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Data Suggests “Micromobility” May Alleviate Traffic Congestion; Serious Questions Linger Regarding Safety

September 25, 2019 by Levinson and Stefani Leave a Comment

A new report released by INRIX, a data analysis company that helps power the likes of Google Maps and Waze, suggests that Chicago may be one of the top cities to support “micromobility.” Many may be asking what “micromobility” even means, and for good reason. INRIX has actually coined the term and uses it to define modes of transportation, such as shared bikes, e-bikes, and e-scooters. The data company’s belief is that through the use and support of micromobility, cities may find a lot of potential in curbing traffic congestion in a cost effective and environmentally friendly way.

Supporting this idea and belief is data based on 50 million vehicles throughout the most congested cities in the United States, which found that 48% of all car trips are less than three miles long. INRIX’s belief is that this commuting length of less than three miles is precisely where micromobility can make a change on cities throughout the United States.

In using this initial data, INRIX then turned to cities throughout the States to see where they had the most potential. In doing so, the company found that Honolulu, New Orleans, Nashville, and Chicago rounded out the top 4 of the group. It was found that 22% of Chicagoans driving was to go no further than a mile, while 17% of trips were for 1-2-mile trips, and only 12% of trips were 2-3 miles in length.

At first, this data appeared to speak for itself. Not only does it suggest the long-held belief that the more we commute through public transportation or via alternative means other than automobiles, the better traffic and congestion will be, but that there are endless amounts of data to support such a notion. However, a closer look reveals several questions that must be answered. How does city landscape and terrain affect the potential for successful micromobility options? How does a city properly fund maintaining and regulating such options? And most importantly, how do cities keep their residents safe? The latter being the most pressing concern amid a push for increased transportation.  

While the data presented may paint a picture that this is a common sense move that more cities need to continue adopting and build around, the reality is that establishing infrastructure such as this is incredibly dangerous. The argument can easily be made that driving a vehicle is just as dangerous, but as we have continuously covered since the adoption of these scooter programs, riders are not gaining insurance coverage, placing them in horrible situations if they are ever seriously injured. Those extra minutes of sitting in traffic are worth it, if it means you aren’t running the risk of being injured because the city has not properly provided the necessary safety precautions. And that is precisely what the issue is today. As this data from INRIX suggests that cities like Chicago and Nashville are in great positions to adopt micromobility programs and implement them, it doesn’t really factor in safety or landscape into its decision making.

Cities Come in all Shapes and Sizes

Having lived in Nashville, the argument is pretty easy to make that a city with a crumbling public transportation system, with the inability to properly establish bike lanes, should probably not be the poster child for a micromobility platform. This is not to say that Nashville has issues that cannot be resolved, but there is so much more that needs to be addressed before a city can adopt transportation platforms like INRIX proposes. Take away infrastructure concerns for a moment and look to the overarching safety concerns. Nashville actually tested its own scooter program a year ago and quickly shut it down as a man was tragically killed.

Incidents such as the one that occurred in Nashville are happening all over the place. In Chicago, we also have had our share of incidents that have really made city officials pause and analyze if the pilot program is worth it. Not only are these topics that need to seriously be addressed before programs adopting micromobility can be fully adopted, but for us, it really comes down to protection for riders. While city regulations and safety ordinances help establish rules of the road for micromobility users, none of that matters if the person riding is unable to have his medical bills paid for due to the scooter or bike-sharing company failing to provide any sort of adequate coverage. This is a serious issue that needs to be addressed before cities even consider putting more people on the roads.

Although, we have serious reservations regarding any sort of implementation of these programs before coverage is provided for users, INRIX has provided its own Road Rules program that is meant to help cities navigate safe and efficient means to alleviate traffic congestion. Information such as this can be used to inform cities what is necessary to make micromobility a real factor throughout the States. The more information available for our city officials, the higher our safety standards for the place we call home should be.

Self-Driving Trucks to be Tested on Virginia Roads

September 23, 2019 by Levinson and Stefani Leave a Comment

VIRGINIA – In a partnership with Torc Robotics, Daimler Trucks will now be testing highly automated, heavy-duty trucks across highways in Virginia.

According to a September 9th press release, the two companies said they are currently actively developing and testing these trucks with SAE Level 4 intent technology on public routes in southwest Virginia, where Torc Robotics headquarters are located.

After months of testing and safety validation on closed-loop tracks, these public test runs of self-driving trucks will require an overseeing engineer and a highly-trained safety driver–who must hold commercial driver’s licenses and be specially trained in both vehicle dynamics and automated systems.

“We understand the needs of the industry,” Martin Daum, Member of the Board of Management of Daimler AG, said in the release. “Bringing Level 4 trucks to the public roads is a major step toward our goal to deliver reliable and safe trucks for the benefits of our customers, our economy and society.”

This announcement comes just months after Daimler agreed to acquire a majority stake in Torc–deeming Torc Robotics an official part of the new Autonomous Technology Group of Daimler Trucks, and allowing for these innovations.

Now, the truck manufacturer is consolidating its activities regarding automated driving globally–including within Torc’s locations in Blacksburg, Virginia as well as in Portland, Oregon and Stuttgart, Germany.

The Level 4 automated driving capabilities will allow trucks to drive themselves without needing a driver to monitor or engage–in certain conditions.

Torc’s system for automated driving, called ‘Asimov,’ has been tested throughout urban and long-distance routes in all weather conditions–including, rain, snow and fog.

“Our whole team is thrilled to be working alongside our Daimler colleagues as we pursue the commercialization of Level 4 trucks to bring this technology to the market,” said Torc Robotics CEO Michael Fleming. “We strongly believe it can save lives.”

The goal for these automated trucks is to eventually be able to haul freight on open highways between hubs.

The Level 4 test trucks are Freightliner Cascadia models complete with Torc’s self-driving capabilities, lidar sensors, cameras, and radar. During the tests, they will also pull weighted trailers to simulate carrying a load.

Daimler Trucks North America (DTNA) plans to evolve automated driving technology and vehicle integration for heavy-duty trucks. It is currently working on a truck chassis for automated driving, “particularly the redundancy of systems needed to provide reliability and safety,” the release stated.

DTNA will also be building an infrastructure to support Level 4 testing–which will include a control center and logistic hubs, located along high-density freight corridors where customers can operate near interstates and highways.

While Daimler continues with Level 4 automated driving, it will continue the process of integrating Level 2 technology, which aims to automate both lateral and longitudinal control while still requiring driver engagement.

DTNA will also continue offering active steering capabilities through its Detroit Assurance safety tech and Active Lane Assist by including automatic lane-centering and lane-departure protection features. This safety tech is projected to become more widely available early next year.

“As we pair Daimler’s expertise in building safe and reliable trucks with Torc’s genius in engineering Level 4 vehicles, we have no doubt we will do great things in the future,” said Daimler president and CEO Roger Nielsen. “We look forward to writing history together. The U.S. highways are the perfect place to develop automated technology.”

With the number of trucks on the road consistently growing but fewer people entering the profession, truck-driving continues to be stressful and often monotonous. “There is a long-term need to rethink,” Daimler says on its website. “Firstly, in order to increase the safety of all road users through the use of intelligent technologies. Secondly, in order to take pressure off the drivers and make their job more attractive by assigning them other tasks. Last but not least, the total cost of ownership (TCO) plays an important role in the transport industry.” Daimler claims the high degree of automation further lowers the TCO.

These public road tests are a significant step in Daimler Trucks’ 570 million dollar investment to bring highly automated trucks to global roads within a decade. Daimler says in this effort, it will be following its three most important beliefs: that “safety has absolute priority; everything must be 100% reliable,” that it must continue to develop “products together with its customers,” and that “a clear and legal regulatory framework for operation and liability is needed.”

Chicago Police Begin New Campaign to Catch More Drunk Drivers

September 20, 2019 by Levinson and Stefani Leave a Comment

CHICAGO – Local police departments are cracking down on drunk driving in a new safety campaign.

Mothers Against Drunk Driving (MADD) is pairing up with local police to launch “Saturation Saturday,” a campaign implementing increased DUI control and sobriety checkpoints in Chicago and across the entire United States.

ABC 7 Chicago recently shared the story of Lisa Pruett, who lost her daughter Olivia Cooper to drunk driving almost 12 years ago. Cooper was only 21.

“Olivia was the offender,” Pruett said of the January 2008 accident. “She became her own victim of a drunk driving crash.”

Pruett aims for her story to make drivers think twice about getting behind the wheel after drinking.

“Every DUI arrest we make can save someone’s life,” Illinois State Police Lt. Col. David Byrd told ABC 7. “We do this every night. These officers are out there every night patrolling.”

On September 5th, The Chicago Police Department released a statement explaining its findings in its DUI Saturation Patrol in Englewood over August 31st and September 1st, issuing one DUI arrest, seven Unsafe Vehicle Violation arrests, and 13 Traffic Violation arrests, to name a few. In the Gresham District Saturation Patrol conducted August 23rd and 24th, CPD also made one DUI arrest, along with 14 arrests for Unsafe Vehicle Violations and 19 for Traffic Violations.

“The purpose of this program is to saturate a pre-designated area with roving police officers that continually monitor vehicular traffic for signs of impaired driving,” CPD said in the statement. Patrols place emphasis not only on alcohol-related violations, but on safety belt and speed violations as well.

CPD also says the Breath Alcohol Testing Mobile Unit may be deployed in future saturation plans in order for officers to more quickly charge someone with a DUI before taking them into custody. This unit also issues Individual Recognizance Bonds at the site of patrol.

These “Saturation Saturdays,” which will continue throughout Chicago and its surrounding neighborhoods, serve as an important reminder for drivers not to get behind the wheel after drinking under any circumstances, even if they think they feel fine. The strategies of preventing drunk driving (proven effective by the National Highway Traffic Safety Administration) to keep in mind include:

–Zero tolerance laws–it is illegal to drive with any amount of alcohol in your system if you are under 21 years of age.

-A blood alcohol content measured at or above 0.08 percent is illegal, and may result in a DUI.

–License revocation or suspension laws allow police to take away the license of someone testing at or above the legal BAC limit who refuses testing.

The Los Angeles Times, along with Alcohol Problems and Solutions, also have some tips on how to spot and avoid drunk drivers on the road–and what to do if you see one:

Warning signs:

-Unusually wide turns 

-Weaving or swerving

-Straddling the lane marker

-Tailgating

-Sudden stops

-Abrupt turns

-No headlights at night

-Drifting

-Slow responses

-Driving in the wrong direction

What not to do: 

-Attempt to stop the vehicle

-Disregard traffic signals or laws to keep the driver in your view

-Try to follow the vehicle if it is speeding or if there are any other hazards

-Follow the impaired driver closely–the car may stop suddenly

-Attempt to detain the drunk driver if he or she does stop

-Act in the capacity of police or safety official unless you are authorized to do so

-Try to assist any law enforcement while they apprehend a drunk driver (unless requested)

What to do:

-Maintain a safe distance–a drunk driver may swerve into you.

-If a drunk driver is behind you, pull over or turn right when safe so he or she can pass.

-If the driver is coming head on, move onto the shoulder, stop, and use your horn and/or lights to get his or her attention.

-When approaching an intersection at night, slow down and be alert for the unexpected.

-Use your seat belt properly and keep doors locked.

-Use four-lane highways and avoid rural roads when possible.

-Avoid travel after midnight (especially on weekends).

-Of course, never drink and drive, and serve as a designated driver when possible.

Additionally, you can help police by dialing 911 or *SP on your cell phone (as soon as it is safe to do so), saying you’d like to report a suspected drunk driver, giving the exact location of the vehicle, and providing as complete a description as possible–make, model and color of vehicle as well as the license plate number.

Tips for Driving in Stormy and Inclement Weather

September 17, 2019 by Levinson and Stefani Leave a Comment

As Hurricane Dorian begins to make its way into the southeast coast–after causing significant damage to homes and infrastructure in the Bahamas last Tuesday–The Federal Motor Carrier Safety Administration has issued an emergency declaration for the states laying in the rest of the hurricane’s path.

The FMCSA is offering regulatory waivers to motor carriers participating in relief efforts in states and territories such as Alabama, Florida, Mississippi, Tennessee and Puerto Rico. Dorian has reached a maximum sustained windspeed of 110 miles per hour, hitting the North Carolina coast Friday morning along with heavy rain.

Although the hurricane’s effects are not forecast to hit us here in Illinois, it may be possible we’ll get heavier wind and rain than is usual for this time of year. Not to mention, we all know we see our fair share of inclement and stormy weather, especially as we head into the fall and winter seasons.

Because of this, Online Drivers Ed has some helpful tips on how to stay safely driving on the roads should weather such as this occur–because “any type of severe weather can significantly increase a driver’s risk of an accident.” As you try to avoid a storm, so do all other drivers on the road, so extra caution is vital in all regards.

Strong winds can push vehicles off the road while blowing debris, trees, or even power lines in their way. Heavy rains can also make roads excessively slippery and reduce visibility.

So, how do you stay on the road safely if you do have to drive?

Driving in stormy weather:

Thunderstorms and severe weather can make for a very turbulent ride. If you must be on the road, follow these guidelines.

-Get rid of distractions–Don’t talk on the phone, text, or play music. You need to give driving conditions your full attention; however, it may be helpful to listen to storm updates via radio.

-Stay home–Try and wait for as much of the bad weather to clear as possible before leaving the house.

-Pull over–Consider pulling over if you can’t see more than a few yards ahead of you, if there is hail, or if you feel unsafe.

Driving in heavy winds:

Although you may not realize you should take precautions in windy weather, winds can cause injuries and accidents, especially in wide open spaces–like stretches of highway, on overpasses, and in tunnels.

-Anticipate wind gusts–Be cautious when driving somewhere prone to stronger winds, or when strong winds are forecast.

-Look out for larger vehicles–Tractor-trailers and recreational vehicles are particularly susceptible to heavy winds, so stay aware of those having trouble keeping in their lanes.

-Keep wheel firmly in your grasp–Wind can cause your vehicle to veer right or left, but you can maintain better control by keeping both hands on the wheel to steer. Be extra cautious if you’re driving a truck or large vehicle.

Driving in heavy rain:

Heavy rain reduces visibility for drivers, and gives cars and trucks an increased risk for hydroplaning–which can cause fatal accidents. Steering and braking can be especially difficult in these conditions, and cause you to lose control of your vehicle.

-Take your time–Slowing down may help you prevent hydroplaning.

-Avoid driving at beginning of rainfall–Oils from cars and trucks cause slick conditions right when rain starts.

-Turn headlights on–This will help other vehicles see you, and is even the law in many states during any kind of rainfall.

-Give other cars more space–Add a few extra seconds of following time to give yourself more time to react if needed.

Additionally, The National Safety Council suggests you perform routine maintenance ahead of time, before bad weather shows up:

-Tires expand in summer heat and then deflate when air cools. Make sure all tires are inflated properly, regularly rotated and have enough tread to work safely in suboptimal road conditions.

-Make sure windshield wiper fluid reservoirs are filled.

-Check air, fuel, cabin, and PCV filters more often when conditions are dusty or air quality is low.

-Have battery life checked by a professional.

-Ensure lights are clean and bulbs are replaced once burnt out.

-Examine exhaust system for leaks and floorboards for small holes.

It’s important to take time to understand how bad weather affects driving skills. Check forecasts before you hit the road, make sure your car is maintained and can operate properly, stay cautious and alert in any kind of inclement weather, and keep off the road in these conditions when possible.

Academy of Truck Accident Attorneys (ATAA) Annual Symposium

September 17, 2019 by Levinson and Stefani Leave a Comment

Ken Levinson Speaking at Academy of Truck Accident Attorneys (ATAA) Annual Symposium 2019

We believe that everyone deserves justice. It’s why we do what we do. In addition to helping our own clients pursue justice, we are committed to helping other attorneys provide the best representation possible for their clients too. In living up to this value, Ken recently had the privilege of speaking to some excellent attorneys at the Academy of Truck Accident Attorneys (ATAA) 2019 Annual Symposium.

Over 350 truck crash injury lawyers attended the program. Ken spoke on the following topics:

Ken Levinson Speaking at AATA 2019

Unique Issues When Representing The Truck Driver Plaintiff

Many people may be under the impression that our firm dislikes truck drivers. It’s actually the opposite. We understand the tremendous demands that are forced upon over the road truckers. In fact, many of our cases involve truck drivers who are seriously injured or killed by operators who are placed on the road by unsafe trucking companies who fail to properly train their employees. Oftentimes, unsavory companies skirt safety measures so they can undercut their prices. This places responsible truck drivers and the rest of us at risk.

And most of the time, the only thing that can take a truck off the road is another tractor trailer. Passenger cars can be akin to a speed bump to an 80,000 pound tractor trailer. We’ve learned many lessons helping truck drivers and their families. We are always honored to share our knowledge with other truck crash lawyers.

Ken Levinson Speaking at AATA 2019

Utilizing Focus Groups In A Truck Crash Case

Focus groups are a powerful tool in helping truck crash survivors obtain justice. Ken offered advice on the logistics of setting up a focus group and covered issues of participant recruitment, location, time, forms, and more. Lawyers and their staffs can greatly enhance their chances of a fair recovery for their clients by conducting focus groups. We highly recommend testing theories and important facts of a case with non lawyer focus group participants to see if you’re on the right track. We usually find that focus group members add tremendous insights in your trial preparation.

Second Listening Session for Hours-of-Service Proposal

September 7, 2019 by Levinson and Stefani Leave a Comment

WASHINGTON – On September 17th, the Federal Motor Carrier Safety Administration will hold a second listening session regarding changes to its hours-of-service rules for commercial drivers.

In the original August 23rd session in Dallas, commercial drivers suggested they be given new flexibility in their mandatory 30-minute rest breaks, and be allowed to split their 10-hour off-duty time in sleeper berths into an eight hour period of rest and two hours of non-driving.

The new proposal suggests drivers be able to break that time up into a 6-4 or 5-5 hour split–arguing that drivers should be able to decide how they use their non-working time, and that this be made clear in the new regulation.

It isn’t all about how to divide rest time, though: this proposed flexibility would also extend duty time for drivers working in inclement weather by two hours, as well as lengthen the maximum on-duty period from 12 to 14 hours and the distance limit from 100 air miles to 150.

Candace Marley, and independent contractor and company driver, said at the session that she believes 30 minutes is longer than needed for a break, explaining she favors shorter breaks more frequently. “Let’s encourage more movement throughout the day,” she plead. 

ABF Freight System driver, Steve Smalley, said drivers making pickups and deliveries in urban areas need to drive more often, and explained that the mandatory 30-minute break “restricts [drivers].” 

However, some are concerned the proposal’s definition of adverse conditions (e.g., severe weather) is not clear enough and that drivers may abuse the flexibility. 

Riky Von Honaker, TX Loadrunners’ director of risk management, said he agrees drivers should make their own decisions, but worries some may want to use the review factor “for anything and everything.” He explained that a forecasted hurricane should not be considered an adverse condition, insinuating drivers may abuse the rule with such excuses to add more driving time to their routes.

During an early June roadcheck across the U.S. and Canada, 2,874 drivers were placed out of service for driver-related issues–over 37 percent of those were “Hours of Service” violations.

These new proposals come from the Trump Administration and trucking lobbyists’ beliefs surrounding regulation becoming too strict in regards to poor weather, heavy traffic, and drivers’ abilities to complete deliveries promptly.

Upon softening of these rules, truck drivers will not only need to stay on the road for hours longer, but safety measures will fall onto self-regulation by drivers themselves.

FMCSA Administrator Raymond Martinez said during a telephone news conference last month that these changes are meant to allow drivers to manage challenges in their day-to-day responsibilities on their own. “They need some level of flexibility that allows them to work around,” he said. “Many of them felt they were racing the clock with those AOBRDs or ELDs.” He explains that this proposal will hopefully put more power back into drivers’ hands and allow them “to make smart decisions with regard to safety.”

The question remains, though, is the ability to choose less sleep and longer driving hours better for drivers, or will it just increase potential transport revenue? Will drivers allow themselves sufficient rest? Will they use the review factor just to add more hours onto their timesheets, thus driving even longer with possibly fewer hours of sleep?

Although breaktime flexibility is understandable, there isn’t a way to ensure drivers will be getting the rest they need to drive safely and alertly with lenient non-driving period regulation.

After PBS found in July that 60 truckers involved in fatal crashes in 2017 were either asleep or extremely fatigued, these changes don’t appear as if they’ll make a positive impact. When the effects of exhaustion are this serious and common, extending hours seems to be the last thing commercial drivers need.

General President of the International Brotherhood of Teamsters, Jim Hoffa, opposed the changes in an August 14th press release. He expressed that the labor union has “serious concerns,” and that “the FMCSA is abandoning safety and allowing drivers to push themselves to the limit even further.”

Martinez admits this proposed flexibility will not be a cure-all for safety concerns in the trucking industry, but believes they will improve overall safety. He urges participants to submit their views and research–on both what they like and dislike about the proposal. 

He also says he can’t predict how long it will take to analyze stakeholder comments and decide on a final rule, but currently believes they are ahead of schedule. “Don’t give up because of the length of this process,” he urges.

Those interested in the FMCSA’s Notice of Proposed Rulemaking can present their comments at the September 17th session at the U.S. Department of Transportation in Washington, which will stream online for remote participation as well.

Public comment is set to close October 7th; American Trucking Associations and the Commercial Vehicle Safety Alliance are asking for a 30-day extension on this period. Submit thoughts on Hours-of-Service regulation changes to the Federal Register Docket here.

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