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Truck Accidents

Levinson and Stefani Injury Lawyers’ Founder to Present on Multiple Topics During 2023 Auto Negligence Seminar

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Levinson and Stefani Injury Lawyers’ founding partner, Ken Levinson, will present on multiple topics during the 2023 Maryland Association for Justice’s (“MAJ”) Auto Negligence Seminar: Litigating Auto and Trucking Cases in State and Federal Court.

During Ken’s 1st presentation, “From Crash to Trial: Strategies for Your Truck Cases,” Ken will provide expert guidance and tips for maximizing results on trucking cases. Ken’s final presentation, “Using Focus Groups to Maximize Your Auto and Truck Cases,” will focus on leveraging focus groups to identify case weaknesses and much more.

MAJ’s 2023 Auto Negligence Seminar will take place on Friday, November 10, 2023, in Pikesville, Maryland.

Ken founded his firm in 2014 in order to offer client-first legal representation for victims of personal injury from auto, truck, and bus crashes. Ken is a co- author of Litigating Major Automobile Injury and Death Cases, published by AAJ Press/Thomson-Reuters. Ken holds leadership roles with the American Association for Justice and sits on the Illinois Trial Lawyers Association Board of Managers.

As COVID-19 Brings Clearer Roadways, Vehicle Fatality Numbers Still Climb

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Although many states throughout the nation have been abiding by stay-at-home orders during this time off pandemic–which has created clearer roads and lighter traffic in most areas–the National Safety Council has reported that the overall number of vehicle-related fatalities per miles driven has risen 14% in comparison to the same time frame in 2019.

This March, the number of motor vehicle deaths dropped by 8% compared to March of last year, while the number of miles driven declined by 19%. Still, the number of vehicle-related fatalities has increased, which the National Safety Council analyzed by taking into account deaths of anyone involved in motor vehicle-related accidents–drivers, passengers, cyclists, and pedestrians.

Additionally, the mileage death rate per 100 miles travelled was 1.22 in March 2020 versus 1.07 in March of 2019. Illinois is one of the states with the largest increases in roadway deaths for the first few months of 2020, with an 11% overall increase. Others include Connecticut at 42%, New York at 17%, and Arkansas at 16%.

“Disturbingly, we have open lanes of traffic and an apparent open season on reckless driving,” said president and CEO of NSC, Lorraine M. Martin. “Right now, in the midst of a global pandemic and crisis, we should take it as our civic duty to drive safely. If we won’t do it for ourselves, we should do it for our first responders, our law enforcement, and our healthcare workers, who are rightly focused on coronavirus patients and should not be overwhelmed by preventable car crashes.”

This new data comes as a result of drivers behaving much more recklessly on the roads with the lack of traffic during the pandemic, and regional officials have been reporting upticks in local car crashes in many areas across the nation.

“What really strikes me is the incredible speed of the changes we’re seeing on roadways,” said manager of statistics at the NSC, Ken Kolosh. “Looking at other recessions, what you usually see is a decrease in the number of deaths, or the injuries and fatality rate holding steady or decreasing slightly.”

Kolosh explained that the changes in vehicle-related deaths have been unprecedented and unexpected.

“When we see the combination of both a dramatic decrease in the number of total deaths coupled with a dramatic increase in the fatality rate on our roads, that was very surprising,” he said.

The NSC also says there will need to be more analysis of the death rate increase to determine all factors that must be considered.

“Anecdotal reports indicate speeding, for example, has increased significantly since traffic diminished,” said the organization on its website. “Some states are also moving forward with ill-advised roadway tactics intended to address the COVID-19 pandemic but that could have far-reaching consequences.” Some of these consequences that the NSC listed are relaxing hours-of-service rules for commercial vehicle drivers and repealing requirements for young drivers to pass road tests before obtaining their driver’s licenses.

Additionally, the NSC explains that the 2% increase in roadway deaths in the first three months of 2020, as compared to the same time frame last year, reverses positive changes in death rates between 2018 and 2019. NSC estimates showed that after 40,000 roadway deaths over three consecutive years, fatalities finally plateaued in 2018 and dropped lower in 2019.

To keep drivers as safe as possible during this time, the NSC has some guidelines for all motorists:

-Obey speed limits, even when roads are clear.

-Practice defensive driving–stay buckled up, avoid driving while fatigued, avoid distractions, and always designate a sober driver or utilize alternative methods of transportation when needed.

-Stay off the roads when officials require you to do so–many states have asked drivers to only drive for essential errands or emergency situations.

-Stay aware of pedestrians and bicyclists, especially as many more travelers use walking and biking to safely leave their homes during shelter-in-place orders. Pedestrians and bikers should also keep in mind that clearer roadways does not mean there will be no traffic at all times, and should stay alert when crossing streets.

-For parents and guardians, stay engaged with your teen drivers’ habits and skills and continue to practice driving with them frequently.

-Companies and organizations should consider joining the Road to Zero Coalition, which aims to eliminate all roadway deaths by 2050.

America’s Truck Drivers Can’t Stay Home

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When we think about the people in our communities who definitely can’t work from home, we most often think of emergency room doctors and nurses, and rightly so. However, there are many workers on the front lines in the fight against the spread of COVID-19 who may not be top of mind for most people, yet their contributions are vital to allowing people to get food and supplies in this critical time. 

Whether you’re buying your food and essentials from a store or getting them delivered, those items most certainly spent part of their journey to your home on a truck driven by one of the over 3 million professional truck drivers in the United States. Since most the country is under some form of quarantine order or another, food, essentials, and medical supplies are nearly entirely moved only by professional drivers. 

Some drivers regularly travel thousands of miles as part of a supply chain that keeps grocery store shelves fully stocked. If a driver were to get sick far from home at a time when there is no guarantee of testing, they may be left with few options and they even might get stranded. With so many businesses closed, many drivers will rely on truck stops and travel centers for rest, fuel, essentials, and supplies. In Some cases, these facilities may be the only ones available for drivers who are far from home. 

The National Association of Truck Stop Operators (NATSO), a trade association based in Washington D.C. that represents the truck stop industry keeps a directory of stops and travel centers on their website to make it easier for drivers to locate facilities near them. 

What if a driver gets sick?

Each trucking company is likely to have a different set of policies for its employees. In March, new Federal legislation was signed into law, called the Families First Coronavirus Response Act. The law requires employers with less than 500 workers to provide additional paid sick leave to their employees. Some of the provisions that require employers to provide additional paid leave to an employee situations where an employee has been advised by a health care provider to self-quarantine, or to someone is experiencing COVID-19 symptoms and is seeking diagnosis. There are also provisions requiring higher compensation rates for some employees. However, there are exceptions to these rules given to some smaller businesses whose viability would be jeopardized by enacting these provisions. These new rules are set to expire at the end of 2020. 

The Centers for Disease Control and Prevention (CDC) has issued some guidelines to help delivery drivers stay safe while working. Some of these tips can also apply to long-haul truckers. Additionally, truck drivers should be diligent about taking all the precautions they can to prevent the spread of this virus. 

You’re probably tired of hearing this, but wash your hands: 

Hand sanitizer may be helpful to have in a bind. However, it doesn’t substitute for washing your hands with soap and water for at least 30 seconds. This may seem like overkill, but you should wash your hands every time you get fuel, use the washroom, or before you eat. Just think about how many people touch a fuel pump or use the bathroom every day. In fact, try to avoid things that multiple people come into contact with, like buffet style dining facilities or public computers.

Finally, if a driver does get sick – stop working. You should contact your company’s safety department as soon as you feel ill. Not only are you risking getting someone else sick if you keep working, but it’s also unsafe to operate a rig if you’re sick or fatigued. 

5 of 8 Suspects Plead Guilty to Staged Truck Crashes

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Five out of eight defendants in an investigation regarding staged truck accidents in New Orleans–which brought fraudulent lawsuits–pleaded guilty in late January, an act which brought further scrutiny upon the remaining defendants awaiting their trials.

Those three, including the alleged ringleader, were all involved in the money fraud scheme, but were not part of the plea bargains. However, one passed away in 2019.

Of this group, two drivers and three passengers in two separate accidents involving 18-wheelers plead guilty before US. District Judge Eldon Fallon to both conspiracy and wire fraud.

In the plea agreements filed in the U.S. court in the Eastern District of New Orleans, four of the defendants confessed–Lucinda Thomas, 63; Mary Wade, 55; Judy Williams, 59; and Dashontae Young, 25, all from Houma. These four left Houma and ended up in an accident in June 2017 near the Danziger Bridge.

Larry Williams, 46, a fifth defendant from New Orleans, admitted he was also a part of a staged accident six days later with a truck in the same area.

Additionally, another two individuals named in the indictment–Damian Lebeaud and Mario Soloman–are currently under federal investigation for their involvement. Two attorneys are also under investigation, according to court documents.

Labeaud was described by federal investigators as conspiring directly with “Attorney A” before and after the fraudulent accidents. Both incidents in the indictment were followed by lawsuits filed by attorney Daniel Patrick Keating.

Group members filed lawsuits after the stagings occured in order to “defraud and obtain money and property from insurance and trucking companies.” Some were seeking up to $1 million in damages.

A local news station’s investigative series dubbed “Highway Robbery” found that Attorney A is in fact Keating–based on his phone number being the one cited in court filings and by federal authorities as the one Labeaud would call regarding the accidents.

“Attorney A and Labeaud met at a restaurant in New Orleans,” said the U.S. Attorney’s Office. “During their meeting, Attorney A and Labeaud agreed that Attorney A would pay Labeaud $1,000 per passenger for staged and legitimate accidents with tractor-trailers.”

In addition, the indictment showed that Thomas had undergone neck surgery because “Attorney A” said she “would get more money through the lawsuit if she had the surgery.”

In the pleas filed on January 30th in federal court, the first staged incident is cited as occurring on June 6th, 2017, followed by a second on June 12, 2017. Both accidents took place in New Orleans, and some of the scammers said they were treated by doctors “known to the grand jury at the direction of one of the attorneys.”

According to the plea agreements, those pleading guilty faced a $250,000 fine and up to five years in prison.

Covenant Transportation Group had a truck involved in one of the staged accidents. The group’s representation apparently spent months investigating the fraudulent incident, scouring cell phone and cell tower records, analyzing dash cam and police body cam videos, and researching other documents that they ended up releasing to the FBI.

Over three months, the transport company’s team worked to find substantial evidence, eventually gathering enough to file documents in the civil suits claiming fraudulent activity.

This isn’t the only incident of its kind, either. Throughout 2019, New Orleans trucking fleets were warned about multiple suspicious incidents taking place after a notable “fake accident” lawsuit against Whitestone Transportation out of Mississippi.

In a series of at least 30 different suspicious accident cases, many similarities have been noticed. Almost all of these staged accidents take place around New Orleans, include multiple passengers in a claimant vehicle, involve sideswipe allegations against commercial vehicle trailers, have minimal damage to the claimant vehicle, have little or no damage to the trailer, and involve a commercial vehicle driver who either denies the crash or is unaware of it.

Regarding the most recent indictment, the U.S. Attorney’s office wrote in a press release: “Attorney A knew Labeaud was staging an accident and Attorney A paid Labeaud for at least 40 illegally staged automobile accidents. In addition, Labeaud and Attorney A would discuss the staging of accidents before they happened.”

2020 International Roadchecks Have Been Set for May Fifth Through the Seventh

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The Commercial Vehicle Safety Alliance (CVSA) an organization that includes both local and national government officials in North America, as well as industry representatives, will be conducting its International Roadcheck this year on May 5-7. The Roadcheck is an initiative meant to focus attention on the importance of commercial vehicle safety through a 72 hour marathon of roadside vehicle inspections throughout North America. 

Inspectors will be checking both vehicles and drivers. They will conduct driver interviews, review documents, and check their records and inspection reports. Inspectors will also be looking for signs that a driver may be ill or fatigued, and whether the driver displays any signs of drug or alcohol abuse.

The inspectors will also conduct vehicle inspections to make sure drivers are operating a properly maintained rig. CVSA inspectors will be placing decals on vehicles on which no critical violations are found during their Level I or Level V inspections. However, inspections that do reveal critical violations may be rendered out of service until any violations are corrected. 

Some drivers or motor carriers may decide they want to sit out the inspections all together. If you stay off the road in early May there is less of a chance of having to go through an inspection. However, not driving to avoid getting checked is not only unsafe it is also a bad business move. 

If you’re not driving, you’re not earning. The purpose of running any efficient transportation business is to make a profit. With plenty of time and a warning of upcoming inspection dates, drivers and motor carriers can prepare to make sure all their logs, records, licenses, certifications, and vehicles are in proper order. A vehicle that doesn’t pass and is put out of commission cannot produce an income. A vehicle that has violations but is hidden from inspectors creates a great safety risk to professional drivers and to the public who use the roads. When a crash happens, you can be certain that there will be law enforcement, government officials, and lawyers scrutinizing over records and conducting inspections to find violations. In these situations, the risk of being put completely out of business is a real consequence that motor carriers can face. Even if the majority of a given company’s fleet is violation free, the part that is not can result in a shutdown. 

Chances are that everything we see around us from goods, food, to furniture got to where it is at least in part by a truck. Commercial motor carriers are operating in a business that holds definite risks to public safety and property damage when people do not follow safety rules. If motor carriers or drivers do not follow safety rules and a crash occurs, government inspectors can cause the whole operation to be shut down. Crashes can also lead to insurance rates skyrocketing, making it too expensive to keep the business running. 

Public safety is not the only concern when it comes to operating a commercial trucking company. IF a driver gets hurt as the result of an unsafe truck the company that driver works for can incur costs for worker’s compensation and will be short a driver. Additionally, vehicles are expensive. It costs money to fix or replace a damaged truck. Taken as a whole, it will certainly be less expensive to properly maintain a fleet of vehicles and follow all the proper safety rules rather than to cut corners. It’s much less expensive to stay safe than to recoup after a crash. Of course, your life and health are priceless. 

FMCSA Prioritizes Reducing Fatal Crashes in 2020; Asks for Public Comment

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2020 is the year the Federal Motor Carrier Safety Administration is calling for a major turn around regarding trucking fatalities that have occurred over the last four years.

Administrator Jim Mullen is urging the agency to find ways to solve this issue as soon as possible. On January 14th, the FMCSA issued a public comment request on the best way to go about studying key factors in large-truck crashes.

The Large Truck Crash Causal Factors Study will replace the agency’s current 15-year-old crash causation study, which it has been using to make policy decisions.

“When I assumed this role as acting administrator three months ago,” said Mullen at the Transportation Research Board’s January meeting, “the members of this panel asked me what are my top priorities. That to me was a no-brainer. The top priority for me at this agency is to reverse that four-year trend increasing fatalities involved with large trucks and buses.”

The agency’s information request will look toward bringing about new ways to take into account data sources, samples, ranges of crash types, and cost efficiency. It also notes that the new study needs to address onboard electronic systems and how they gather data about lane departure, speeding, and braking.

The study will also work to bring through new information that will help the industry discover which activities will bring large reductions in crash rates involving commercial motor vehicles.

“In the more than 15 years since the original study, many changes in technology, vehicle safety, driver behavior and roadway design have occurred that affect how a driver performs,” said the pre-publication announcement. “Since the study ended in 2003, fatal crashes involving large trucks decreased until 2009, when they hit their lowest point in recent years (2,893 fatal crashes). Since 2009, fatal crashes involving large trucks have steadily increased to 4,415 fatal crashes in 2018, a 52.6% increase when compared to 2009. Over the last three years (2016-2018), fatal crashes involving large trucks increased 5.7%.”

FMCSA will be accepting public comments on the request for 60 days after the January 15th publication.

In a “commercial motor vehicle safety landscape” briefing at the meeting, FMCSA’s chief safety officer, Jack Van Steenburg explained that the biggest driver-related factors in fatal truck crashes were distraction, speeding, and failure to yield right-of way.

“The first goal is to stop that upward trend,” Van Steenburg said. “For the next several months, we at FMCSA are going to go out and talk with people. We’re going to listen to people. We want to tell them what we’re doing, ask how we can do it better, what we can do differently, and how we can do it differently to prevent these crashes from occurring.”

Van Steenburg also assured that agency leaders would be in talks with state officials, especially those in states that have seen a decline in these crashes.

“We always show you the top 10 states that have had crashes,” he explained. “But in Pennsylvania, we saw a 22% decrease in fatalities; Georgia, 16%; California, an 8% reduction.”

Another method of bettering the study will be integrating crash datasets with additional information sources in order to begin “completing the picture of crashes,” according to Bill Bannister, the chief of FMCSA’s Analysis Division.

“This will allow us to drill down into the types of circumstances surrounding crashes, the differences among the types of crashes, and whether it’s the vehicles involved or the roadway that’s involved. This sort of information might provide predictors of crashes.”

National Transportation Safety Board project manager Ryan Smith, also outlined the challenges in finding useful data regarding marijuana-using drivers. According to Smith, researchers warn against understanding drug impairment by using the federal Fatality Analysis Reporting System. He says that although those using marijuana could fail a drug test, there is data showing they may not actually be impaired to drive safely.

There is a lot of data out there that is not properly being discussed,” said Smith. “The concern is that people are using data improperly and coming up with these conclusions that are not in journals but are in news reports. Some of the findings are being twisted and can actually be doing more harm.”

Additionally, Joe DeLorenzo, administrator for FMCSA’s Office of Enforcement and Compliance, said the agency is currently working on updating its Compliance, Safety, Accountability Program’s safety measurement system. It will use a complex method called “Item Response Theory” to further analyze data. However, he says the system is still not understood by many in the industry. 

An evaluation of the IRT model is not expected until later this year.