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Truck Driving: Among Most Dangerous Jobs Again, Danger to Pedestrians, Other Drivers

January 29, 2018 by Levinson and Stefani Leave a Comment

Fatal occupational injuries by event

It seems that almost every year, driving truck is among one of the most dangerous jobs. In fact, most top 10 dangerous job lists include truck driving. While we recognize the difficulties in measuring “dangerousness,” the data pretty much speaks for itself:

Transportation incidents increased from 1,984 in 2014 to 2,054 in 2015. Roadway incidents consistently account for the greatest share of fatal work-related transportation injuries. Of these, 660 fatal injuries, or 32 percent of the total transportation incidents, resulted from a roadway collision with another vehicle.

The U.S. Bureau of Labor Statistics has published a variety of interactive charts relating to fatalities and injuries in the workplace.

A brief review of these charts makes it overwhelmingly clear that transportation fatalities and injuries are a significant problem.

According to The Large Truck Crash Causation Study – Analysis Brief conducted by the Federal Motor Carrier Safety Administration Office of Research and Analysis, three major types of critical events were assigned to large trucks:

  • Running out of the travel lane, either into another lane or off the road (32 percent of the large trucks in the LTCCS sample were assigned this critical event)
  • Vehicle loss of control due to traveling too fast for conditions, cargo shift, vehicle systems failure, poor road conditions, or other reasons (29 percent)
  • Colliding with the rear end of another vehicle in the truck’s travel lane (22 percent).

The following tables shows the critical reasons assigned, by major categories.

The Large Truck Crash Causation Study Analysis Brief Federal Motor Carrier Safety Administration

This table shows associated factors assigned in large truck crashes and their relative risk importance:

The Large Truck Crash Causation Study Analysis Brief Federal Motor Carrier Safety Administration (1)

According to the study:

One-half of the LTCCS crashes involved collisions between a large truck and a passenger vehicle (car, pickup truck, van, or sport utility vehicle). In those crashes, the same associated factors coded most often for the large trucks usually were also coded most often for the passenger vehicles. For both large trucks and passenger vehicles, there was a statistically significant link between the following 10 associated factors (listed in descending order according to how often they were coded for the large truck) and coding of the critical reason:

  1. Interruption of the traffic flow
  2. Unfamiliarity with roadway
  3. Inadequate surveillance
  4. Driving too fast for conditions
  5. Illegal maneuver
  6. Inattention
  7. Fatigue
  8. Illness
  9. False assumption of other road user’s actions
  10. Distraction by object or person inside the vehicle.

While there have been many attempts to try to improve roadway safety, as a society, we seem to keep coming up short. But that doesn’t mean we shouldn’t stop trying.

It’s also worth noting that this isn’t simply a “truck driver problem.” Over the years, our attorneys have come to know many excellent drivers.

However, whatever the reason, too many people are injured every single year by collisions with tractor-trailer trucks, and many of those involve actions or inactions taken by drivers.

The nature of our work gives a window into the lives of the people impacted by collisions with tractor-trailer trucks.

Sadly, too many of the truck cases we work involve circumstances that could have been avoided with more measures taken to prevent some of the critical reasons listed above. In fact, many of the driver-specific critical reasons could be greatly reduced with relatively straightforward solutions.

Until we recognize that these numbers are unacceptable, we should all be thinking about how we can bring more attention to roadway safety and putting pressure on the people who can make changes to make the roads safer for all of us.

Law Practice Tip: Client Feedback Surveys

January 25, 2018 by Ken Levinson Leave a Comment

Customer Experience Concept, Happy Businessman holding digital Tablet with a checked box on Excellent Smiley Face Rating for a Satisfaction Survey

Listening to clients is absolutely essential to delivering remarkable service. One way to get feedback from clients is conducting a client feedback survey. Here are a few ideas for implementing a client feedback survey at your firm.

For the less-than-tech-savvy folks, you can always conduct surveys with good old-fashioned paper and pen. Have a stack of surveys readily available for anyone at the office to hand to a client at the right time. While paper surveys tend to be the easiest to implement, they also require clients’ physical presence at your firm. Depending on your practice, this may prove inconvenient for clients. Of course, you could always send the survey as a .PDF attached to an email. Still, the client will have to complete the survey and return it to you, whether by scanning or mailing. Not ideal.

With a small step toward the future, you can implement some form of online client feedback survey. One of the easiest and most affordable options is Google Forms. If you’re looking for something a little more robust, check out the following:

  • Survey Monky
  • Ask Nicely
  • Jot Form
  • Typeform

Next, you have to consider what you want to ask clients. While you might be inclined to add several questions to a client feedback form, less tends to be more here. After all, you don’t want to annoy your clients. In fact, you may even consider limiting your feedback to a single question. Something like a Net Promoter Score (NPS). While not perfect, an NPS score survey is short and can provide some great insight about how clients perceive your service. An NPS question might be as simple as something like this:

On a scale of 1-10, how likely are you to recommend our practice to a family member or friend?

You might also add an optional paragraph text field prompting clients to leave more open-ended feedback, should they want. With a short survey like this, you’re likely to get more responses than from a longer questionnaire. Further, you can always follow-up based on client feedback to ask more questions later.

Okay, now for the advanced part. For the more savvy types, you can implement a client feedback system that incorporates online review platforms. Put simply, the system should identify a client’s satisfaction level and then prompt happy clients to post a testimonial and notify you about unhappy clients to decide how to respond to them.

While you can roll your own system, here are a few software options that can handle the heavy-lifting for you:

  • GetFiveStars
  • Grade.us
  • Yext Reviews
  • Broadly

No matter how you implement a client satisfaction process, keep in mind that none of this works without providing excellent client service. Design a service-first practice. Use client feedback to learn how to improve. Implement a client satisfaction process to motivate more happy clients to sing your praises online.

In our experience, this has been one of the most effective ways to both improve our service to clients, as well as, get the word out.

If you’ve had experience implementing client feedback systems that you’re willing to share, we’d love to hear from you. Don’t hesitate to add to the comments below.

The Discovery Phase: Anatomy of a Lawsuit Part VI

December 16, 2017 by Levinson and Stefani Leave a Comment

Interrogatories - Wooden 3d rendered letters/message

This blog series aims to give current and potential clients information to help them understand the various stages of a personal injury lawsuit. The first five parts of this blog series have covered hiring an attorney, investigation of your claim, getting treatment, pre-suit negotiations, and filing suit. The next stage in your lawsuit is the discovery phase.

The discovery phase of your lawsuit is just like it sounds, the chance to discover information about the defendant that may be helpful to your case. Generally speaking, there are three types of discovery. The first is called ‘interrogatories’ which is a series of written questions. The second is called ‘document production’ which, as it sounds, are documents you ask the defendant to give you. The last type of discovery is ‘depositions’ which is a series of questions asked under oath of the parties, witnesses, experts and any other individuals that may be helpful to your case.

The first two, interrogatories and document production, are sent to the defendant in writing. The defendant has thirty days (unless they request more time) to send written responses and copies of the documents. Often, the attorneys will disagree over the nature, scope, or subject matter of the questions. When that happens, a Judge will be asked to get involved and make decisions about these disagreements. There can be multiple rounds of written requests sent between the parties.

The last type of discovery, depositions, does not typically happen until both parties are finished exchanging written information and documents. Depositions are taken under oath in the presence of a court reporter. The court reporter is trained to type every word said during the deposition and create a transcript of the entire conversation. The attorney asks the witness a series of questions about nearly all aspects of the case. The purpose of depositions is to give the parties an idea of what will be said during trial.

In a straight forward case with one plaintiff and one defendant, the process usually takes a matter of months. In more complicated cases, or cases with multiple parties, the discovery process can take years.

The discovery phase, while frustrating as a client, is one of the most helpful aspects in getting your case resolved. Negotiating the intricacies of a lawsuit can be difficult. Have a legal question about your case? Call our offices, one of our attorneys will be glad to speak with you.

Trucker Hats Can Save Lives?

November 29, 2017 by Jay Stefani Leave a Comment


Trucker hats went from being a stereotype for truckers to a trendy accessory for the fashion-forward. But now they’re becoming futuristic life-saving technology thanks to the work of Ford and GTB, a Brazilian-based company. Ford’s SafeCap uses accelerometers and gyroscopes to recognize when a trucker might be falling asleep (literally nodding off). When the hat senses this, it triggers vibrations and lights within the hat to alert the driver.

The hat is still being tested and marketed in Brazil, but the hope is to develop it for sales and use in other countries. Driver fatigue is a huge problem when it comes to traffic safety. It’s estimated that 1 in 25 drivers have fallen asleep while driving, with drowsy driving being “responsible for 72,000 crashes, 44,000 injuries, and 800 deaths in 2013” per the NHTSA. As it relates to trucking, fatigue was listed as an “associated factor” in roughly 18,000 truck crashes resulting in injury or death that were studied by the Federal Motor Carrier Safety Administration (FMCSA).

Hats off to Ford for developing a potentially life-saving piece of technology that truckers are likely to wear and use.

Distracted Driving Is About More Than Just Cell Phones

November 28, 2017 by Jay Stefani Leave a Comment

Man texting while driving.

Distracted driving is a problem. Excellent organizations, like EndDD.org, are working hard to raise awareness, including sending people to high school driver’e education classes to tell new teen drivers about the dangers of using their cell phones while driving. I’ve been fortunate enough to speak to several high school classes, and I can say it has been a rewarding and eye-opening experience. I came away impressed by the overwhelming recognition that using a cell phone while driving is dangerous — and many of these teenagers see their own parents doing it on a regular basis. But one significant distraction is being ignored: passengers.

Maureen Salamon recently wrote a great article, “Help distracted teens keep focused on the road,” that shines a light on the top distraction for teen drivers. According to a 2016 AAA Foundation for Traffic Safety study, passengers, not cell phones, were the top distraction for teen drivers. Being a chauffeur-parent, it might be difficult to remember, but there was a time when it was exciting to be able to drive your friends around town. I have many great memories of shuttling friends to movies, games, each other’s houses, all the while laughing and discussing the “important” issues of the day. But an honest recollection of those days also involves moments of near misses due to focus on friends as opposed to the roads and traffic. In fact, many states (including Illinois) limit the number of passengers a teenaged driver can have in the car.

I’ve been helping victims of car crashes for over a dozen years now, and I’ve taken the depositions of over one hundred drivers who injured my clients. In every one of those depositions, I ask if there were passengers in the car. It’s not always a sign of careless driving, sure, but as the studies show, it might be. When we take our cars out on the roads, be sure to focus on avoiding all the potential distractions. This isn’t to say don’t drive with passengers. Be cognizant that your friends or family can pull your attention from the task at hand. And please be sure to monitor any young drivers in your household. Make sure they understand when they are driving, driving safely is the focus.

Lawsuit Anatomy: Filing the Lawsuit

November 27, 2017 by Levinson and Stefani Leave a Comment

Litigation excerpt from dictionary

So far, we’ve covered hiring an attorney, investigation of your claim, getting treatment, and pre-suit negotiations. The next stage in your lawsuit is, well, the lawsuit.

There are multiple reasons your attorney may decide to proceed with a lawsuit. It may be that the at-fault driver’s insurance company is denying the claim, or refusing to compensate you properly for your injuries, or it may be that the statute of limitations is about to expire and your attorney needs to preserve your claim.

So, what is a “lawsuit”? In its most basic form, a lawsuit is a document that lists the people or companies involved in the dispute, the basic facts of the dispute, the legal reason why the other side is to blame, and a request for compensation. Sometimes, this can be accomplished in just a few pages, other lawsuits are quite lengthy.

Once the lawsuit is prepared, it is generally filed in the county where the injury occurred. There is almost always a fee for filing the lawsuit with the Courts. The Clerk of the Court then assigns the lawsuit a case number, and a Judge to oversee the proceedings for the lawsuit. The Clerk of the Court will give the lawsuit an initial court date, and create the summons. A summons is a notification of the lawsuit given to the at-fault party.

The next step is to get the summons delivered to the at-fault party. In many counties, the local sheriff is used to accomplish this, but in special instances, a private investigator or specially assigned person can be used. There are very specific requirements on how the summons must be delivered to the at-fault party to comply with the law.

The last step in getting your lawsuit on file is for the at-fault party to file an ‘Answer’. This document states all the reasons why the at-fault party believes they are not responsible for your injuries, or presents facts that may change who is responsible. With all these moving parts, this process usually takes 90 to 120 days from start to finish.

Negotiating the intricacies of a lawsuit can be difficult. Have a legal question about your case? Call our offices, one of our attorneys will be glad to speak with you.

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