• 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

driver safety

Think Top Safety Scores Mean Safer Cars? Think Again, New Study Says

April 4, 2021 by Levinson and Stefani Leave a Comment

Even while driving in a car with top safety scores, the difference between driving safely and driving just a few miles per hour faster can make crash injuries exponentially worse, according to new research.

A vehicle that is given a score of “good” during crash tests conducted by the Insurance Institute for Highway Safety–a top score in this testing–at 40 miles per hour would likely earn a “poor” rating during an identical test conducted at just 5 miles per hour faster, according to the study. These kinds of tests are typically done at vehicle speeds of around 35 miles per hour and don’t necessarily depict the actual danger of the speed with which drivers typically travel on American roadways.

Still, consumers usually rely on these crash test scores given by either independent or government testing groups when purchasing a vehicle.

Testing cars at higher speeds seems like a viable solution, but that isn’t actually the case, said IIHS spokesperson Joe Young. IIHS, an insurance-funded advocacy and research group, co-authored this study.

“At first glance, increasing crash-test speeds sounds like a good way to improve design, but it actually could have unintended consequences,” explained Young. “Stiffer structures required to perform well at higher speeds might actually make lower-speed crashes more dangerous, since crumple zones wouldn’t engage as well.”

Should roadway speeds be limited to around 40 miles per hour, then? IIHS says ‘no’–crashes need multiple factors coming into play.

“In the real world, you may have time to apply the brakes, or you might strike a vehicle from behind that is moving in the same direction, or you may strike something that weighs less than your vehicle,” said Young. “All of these things impact how much energy is involved in the crash” and its severity.

Still, though, the continuous raising of speed limits in some states cannot go on if roadways are to get safer, Young noted.

“We know that changes to the state speed limit have a direct effect on fatalities, yet states continue to raise them,” he said.

IIHS researchers, the AAA Foundation for Traffic Safety, and crash-test dummy manufacturer Humanetics all collaborated on the study, and tested three 2010 Honda CR-V SUVs, all with similar maintenance histories and mileage counts, at speeds of 40 MPH, 50 MPH, and 55.9 MPH. THE CR-V was given a “good” crash-test rating across multiple categories when initially tested, and was also believed to represent an average American vehicle in regards to size and age. All three of these tests simulated a “moderate overlap” driver’s side crash, replicating what typically happens when a vehicle endures a partial head-on collision with another car or a barrier.

The Honda’s safety structure wasn’t able to adequately absorb impact at higher speeds, and allowed the crash force to reach the dummy in the driver’s seat. Therefore, a driver enduring a crash at 50 miles per hour has a “considerably lower” chance of surviving than one enduring the same crash at 40 miles per hour, according to the test results.

The results showed that the passenger compartment wasn’t deformed during the 40 mile-per-hour impact, and was given a “good” score. At 50 miles per hour, though, the chance of head, neck, and leg injuries increased significantly, giving the vehicle a “poor” score.

Crash results became severe at a hit of 55.9 miles per hour, with the dummy’s legs partially crushed, its head sticking out of the newly-broken window of the driver’s side door, and significant impact to its head from the deployed airbags.

“Designing a car with a good crash protection is a careful balance,” said Jennifer Stockburger, Consumer Reports’ Auto Test Center’s director of operations. Vehicle structures and their crumple zones must be strong enough to protect against passenger space deformation while still being able to deform just enough for the vehicle to absorb some of the energy of impact itself instead of allowing it to be transferred to a driver or passenger. “Speed can alter that balance in a negative way,” she noted.

CR’s safety policy manager, William Wallace, explained that a particular advanced safety system is especially beneficial in crash situations like these. “Automatic emergency braking that works to prevent or mitigate crashes at highway speeds has enormous potential,” he said. “While many of today’s new car models come standard with city-speed AEB, and some come with pedestrian detection, highway-speed AEB is less common. Automakers should keep improving their AEB systems to save lives down the road.”

Additionally, systems including lane departure warning, blind spot monitoring, and forward collision warning are also extremely helpful in helping drivers prevent crashes or in having time to reduce crash speeds, Stockburger added.

“This study shows that speed has a significant effect on the level of injury vehicle occupants may sustain,” she said. “So, even if these systems can’t prevent the crash entirely, if they are successful in prompting an earlier reaction from the driver or vehicle that reduces the speed of the vehicle at the time of impact, they will provide benefits.”

Truck Rear Underride Guards May Be Added to Inspection Checklists

April 4, 2021 by Levinson and Stefani Leave a Comment

Rear impact guards are now likely to be required on the list of annual inspections for motor carriers and roadside inspectors following the Federal Motor Carrier Safety Administration’s new proposed rule amendment.

The recent proposal was published in the Federal Register and could add the checking of truck rear underride guards to the overall commercial motor vehicle inspection process. As of right now, some Commercial Vehicle Safety Alliance inspectors do not give a truck driver a citation if they find a damaged or loose rear guard, although motor carriers are still required to maintain their underride guards properly.

If the regulation change does indeed become a final rule, “then we obviously will inspect [underride guards] as well,” said CVSA executive director, Collin Mooney. “We’ll be taking a closer look at underride guards.”

What has happened up until now regarding underride guard inspections is that the decision to give a citation for a truck driver’s damaged underride guard has been up to the discretion of the inspectors themselves. “But you really don’t want rules to be subjective,” Mooney said. “You want them to be pretty black and white.”

FMCSA reassured that the adjusted requirement won’t have any major effects on the majority of motor carriers, as must trucks and trailers have been required to have underride guards installed–guards that are able withstand the impact of a crash and prevent a passenger vehicle from sliding underneath a truck–since 1952.

Regardless, in a federal government watchdog study conducted in 2019, analysts recommended to federal regulators that they make a serious effort to conduct better research regarding underride guard crashes and share more information in regards to underride accidents with police departments.

“Although reported underride crash fatalities represent a small percentage of total traffic fatalities, they present a greater risk of fatalities or serious injuries,” said the U.S. Government Accountability Office in its April 2019 report.

The study found that 5.4% of all truck involved crash fatalities each year between 2008 and 2017 were underride crashes–coming out to an average of 219 underride-involved crashes each year within that time period.

“While the [federal regulations] have required rear impact guards for more than 65 years, they are not included on the list of components in Appendix G that must be inspected during the annual CMV inspections,” said FMCSA in its proposal. “This means that a vehicle can pass an annual inspection with a missing or damaged rear impact guard.” All vehicle parts that require inspections are identified in the regulatory provision of Appendix G.

Throughout the year of 2017, inspectors within the North American Standard Inspection Program found more than 2,300 rear impact guard or rear end protection-related violations–more than half of these violations cited missing, damaged, or improperly constructed components, according to FMCSA’s Analysis and Information Online data.

The North American Standard Inspection Program inspects vehicles roadside to assess their rear impact guards and rear end protection.

According to FMCSA, rear-end collision fatalities and injuries can be significantly avoided if compliance is ensured by including rear impact guard and rear end protection in regular inspection requirements. The hope is that more attention will be brought to the major safety concern regarding underride guard safety and that vehicles will be checked at least once a year for this new requirement.

“Including rear impact guards and rear end protection in the periodic annual inspection standards will harmonize U.S. regulations with those in Canada and Mexico, which include rear impact guards and rear end protection as part of their annual inspection programs,” said FMCSA in its proposal.

The current lack of annual inspection for rear impact guards has a large effect on the safety of all drivers and negatively impacts FMCSA’s overarching goal to keep American roads safe, concluded GAO in its study.

“Without explicitly including the inspection of the rear guard in Appendix G, there is no assurance that rear guards in operation will be inspected at least annually to ensure they perform as designed to prevent or mitigate an underride crash,” it said.

Annual Roadcheck Campaign Finds Higher Out-of-Service Rates than 2019

March 6, 2021 by Levinson and Stefani Leave a Comment

2020’s Commercial Vehicle Safety Alliance’s International Roadcheck event, which was originally set to take place in May, was postponed due to the COVID-19 pandemic and took place in early September. Now, reports from the three-day event have been released and show a 20.9% rate of overall out-of-service vehicles throughout the continent of North America–an increase from 2019’s rate of 17.9%.

International Roadcheck is an enforcement and inspection initiative taking place over the course of 72 hours and is conducted by CVSA-certified inspectors. These inspectors examine motor vehicles and drivers’ compliance regarding safety and health protocols throughout the United States, Mexico, and Canada.

In 2020, over 50,000 inspections took place, and include the examination of vehicles such as large trucks, non-hazmat cargo tanks, cargo tanks transporting hazardous materials, and passenger vehicles.

Out of the 50,151 inspections done, 26,451 were Level I inspections, 11,224 were Level II, 11,364 were Level III, and 1,112 were Level V.

When releasing the results of the event, CVSA said that the International Roadcheck “highlights the daily work of the more than 13,000 commercial motor vehicle inspectors throughout North America and acknowledges the safety compliance of motor carriers and professional drivers through the issuance of the CVSA decal on eligible vehicles.”

These decals are given to vehicles that are not found to have any critical vehicle inspection item violations following a Level I or Level V inspection. For 2020, 9,303 power units, 3,662 trailers, and 123 passenger vehicles were issued a decal.

During the course of the 45,046 Level I, II, and III inspections that occurred throughout the United States, 7,256 vehicles and 2,365 total drivers were removed from American roadways.

Issues regarding brake systems made up the largest number of out-of-service violations throughout the U.S., a number which comprised over a quarter of all out-of-service vehicle violations. For drivers in particular, hours of service regulation violations were the most common, as these violations made up 32.5% of overall out-of-service driver violations.

Across the continent, the five most common vehicle-related out-of-service violations found upon inspection had to do with tires, lights, cargo securement, brake adjustment, and overall brake systems. The top five for drivers were, of course, hours-of-service violations, as well as wrong class license, suspended license, false logs, and “other” violations–mistakes like cell phone use and moving violations.

“Although the coronavirus pandemic understandably shifted priorities and personnel during the spring, the commercial motor vehicle law enforcement community has reasserted its focus on the roadside inspection program and enforcement duties,” said CVSA President, Sgt. John Samis, at the time the postponement was announced. “Jurisdictions are nearly back to their pre-pandemic capacity with a  strengthened concentration on identifying and removing unfit vehicles and drivers from our roadways using federal safety standards and the out-of-service criteria.”

This is the first year in 32 years that the International Roadcheck event did not occur on schedule. The decision to postpone was “thoroughly and thoughtfully discussed,” according to Samis. “The experience is unprecedented in our modern society, and we all need to do all that we can to help stop the spread of this global pandemic.”

While adhering to strict safety precautions, inspections worked to collect and verify drivers’ documents, identify motor carriers, check records-of-duty statuses, examine driver’s licenses, and carefully check periodic inspection reports.

Inspectors also checked Medical Examiner’s Certificates, daily vehicle inspection reports, and Skill Performance Evaluation Certificates when necessary.

Illness, fatigue, drug or alcohol possession or impairment, and proper seat belt usage were also checked for.

“As we urgently respond to this time-sensitive crisis, we must remain diligent and committed to ensuring that the commercial motor vehicles and drivers providing essential goods and services to our communities are following motor carrier safety regulations,” Samis explained. “Safety doesn’t take a break. It is always our top priority.”

More than 1.7 million roadside inspections have been conducted throughout International Roadcheck events since the beginning of the campaign in 1988. The Federal Motor Carrier Safety Administration, the Canadian Council of Motor Transport Administrators, Transport Canada, Mexico’s National guard, and the Mexico Ministry of Communications and Transportation all participate each year in CVSA’s Roadcheck. 

The next International Roadcheck campaign will take place between May 4th and 6th of 2021, pandemic permitting.

Industry Partnerships Collaborate to Boost Driver Visibility and Safety

February 8, 2021 by Levinson and Stefani Leave a Comment

Industry groups have banded together in efforts to boost trucking safety through a new design challenge, dubbed the ‘Truck of the Future.’

Together for Safer Roads, along with PepsiCo Inc., Republic Services, and Anheuser-Busch InBev are working together to find the most efficient and cost-effective methods of ending big-rig involved crashes. The groups say non-commercial vehicle drivers and passengers are particularly at risk in regards to visibility issues while on the road with heavy-duty trucks.

The timing of this new design challenge comes in honor of the World Day of Remembrance for Road Traffic Victims.

According to safety experts from large fleets gathered by Together for Safer Roads, one of the biggest issues currently at hand for road safety is that of driver visibility. TSR is a global NGO that aims to work with community stakeholders, government officials, and businesses on fleet safety management efforts, technology initiatives, and local projects that will help to prevent traffic crashes and deaths.

TSR also began in alignment with the UN’s Decade of Road Safety and is collaborating with TSR members around the globe. Partners also include groups like AT&T, CalAmp, Geotab, Lyft, Marsh, and Samsara.

“This project is our call to arms regarding an under-appreciated aspect of road safety,” said David Braunstein, president of TSR. “After all, drivers cannot react to what they cannot see or sense. We must make meaningful progress towards the 2030 agenda, and bringing together these influential partners is part of our unique contribution.”

The team effort is looking for startups dedicating efforts to commercially-viable new technology to partner with, and the participating groups say this is the key to finally improving overall driver visibility on roads worldwide.

“There are many interventions that can address driver visibility issues–improved cab designs, collision avoidance systems, and better infrastructure, to name a few,” said PepsiCo’s vice president of global environment, health, and safety, Cormac Gilligan. “PepsiCo is pleased to be a part of a collective solution.”

The group has also partnered with other organizations such as the NYC Department of Citywide Administration Services, UPS Inc., and advisors from prominent truck safety research agencies.

The main goal of the effort is TSR’s intention to reaffirm the groups’ Stockholm Declaration commitment, along with their commitment to the United Nations’ Decade of Action for Road Safety plan, which will continue through 2030.

“At AB InBev, we believe that multi-stakeholder approaches are key to tackling road safety effectively,” said AV InBev global director of safety, Joshua Girard. “The inclusion of our technology incubator in this unique initiative allows us to solve big business challenges with innovation and creativity, all while contributing to the United Nations’ Sustainable Development Goals, and [while] fostering safe communities globally.”

Donald Slager, CEO of Republic Services, agrees, explaining that the company is right to be urging for further innovation within the trucking market and safety initiatives.

“We’re the seventh-largest vocational fleet in the nation,” Slager said. “When you get [to that point], those benefits accrue in large ways because we’ve got 16,000 trucks on the street every day.”

Republic is also consistently looking toward newer technology in order to find ways to keep drivers as safe as possible, according to the company’s vice president of safety, Jim Olson.

“Republic Services operates one of the nation’s largest fleets, and safety is our number one priority,” Olson explained further.  “We are constantly evaluating new technologies to help our drivers stay safe behind the wheel. Over the last decade, there have been significant advances in video and sensor technology. We are excited to be part of the core focus team for the Truck of the Future project and the potential for fleet innovation.”

For the TSR project, the chosen innovative solution provider is set to be announced during a virtual pitch day in December. This innovative solution will be implemented throughout international markets, along with that of the United States, throughout 2021.

The overarching goal of all of these initiatives, according to group members, is for the participants to be able to create steady, lasting, and scalable changes within domestic and international road safety.

Pre- and Post-Trip Truck Inspections Boosted by New Technology

January 17, 2021 by Levinson and Stefani Leave a Comment

Fleets have been utilizing more technology than ever before in efforts to ensure drivers can conduct pre-trip and post-trip inspections properly and submit their findings ahead of schedule. Preventing roadside violations, maintenance issues, and vehicle downtime is vital in a fleet’s overall safety and efficiency.

Technology has also become extraordinarily helpful in boosting driver engagement and awareness during the inspection process.

“On a mechanical side, drivers need to be thorough on their pre- and post-trip [inspections] every single day,” said C.R. England Inc. Compliance Safety Accountability manager, Shana Hatch. “They need to be aware of how the equipment looks and feels and what they see [when] walking past.”

Drivers for C.R. England have a particular method of observing their trucks and making sure everything on their checklists is evaluated properly.

“I tell the drivers, everything on your pre-trip is the same as a Level II inspection, and the majority of violations found on a roadside inspection should have been noticed in a pre-trip if they’re doing a thorough pre-trip,” said Hatch. “Lights are either on or off. There is no in-between.”

For Boyle Transportation, the fleet uses a variety of methods to make sure inspections are done as efficiently as possible.

For example, it utilizes fleet management software Fleetio, which allows drivers to conduct inspections and submit their driver vehicle inspection reports right on the app.

“If [drivers] have a problem, they open the app, enter in what the issue is, and our maintenance department acts on it,” said Lasko, who noted that Fleetio has made communication easier than ever between drivers and maintenance workers.

Fleetio also keeps track of maintenance history for each truck and piece of equipment for truckers to have on file.

“You could then look [at the app] and say, ‘Mike reported two weeks ago [that] this trailer had low tread depth,’ so, right away, you know if there is something that needs attention,” Lasko explained.

Another method of inspection technology includes Zonar Systems’ Electronic Verified Inspection Reporting, which uses RFID and NFC tags on inspection zones throughout a vehicle, which drivers can scan during any inspection for further efficiency.

“Once they electronically sign the inspection, the results are uploaded into Zonar’s secure online portal and can be accessed by fleet managers,” said Zonar’s vice president of safety and compliance, Fred Fakkema.

These kinds of inspections have always been recorded manually and on paper, and sometimes those documents don’t make it to maintenance. Trimble Inc. transportation technology supplier said its technology circumvents that problem by integrating with an inspection’s DVIR process.

“The option of doing [pre- and post-trip inspections] or not doing [them] now that we’ve entered into the ELD (electronic logging device) phase has changed,” said Trimble’s senior solutions engineer, Dave Walters. “When the driver inspection is done, the data goes directly to the shop maintenance system. If there is a defect, the shop has to take some type of action.”

Walters noted that if a critical defect is indeed found, the shop will immediately begin taking action by sending out a vendor or bringing in a driver. If a defect found is noncritical, the system can track it and allow technicians to fix it the next time a truck enters the maintenance shop.

For Southeastern Freight Lines, DVIRs are utilized through Innovative Software Engineering (a company from Trimble), and stored there to comply with Department of Transportation guidelines. Southeastern’s telematics devices input DVIR, allowing drivers to see previous inspection reports and to sign off electronically.

“It also provides the driver the ability on the post-trip to document any issues that he experienced during this assigned scheduled run,” said Southeastern’s director of fleet services, Lee Long.

If any deficiencies are found, they are directly sent to Cetaris, Southeastern’s computerized maintenance software. There, all defects needing to be addressed are listed conveniently.

“It is all electronically handled,” said Long. “Our system provides work due reports that refresh routinely so we can see what has been requested for repair throughout the day.”

Then, requests made by shop, region, or by the entire system can be reviewed easily. The most common requests are “‘pulled in’ to a work order as being the primary reason for repair, and then a standard job is assigned to correct the defect and update the DVIR electronically,” Lee noted.

New Data Show Increase in Big-Rig Occupant Deaths

January 16, 2021 by Levinson and Stefani Leave a Comment

The National Highway Traffic Safety Association has released information on its data collected from the Fatality Analysis Reporting System in 2019. According to the data, the number of big-rig occupants who died in traffic crashes rose in 2019, although overall traffic fatalities declined.

The reporting system, FARS, releases vehicle traffic crash fatal injury data each year to Congress and to the public. The National Center for Statistics and Analysis associate administrator for NHTSA, Choi-Lin Chen, said that the administration’s full analytic report would be made public by the end of 2020.

According to the preview data, there has in fact been a decline in overall traffic fatalities by person, but there was still a 0.2% uptick in truck occupant deaths in all large-truck-related fatalities. There were two more big-rig occupant deaths in 2019 than 2018, even though overall truck crash deaths decreased.

The big rigs in question include both commercial and noncommercial trucks weighing in at over 10,000 pounds.

“The data provided by FARS does not distinguish between commercial and privately-owned trucks, so it is important not to draw conclusions regarding [commercial motor vehicle] crashes,” said a spokesman for the Federal Motor Carrier Safety Administration. “The agency continues to implement important safety initiatives, like the final rule updating the hours-of-service regulations, important research into new assisted technologies for drivers to improve safety, and the implementation of FMCSA’s Drug & Alcohol Clearinghouse.”

2019 saw 36,096 fatalities in traffic crashes, a 2% decrease from 2018’s 36,835. This rate of decline was also seen between 2017 and 2018. Additionally, the number of overall vehicle miles traveled in 2019 rose by almost 1% between 2018 and 2019, while traffic deaths still declined. For 2019, the estimated fatality rate was around 1.10 per 100 million vehicle miles traveled, as compared to 2018’s rate of 1.14 fatalities for the same number.

“Fatalities decreased by 2%, which continues the encouraging three-year downward trend,” said James Owens, NHTSA Deputy Administrator. “That’s very encouraging news.”

NHTSA has also released estimates for traffic crash deaths for the first half of 2020, and stated that the country saw an overall decrease in traffic-related fatalities for the second quarter of the year when stay-at-home orders were implemented. According to FARS data, around 8,870 died in vehicle crashes during the second quarter of the year, down 3.3% from the number of recorded deaths during the same quarter in 2019.

Additionally, estimates show that overall traffic volumes dropped by at least 16% in the first half of 2020, although traffic numbers fell more than the number of fatal crashes. Therefore, the traffic death rate per 100 million vehicle miles traveled during the first six months of the year is estimated to increase to 1.25, up from 2019’s 1.06 from the same period.

Throughout the stretch of the pandemic in 2020, researches saw some major changes in driver behaviors as well, according to companion data released by NHTSA. For example, drivers who did happen to drive at the peak of stay-at-home orders drove with much more recklessness–engaging in dangerous behaviors like failing to wear a seat belt, speeding, or driving under the influence of alcohol or drugs, according to the companion study. Average driving speeds also increased in the second quarter of the year, and fewer people were wearing their seat belts in the event of a crash.

In the second study, data found that nearly two-thirds of drivers involved in serious or fatal traffic crashes between March and July tested positive for at least one active drug.

The number of drivers testing positive for opioids almost doubled after mid-March–the beginning of the pandemic’s effects in America–in comparison to drug levels detected during the six months prior.

“Road safety is always our top priority, and while we are encouraged by today’s reports showing a continued decline in total fatalities in 2019 and into the first half of 2020, we are concerned by the trend since April showing an increased fatality rate,” said Owens. “Now, more than ever, we should be watching ourselves for safe-driving practices and encouraging others to do the same. It’s irresponsible and illegal to drive under the influence of drugs or alcohol–taking risks not only with one’s own life, but with the lives of others.”

NHTSA is meeting with government representatives during the last couple months of the year to find ways to develop and implement countermeasures in order to boost safety efforts.

Still, Owens said these kinds of backwards, dangerous trends are extremely surprising.

“We’ve never seen trends like this,” he said. “We feel an urgency to work with our stakeholders to take action and turn this around. We faced some unprecedented challenges this year, including in traffic safety.”

  • « Go to Previous Page
  • Page 1
  • Interim pages omitted …
  • Page 14
  • Page 15
  • Page 16
  • Page 17
  • Page 18
  • Interim pages omitted …
  • Page 21
  • Go to Next Page »

Levinson and Stefani Injury Lawyers in Chicago / Attorney Advertising