor carrier and driver are subject to the requirements of 49 CFR Parts 390 through 399, except that a driver may return empty to the motor carrier’s terminal or the driver’s normal work reporting location without complying with Parts 390 through 399.”

FMCSA also explained that this is the first time it has issued nationwide relief, an effort that follows President Donald Trump’s issuing of a national emergency declaration regarding CoronaVirus.

“The nation’s truck drivers are on the front lines of this effort and are critical to America’s supply chain,” said Elaine Chao, Secretary of Transportation

In addition, Amazon–the world’s largest online marketplace–announced that in response to COVID-19 it would hire 100,000 new employees, including drivers, to meet the demands of these heavy delivery requests.

While these are particularly difficult times, and it is important (sometimes vitally) for deliveries to be made in a timely manner, we have heard before why relaxing hours-of-service regulations can be detrimental for truckers and those with whom they share the road.

Still, the Trump Administration has been working to ease trucking regulations since long before the COVID-19 outbreak. Its hours-of-service flexibility proposal was presented last year, and plans to allow drivers to divide their 10-hour mandatory rest times into 5-5 or 6-4 hour splits, allowing them to have control over whether or not they are actually resting during that time.

Additionally, the proposal would extend potential driving time by two hours for truckers working during “inclement weather” or any other conditions with possible driving obstacles. It would also lengthen the maximum on-duty period from 12 to 14 hours.

Ken Levinson pointed out the problem with this approach, “It may seem like a good idea to ‘allow’ truckers extra time to make deliveries, but our clients who drive trucks for a living regularly tell us how driving in bad weather is exhausting. Because they have to focus more, they get tired faster. Doubling down by making them drive even more hours is a recipe for disaster.”

Those opposing the regulation changes point out that deaths from crashes involving big rigs hit a 10-year high in 2017, and many of those crashes are a result of truckers driving while fatigued.

The National Transportation Safety Board named that reduction of fatigue-related accidents on its “Most Wanted List” of safety improvements for 2019-2020. Additionally, the Truck Safety Coalition’s offshoot, Parents Against Tired Truckers, is working to prevent the regulation flexibility in order to keep young drivers safe from truckers driving while tired.

With more hours possible on the road with shorter rest times, it is inevitable that many truckers will be driving while fatigued, and therefore impaired. To be sure, with so many people staying home, there are likely fewer drivers on the roads, but tired truckers are still a danger to themselves and to other truck drivers.

“I wish more trucking companies were following Amazon’s lead,” said Jay Stefani. “We absolutely need important items delivered to people these days, but the answer is to hire more qualified truck drivers, not push already overworked truckers to exhaustion.”

With efforts like Amazon’s addition of thousands of new drivers, there will be an unprecedented amount of extra truckers on America’s roadways. Therefore, this may be the time when drivers will have to be more alert than ever.

American Intermodal Management Merges with FlexiVan, Becomes Leader in Marine Chassis Leasing

March 16, 2020 by Levinson and Stefani Leave a Comment

Car Truck Chassis Inside Body

MIAMI – U.S.-based marine chassis lessor, American Intermodal Management (AIM), along with portfolio company I Squared Capital, is now merging with FlexiVan Leasing, as announced January 27th. FlexiVan is owned by Castle & Cooke and is the third largest marine chassis provider in the country, with its 300 employees and over 120,000 chassis.

“I Squared Capital is expanding its global presence across the transportation and logistics value chain with approximately $2.2 billion of equity capital committed across North America, Europe, and Asia,” said AIM Board chairman and I Squared Capital Managing Partner, Adil Rahmathulla. “We are now a leader in trailer and chassis leasing across Europe, Canada, and the U.S. as well as the largest private owner of highways in India.”

AIM currently operates 12,500 chassis, and will reach a combined fleet of 137,500 with FlexiVan.

“This transaction combines FlexiVan’s 65 years of operating history, nationwide presence, and deep customer relationships with AIM’s fleet of new chassis, innovative technology. and data analytics to offer our customers more flexibility and great supply chain efficiency,” said AIM CEO and CEO of the new combined company, Ronald Widdows.

The business will continue to be called FlexiVan, a name originating from the mid-1950s when trucking executive Malcolm McLean helped to develop the first standardized intermodal shipping container.

As for AIM, the company was formed by I Squared in 2016 as a logistics platform, and has become a leading chassis lessor. AIM provides GPS-enabled services to other companies, shipping lines, and retailers throughout the country’s intermodal supply chain, and currently has the innovative technology options to work with FlexiVan’s relationships and deploy its tech-enabled model throughout the U.S.

“This is our fifth acquisition in the transport and logistics sector in the last six months, and [is] a key milestone as we expand our presence in the U.S. market,” explained Rahmathulla.

AIM is a young business and has many of the highly sought-after technologies trucking companies are searching for lately–such as LED brake lights, automatic braking systems, and radial tires. Each AIM chassis has a GPS sensor, an accelerometer that transits distance, speed, and direction, and a load sensor that can communicate when a container is mounted and dismounted.

As FlexiVan acquires AIM’s chassis fleet, it will no longer need to purchase thousands of new chassis from China International Marine Containers, the industry’s leading manufacturer. Importing from the overseas company brought up the issue of tariffs–which will no longer be an issue for FlexiVan, as its chassis from AIM will last for up to 25 years.

Additionally, until this announcement, AIM had been shut out of multiple terminals because it had not established relationships with ocean carriers and terminal operators–which control which chassis are used. Now, it should be welcomed at most ports.

“AIM as an upstart–they didn’t have any of those legacy relationships or contracts, and they were being essentially left out of some business,” said director of transportation consulting with IHS Markit, Paul Bingham. “That’s because their equipment wasn’t able to be used at some specific terminals. This deal breaks down the walls, at least for AIM getting onto the terminals where the acquired company has operations now, so it expands where their fleet can reach, and the merged company will have more opportunities.”

FlexiVan currently works with all major chassis pools, and has current agreements with many large container shipping companies, like OOCL and Ocean Network Express.

“The combination of AIM and FlexiVan will provide strong financial support to continue the upgrade of FlexiVan’s fleet, support significant investment in new assets, and fund ongoing development of innovative IT systems, all of which will allow us to deliver an industry-leading customer experience,” said Charlie Wellins, FlexiVan president.

However, Bingham said it is not guaranteed chassis customers will see an immediate significant change.

“I really don’t know if it is going to fundamentally revolutionize anything, because it’s still not moving the industry to where it’s the actual truckers owning the chassis, like it is in the rest of the world,” he explained. “The issues revolve, as they always have, around maintenance…This particular merger is a change of some of the leadership, but I’m not sure where it’s going to go in terms of management.”

$8 Million Granted in Roadway Safety Efforts, Including ND’s Autonomous Crash Truck

March 15, 2020 by Levinson and Stefani Leave a Comment

Commuters are already moving about before dawn on the streets of Washington DC United States Capital City

The state departments of transportation and local governments of 10 different states are receiving part of the Federal Highway Administration’s $8 million in grants for Accelerated Innovation Deployment or AID demonstration programs, as announced January 21st.

These grants will work to accelerate the implementation of new transportation technology, improve traffic management, speed up completion times for bridge projects, and improve overall roadway safety in Alabama, Arkansas, Colorado, Florida, Illinois, Iowa, Michigan, Minnesota, New York, and North Dakota.

“These funds will help support our state and local partners across the country in their efforts to deliver more resilient roads, bridges, and highways for the traveling public,” said FHWA administrator, Nicole Nason.

One of these efforts is that of North Dakota, which received $241,687 for its autonomous crash attenuator truck.

A crash attenuator itself is a tool used to lessen crash impact, and is often installed at the end of a guardrail. An attenuator truck, or a “crash truck,” is typically positioned at the ends of work zones to help protect workers from collisions.

“[The attenuator] dampens or deflects that vehicle that’s coming into the work zone,” NDDOT engineer Travis Lutman said. “This is a big box, essentially, that is meant to deflect or absorb the impact of a crash so it doesn’t enter the work zone and hurt anybody.”

As of now, NDDOT uses an attenuator-mounted truck which must be operated by a driver. According to Lutman, the FHWA will be used for new autonomous vehicle tech in order to create a system allowing a driver-operated lead vehicle to communicate easily with an autonomous follower vehicle.

This attenuator-equipped follower vehicle would not need a driver in a work zone, but a human operator would need to aid in transporting the vehicle to and from the zone itself. Lutman said the autonomous attenuator truck would be useful in tasks like crack sealing, lane striping, and bridge cleaning.

The overarching goal of this new system is to increase safety around work zones, especially for the operator of current crash trucks.

“We want to get him or her out of that vehicle, creating a safe work environment for them,” said Lutman.

He also explained that Fargo will be the first city to implement the technology as efforts move forward between North Dakota and Minnesota.

Additionally, in Florida, the Florida Department of Transportation and the City of Orlando are using their joint $1 million AID grant for a segment of a larger project aiming to better manage traffic flows around downtown Orlando–which will specifically seek to improve “traffic signalization” at roadway intersections throughout the downtown area.

In New York, the state Department of Transportation will work to improve traffic incident management with its $740,000.

With $1 million, the Alabama Department of Transportation and Baldwin County will accelerate bridge construction and next beam ultra-high-performance concrete retrofit in an effort to shorten construction time from 14 weeks to six weeks.

Arkansas will use $313,600 for 3D modeling and paperless construction to enhance Global Navigation Satellite System technology throughout engineering and construction project phases.

Colorado’s DOT will use its $800,000 for Snowplow Signal Priority, allowing prioritized treatment for snowplows at traffic lights in order to help traffic flow more easily during snow removal.

In Iowa, the DOT and the city of Dubuque will develop a next-generation traffic control system in order to link 11 different corridors and act as one large integrated system. The state was given nearly $1 million for the project.

The Minnesota DOT will use another $1 million to improve safety and access along Broadway Avenue in Winona. In Michigan, the Department of Transportation will use $1 million to accelerate bridge construction and employ Prefabricated Bridge Elements and Systems (PBES) to decrease traffic delays, currently caused by the construction of its 2nd Avenue Network Arch Superstructure project.

The Illinois Department of Transportation will also use $1 million to implement compacted concrete pavement to improve the surface of Jerseyville’s Hollow Avenue. This concrete differs from standard roller compacted concrete with its high-density asphalt-type paver instead of standard paving. Compacted concrete pavement has a similar surface finish to standard pavement, but will use a tamper screed on its high-density paver. This will compact the road’s surface without the need for roller compaction.

“The grants being awarded today will help advance innovative transportation solutions to improve safety and mobility on America’s roadways,” said FHWA’s Nason.

Cyberattack Risk Continues in Trucking Industry

March 5, 2020 by Levinson and Stefani Leave a Comment

As technology moves forward within the trucking industry, unfortunately, so do cyberattacks.

“Cybersecurity is always a hot-button item,” said American Trucking Associations’ director of Technology and Engineering Policy, Ross Froat. “We’re very adamant about cybersecurity and how we can help our members.”

At last year’s trucking conference, one major discussion topic was ransomware attacks, as trucking companies had notably become a major target for hackers.

Vice President of McLeod Software special projects, Ken Craig, referenced Forbes’ data at the conference, which showed that the transportation industry ranked fifth on the magazine’s list of most cyber-attacked industries.

Omnitracs‘ chief information security officer Sharon Reyonolds also weighed in, saying that often, smaller trucking companies are easy targets for cyber attacks because they tend to have less sophisticated protection software than larger companies. Those bigger companies are still targets when they unintentionally pay hackers high sums to disable their computer systems.

Currently, modern trucks may have upwards of a dozen kinds of computer technology onboard–which allow fleets to improve safety, communication, and shipment tracking.

“There is a lot of communication going on onboard the truck at all times,” said Froat.” How fleets have been adapting to that has been very beneficial to uptime, more freight deliveries, and assurance to shippers and customers”

McLeod’s vice president of marketing and enterprise systems, Mark Cubine, wants carriers to get ahead of malware risks and reiterates that carriers of all sizes should take precautions.

“You have to have knowledge, awareness and education so people don’t take the bait,” he said, in reference to phishing attempts. What is most important, he said, is that “they don’t click on things they shouldn’t or introduce things they shouldn’t–[it’s] just being knowledgeable.”

Because cyberattack threat methods continue to change and adapt, Cubine said companies should also have software backups in place, in addition to recovery systems and continuous malware protections.

“That’s step one,” he explained. The corporate approach, he said, is strengthening passwords and updatating software to prevent hacking from all directions. “Trucking companies often integrate software from various third-party vendors into their systems. That includes everything from electronic logging devices and transportation management systems. It is important to understand where these services are coming from.”

McLeod’s Craig explained at the October panel that thinking ahead is the best way to avoid catastrophic problems. “By the time you get the notice,” he said of computer protection upgrade needs, “you’re in deep yogurt.”

Joseph Saunders, CEO of RunSafe Security Inc., explained that truckers should protect employees’ and customers’ personal information first, and then begin educating their teams about phishing scam threats.

He also said motor carriers should take annual assessments of their systems, apply software patches, and put in place incident response plans.

Trucks use Controller Area Network Systems to communicate from trucks back to company offices, and some individual components relay data on their own. However, the more technology is present, the higher the risk of hacking is for the company.

“Every step that the industry takes in advancing technologies, there’s a parallel step in terms of vulnerabilities and security, and the scariest things that could happen–like terrorist attacks with truck ramming, and things like that,” said Froat. “That’s partially the reason why we developed Fleet CyWatch.”

Fleet CyWatch is a program that gives fleets cyber threat information on risks that could impact their work by monitoring carriers along with private and federal groups, which also work to report internet crimes.

Geotab’s vice president of commercial vehicle solutions, Scott Sutarik, said data security is one of the biggest threats at hand. “It is important that companies understand their ELD and TMS provider’s security policies to ensure that they are not leaving themselves vulnerable by investing in technology that is not secure.”

Froat added that the National Institute of Standards and Technology’s cybersecurity guidelines should be seriously taken into consideration before trucking companies bring in new software.

“Be proactive in the decision to add whatever to [your] network,” he said. “Because, once one of those systems is hacked, your system is hacked.”

Pedestrian Traffic Deaths Are At A Ten Year High – Too Much Screen Time Could Be A Cause

March 2, 2020 by Levinson and Stefani Leave a Comment

A newly published study by the Governor’s Highway Safety Association, a not-for-profit comprised of the highway safety offices of the 50 states, better known as the organization behind the click-it or ticket campaign, is suggesting that pedestrian deaths in motor vehicle incidents are at a ten year high. The numbers seem to match the claim. Incidents of pedestrian deaths in car crashes are up while other traffic deaths are declining. Therefore, the percentage of traffic fatalities involving pedestrians now comprises a larger percentage than before. These are the worst numbers since 1990. 

Bigger Cars Means More Damage

The study links the fact that there are more SUVs on the road now than before as a possible cause of the increase in fatalities. A heavier vehicle has the potential of causing greater damage than a smaller passenger car like a sedan. Pedestrian deaths involving SUVs went up 50% between 2013 and 2017. 

Vehicle trends are definitely changing. People want bigger cars. Automakers are responding in kind, limiting their offerings for smaller cars in the US. For people with families, purchasing a small car or a sedan is an unlikely choice. People also feel safer in bigger cars. The perception is that larger vehicles offer greater crash safety protection. As other categories of motor vehicle crash deaths decrease, it gets harder to argue against that conclusion. 

There Are More Nighttime Crashes Too

The study points to other factors as well. Nighttime crash deaths are increasing. Pedestrian deaths seem to be increasing in numerous categories. When the publishers looked at nighttime vs. daytime fatalities, instances at night were up 45% from 2008 to 2017, whereas daytime instances went up by 11%. 

Any premature loss of life is tragic. Pedestrians and drivers alike would be well served by keeping an eye out for one another as both groups certainly have the right to travel using surface streets. It’s common sense that anyone who goes anywhere should try and take proper safety precautions. However, the study also looks at population growth as a factor contributing to these alarming statistics. With increasingly bigger cars and more people in a given town, there could be more opportunities where drivers and people on foot will encounter one another, meaning the more that people proceed with caution when going from place to place, the better. 

We Need to Pay Attention to Distracted Driving

One more possible factor contributing to this increase in pedestrian traffic deaths is people not paying attention to the road or where they are going. We certainly have an increasing number of big cars out on the road, but we also have more electronic devices. Screen time has significantly increased since 2008. 

Consumers were first introduced to the iPhone in June of 2007. Since then, the image of a person with their eyes glued to a tiny screen has become ever present. If you ever look around at the drivers next to you when you’re stopped at a red light, unfortunately, it won’t be uncommon for one of those people to be holding up a smartphone.

The evidence against allowing drivers to use handheld electronics is mounting. Illinois, among other states, has passed stricter rules regarding the use of mobile devices behind the wheel. Some researchers have equated using a smartphone while driving as similar to being drunk and getting behind the wheel. Both have been shown to slow down reaction times and decrease our ability to focus on what’s going on outside our windshields. Just think of your own experiences. If you have ever missed a turn because you were having a conversation with a passenger, imagine how poorly you drive trying to send a text message. 

The one thing we all have control over is the use of our phones. Whether you are a pedestrian or a driver, there can be no debate – if you’re looking at a screen, you are not looking where you are going. If you need to check your phone, the best thing to do is go to a safe place. If you’re driving, find a safe place to pull over. If you’re walking, find a safe place to stop. When it comes to injuries or death, none should be the result of smartphone distraction. 

  • « Go to Previous Page
  • Page 1
  • Interim pages omitted …
  • Page 70
  • Page 71
  • Page 72
  • Page 73
  • Page 74
  • Interim pages omitted …
  • Page 128
  • Go to Next Page »

Levinson and Stefani Injury Lawyers in Chicago / Attorney Advertising