public safety

Why Truckers Ignoring Hour Limitations Is a Serious Problem

February 16, 2015 by Levinson and Stefani Leave a Comment

It’s a problem that’s rumbled its way to the top of local and federal totem poles, generating substantial controversy along the way.

Commercial truck drivers continue to stretch their limitations, according to findings by WFIR 23 in Rockford, IL, which earlier reported that operators of large rigs knowingly neglect the industry-mandated (and federally mandated) restrictions on driving hours to A) make up for lost time B) lessen the pressure of a deadline and/or C) make extra money by logging more miles. Because truck drivers are often paid by the mile, they have incentive to drive as much as possible to increase earnings.

The benefits of breaking the law and going over hours, however, definitely do not outweigh the costs. When truck drivers are driving while over-hours, they drive exhausted, rushed, or both. Think about a semi truck like the one pictured above, pushing down the freeway, say 5 pm in the winter – it’s dark out, and the driver’s been on the road for hours, but he knows he has another hundred miles to his destination. Big rigs are hard enough to control as is; and hoping the tired, hungry, hurried, distracted driver is able to stop the truck to avoid a collision is not a situation you want to find yourself in, ever. Do you feel safe with these drivers on the road?

In this case, the troublesome trend of driving while over-hours is made even more troublesome by virtue of its clandestine nature. WFIR points out that the Illinois State Police dedicates a group of officers to keeping drivers in check by monitoring food and gas receipts and driving logs. The problem: Not everyone tells the truth.

One Rockford officer said he’s come across instances in which drivers keep two separate logs: one for the official books and one to present to law enforcement upon inspection. Hundreds—if not thousands—of drivers, the report continues, forge time sheets to make it appear as though they’re within the legal limit. Between January and September of 2014 in the state of Illinois, more than a 1,000 truckers were caught driving too long without taking a break.

The F ederal Motor Carrier and Safety Administration, which allows drivers to work a maximum 11-hour driving day following 10 consecutive hours off the road, recognizes the risks facing the public. The Center for Disease Control and Prevention has compared long stints of driver fatigue to drinking and driving; Bloomberg, in a December article that detailed provisions of the new fiscal budget (which includes a rollback of mandated hour regulations for truckers), wrote that truck crashes resulted in 3,912 deaths in 2012, and that the fatal-crash rate has increased each year since 2009.

As a law firm that represents truck crash injury victims, it’s hard not to cringe when we read statistics like the ones above.

In December of 2011, the FMCSA announced efforts to curb driver fatigue by augmenting provisions to the already-lengthy rules. The agency identified chronic fatigue as leading cause of injury among drivers, a result of long daily and weekly hours. At the time of the new regulations, the agency estimated that the new safety regulations would save 19 lives and prevent 1,400 crashes and 560 injuries annually.

Driver fatigue has since become the basis for several proposals, most prominently one that would incorporate e-logs as a means of monitoring drivers’ hours more closely. But one doesn’t need to look far to find opposition. Lobbyists for the trucking industry insist that long hours is the nature of the business, and as it stands, an 80-year-old pay system rewards truckers by the mile, giving truckers incentive to stay on the road for longer stretches of time.

The controversy, it seems, will rage on, but we will keep fighting against those who play fast and loose with rules designed – and proven – to keep the public safe.

Advocates Aim for Stricter Requirements for Commercial Drivers

January 29, 2015 by Levinson and Stefani Leave a Comment

For years, the Federal Motor Carrier Safety Administration has faced a bevy of criticism for failing to institute stricter training requirements for operators of large commercial trucks. That criticism has turned into action, according to the New York Times, which reports that safety advocates and at least one labor union has filed suit in federal court over FMCSA’s lack of progress. It seems it was only a matter of time.

In a span of ten years, says the Times, Congress has twice ordered the FMCSA make changes to its training measures, only to see the FMCSA bypass the requisite deadlines. The federal organization has made incremental improvements over the last decade, but not enough to satisfy a growing contingent of safety groups and those who say the FMCSA’s so-called improvements are akin to a running joke. Currently the FMCSA requires a minimum of ten hours in the classroom and a driving test before allowing drivers with big rigs onto the road, only after the “relatively simple process” of filing for a commercial license.

That doesn’t satisfy people like Henry Jansy, general counsel at Advocates for Highway and Auto Safety, who took a harsh line with the FMCSA, saying “There’s just no excuse anymore. This should be basic stuff. People are dying because of the lack of training out there.”

Making matters worse for the FMCSA is the rising number of fatalities related to large commercial trucks. The Times points out that traffic related fatalities have reached a new low, however accidents involving large trucks have steadily increased; fatalities are up by four percent and serious injuries up by 18 percent since 2012. Based on data from the Transportation Department, an additional 200,000 accidents with large trucks caused damage but no injuries.

The Illinois Department of Transportation (IDOT) reports that Illinois tractor-trailer accidents account for nearly 11% of traffic deaths over the last five years. In 2005, Illinois eighteen-wheeler accidents caused a little more than 200 of the nearly 2000 total traffic fatalities.

Some safety points to note from the IDOT:

In Illinois, fatal crashes between trucks and other vehicles most often occur:

On Tuesday through Friday, between 11:00 a.m. and 5:00 p.m., when the weather is clear and the road is dry
Due to speed or improper lane use
When the truck driver is between 28-43 years old and the driver of the other vehicle is between 20-30 years old
When the driver (of the truck OR the other vehicle) has fallen asleep or has been drinking

Avoid these four blind spots when driving near or around a large vehicle:

Don’t return to the driving lane until you can see the entire front of the truck in your rearview mirror
If you can’t see one of the truck drivers’ side mirrors, he or she can’t see you either
If you can’t see the truck driver in one of your side mirrors, he or she can’t see you
Don’t enter the area between the curb or shoulder and the truck if the truck is signaling a turn

Additional safety points:

Some other safety information to be aware of when you encounter larger vehicles on the road include things like weight difference, the risk of underride and override, stopping distance, and “splash and spray.”

Reviewing and remembering these basic principles can help keep you safe on the road, and prevent the unexpected.

It’s National Bus Safety Week

October 20, 2014 by Levinson and Stefani Leave a Comment

School Bus Safety Week — Flickr user bsabarnowl

It’s the busiest and most anxious time of the year for the National Highway Traffic Safety Administration. As fall begins and droves of students begin their daily morning rituals, the NHTSA is gearing up for a long scholastic season of bright yellow buses and big red Stop signs. It all leads to National School Bus Safety Week 2014, a national public education program designed to promote school bus safety around the country, promoting the theme “At my Stop, you Stop!” October 20-24.

Consider these facts: Nearly 24 million students ride the bus each year, keeping nearly 17.3 million cars off the road, according to the NHTSA. In 2009, the National Safety Council estimated that the national school bus accident rate was 0.01 per 100 million miles traveled, compared to 0.04 for trains, 0.06 for commercial aviation and 0.96 for other passenger vehicles. If you’re skeptical of those dated numbers, the NHTSA has good news: The bus continues to be the safest mode of transportation for students traveling to school in 2014.

But also consider this: Studies have shown that getting on and off remains the most dangerous aspect of bus safety. It’s an overlooked fact. It’s also one of the most emphasized facts during Bus Safety Week, which also involves a national poster contest (students create posters based on a designated theme, encouraging youngsters to actively take part in the program).

National School Bus Safety Week dates back to 1970 when Californian Dick Fischer, a former school district transportation director, established a national committee on bus safety. Since then, in a coordinated effort by the National School Transportation Association and the National Association for Pupil Transportation, the annual public awareness program has generated awareness among parents and students about staying safe around the bus for more than 40 years.

We recently doled out tips and best practices for parents in preparation for back to school week, one of which included a tip about bus safety. If you’re like the majority of parents, you’re doing due diligence to make sure your child is well aware of his or her surroundings. In this case, however, school transportation and safety is a two-way street.

Below is a list of best practices directly from the NHTSA and our friends at Safe Kids Worldwide, good for both you and your child to review throughout the school year.

For kids:

Never walk behind the bus

Wait till it comes to a complete stop before boarding

Arrive at your stop at least ten minutes early, so as to avoid rushing

Stay away from the danger zone around the bus. Buckle Up Illinois defines the danger zone as the 10-foot area on all sides of the bus where children are in the most danger of being hit. They suggest taking five giant steps away from the bus before crossing so that the driver can see them.

Wait until the bus is completely stopped, and watch for the driver’s signal before boarding the bus.

Look left and right before boarding to make sure the road is clear, especially if the bus has stopped away from the curb.

Listen to the bus driver, teacher or any other adult who is in charge on the bus. They will signal when it is safe to get out of your seats and when to get on and off the bus. They also will give instructions in an emergency.

For parents:

Walk with your kids to the bus stop and wait with them until it arrives. Tell kids to stand at least three giant steps back from the curb as the bus approaches and board the bus one at a time.

Teach kids to wait for the bus to come to a complete stop before getting off and never to walk behind the bus.

If your child needs to cross the street after exiting the bus, he or she should take five giant steps in front of the bus, make eye contact with the bus driver and cross when the driver indicates it’s safe. Teach kids to look left, right and left again before crossing the street.

Instruct younger kids to use handrails when boarding or exiting the bus. Be careful of straps or drawstrings that could get caught in the door. If your children drop something, they should tell the bus driver and make sure the bus driver is able to see them before they pick it up.

Drivers should always follow the speed limit and slow down in school zones and near bus stops. Remember to stay alert and look for kids who may be trying to get to or from the school bus.

Slow down and stop if you’re driving near a school bus that is flashing yellow or red lights. This means the bus is either preparing to stop (yellow) or already stopped (red), and children are getting on or off