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Levinson & Stefani Continues to Serve its Clients During Covid-19

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As Covid-19 has ravaged and shut down communities across the United States, we have all been forced to change our lifestyle for the greater good. For many of us who reside in Illinois, “going out” now only refers to essential trips to the grocery store. More pressing has been the shocking realization that so many of the restaurants and businesses that we frequent each day are now being forced to close temporarily, or worse; for good. While this situation continues to progress, we have made certain that our Firm does as well, becoming more flexible in our capacity to provide the service our clients expect on a daily basis. In a sense, everything has changed, but for us, nothing has really changed at all.

In light of Governor Pritzker’s Stay-At-Home Order that went into effect on March 21st, legal services were rendered “Essential Business” thereby allowing us to continue to meet the necessary obligations of our clients. To take extra precaution for our own employees during this health scare, all members of our staff are now working remotely, but rest assured that our distance away from our office has not affected our ability to provide our clients with the service they have come to expect.

At this moment in time our remote “office” still maintains the ability to complete all tasks we were able to do previously. Our staff has the ability to sign critical paperwork and documents, access case files for each of our clients, and communicate with all parties involved in the litigation process. If anything, working remotely has expanded our capabilities as we now have access to all of our regular services on a 24/7 basis, which means that our clients can and should have the expectation that we may be reached any day of the week to assist with any issues that arise. At a time like this, our Firm understands that due to the uncertainty in the economy and the effect restaurants and businesses throughout the City, many clients will likely have questions regarding their case and any financial issues that may arise. With that being said, we are here to answer these questions and assist our clients as best we can. From handling issues with medical bills and liens, to contacting insurance companies on your behalf, our team is here for you.

Take note, that while we continue to work each day to best serve our clients, Cook County Court system still remains in-flux. As of March 30th, it was announced that the Cook County Circuit Court would be suspending nearly all civil cases, except for emergency hearings, until the end of May. Marking this as a truly unprecedented time, the Court also signaled that it would be adopting videoconferencing as a way to conduct hearings for those cases deemed necessary or for emergencies.

All of this goes to say that while we will all have to adjust to these new changes for some time, our Firm is well prepared to modify our work schedule and regimen accordingly. We will be there for our clients during this time.  

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. 

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. 

New Federal Rules Will Help Trucking Companies Hire Safe Drivers

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The Federal government has adopted new policies aimed at taking unqualified truck drivers off the road. Registration is now open for the Drug and Alcohol Clearinghouse, a new substance abuse screening system for truckers that is scheduled to be operational early in 2020 . The Clearinghouse is a database that will keep track of drivers who have violated drug and alcohol policies in order to stop them from operating commercial vehicles. The Federal Motor Carrier Safety Administration anticipates that the implementation of this database will substantially reduce motor vehicle crashes involving heavy trucks. 

The federal rules regarding professional truck drivers already prohibit drivers from getting behind the wheel when they test positive for illegal drugs. Of course, everyone knows that drunk driving is illegal. The Clearinghouse database will allow trucking companies to screen drivers applying for jobs to see if they have previously tested positive for drugs and are looking to get hired at a new place. Drivers can also lookup their own information once they have registered with the Clearinghouse themselves. Once registered, drivers can search for their own information for free. The database will include information about whether a professional driver has any drug or alcohol program violations and, if applicable, the status of their petitions to return to duty. 

The new system is meant to act as a check on drivers who violate substance abuse rules follow the proper protocol to get back in to good standing, if possible, before they are allowed to keep driving. Drivers with commercial driver’s licenses, employers, law enforcement, medical review officers, and substance abuse processionals will be among the groups who will be authorized to access the Clearinghouse. 

As for what should be reported to the database – Federal Statutes cover that: 

Employers will report a driver’s drug and alcohol program violations. Medical review officers will do this as well. A driver does not need to register him or herself into the system for a medical review officer to enter a violation in the system. In fact, it is not mandatory for a driver to register. But, if an employer needs to conduct a full check on a driver, that driver will have to register. This means, drivers who don’t want to take part may not be able to get hired for certain jobs because perspective or current employers will not be able to conduct a full search on the database for their information. After January 6, 2019 a driver will have to be registered with the Clearinghouse in order for an employer to be able to conduct a full search on their record for new hires. Drivers who are registered will be able to give their consent to release drug and alcohol program information to employers. Also, when new information is added to their profile, drivers will receive notifications from the Clearinghouse in the mail or electronically. 

Drug abuse is a problem that needs to be addressed with treatment and counseling. Allowing drivers to keep working when they have a substance abuse problem by slipping through bureaucratic cracks doesn’t help drivers who may need help to get sober. It obviously makes roads less safe. 

In the computer age with so much information going digital, this just makes sense. Professional truck drivers have a difficult job. They have to work long hours, often by themselves, away from their families. They have to keep alert on the road and get enough rest to do so. Drug use is a problem that poses a great risk to the health and safety of, not only professional drivers, but also everyone else who shares the road with them. Safety is on the roads is imperative. This database is likely the least intrusive way to keep records of drug and alcohol program violations so that employers know if they are sending a driver out on the road with the proper credentials. 

New Marijuana Legislation Brings Challenges to the Trucking Industry

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On May 31st, 2019 Illinois joined 10 other states in officially making the decision to legalize recreational marijuana. The decision promises to provide a major financial boost to the state, bringing in roughly $800 million to $1 billion a year in taxes. With the potential for great financial gain, many have seen the new law as a win for the state of Illinois. While the new law does bring great economic potential, it’s important to remember it may have a variety of ramifications for those in several industries throughout the state.

As we previously touched on regarding truck driver impairment and the necessary precautions that must be taken with drug use on the rise in the United States, the legalization of marijuana does pose a threat to the truck driving industry. Just like any other driver on the road, an individual who is impaired via the use of marijuana should never get behind the wheel of a vehicle. Similar to alcohol consumption, the drug delays an individuals’ reaction time and ultimately impairs their judgement. Now pair those adverse effects with a truck driver who has been behind the wheel for up to 14 hours at a time, and this is a recipe for disaster. Unfortunately, the reality of the situation is that marijuana use amongst truck drivers has become far more prevalent, with positive marijuana tests among truck drivers increasing 4% year over year to 2.6% for the federally mandated drug testing that drivers must undergo. While that number may appear small, it is an increase, nevertheless. More importantly, we must keep in mind that although the positive test rate remains in the single digits, it is absolutely unacceptable to have drivers on the road who participate in any sort of recreational drug or alcohol use.

Unfortunately, driver impairment is not the only issue that residents of Illinois need to be considering since the new law has been passed. Over the last decade, there appears to be a new report circulated each year that warns of the truck industry being in dire need of more professionals due to the small pool of drivers to choose from. We even wrote an article on how aging truck drivers are a factor in this exact issue. With Illinois legalizing recreational marijuana and with more states following suit, the driver pool throughout the United States and Illinois will be affected. Heavy Duty Trucking wrote an article in 2018 exploring this topic in further detail and noted that “in an industry facing a driver shortage, legal use of cannabis may cut into the available driver pool. Some drivers could even consume edible cannabis unawares and fail a pre-employment drug test.” The article also cites a study conducted by the Insurance Institute for Highway Safety and the Highway Loss Data Institute, which found that in the “first states to legalize the sale of recreational marijuana, there has been a 5.2% increase in crashes.” The hope is that any time a substance is legalized, no accidents occur as a result of such substance abuse; however, while that is clearly wishful thinking, there are steps that can be taken to make certain that such drivers using marijuana are not allowed on the road. 

Safety Precautions Must Be Taken to Increase Road Safety

In March of 2019, the American Transportation Research Institute (ATRI) produced a manual, Marijuana Legalization and Impaired Driving: Solutions for Protecting our Roadways, with the goal of providing useful tips on maintaining safe roads. One of the key points of note throughout the manual is the fact that it acknowledges that drug testing for marijuana is not the same as testing for blood alcohol content. The manual goes on to provide several reasons as to exactly why drug testing for marijuana is currently not a viable option to truly see if an individual has been driving under the influence of the drug:

  1. Unlike alcohol, where impairment level is easily predicted by BAC, the severity of impairment resulting from marijuana use depends on a number of factors, including the frequency of marijuana use and consumption method. While higher doses of marijuana often result in greater impairment, this relationship is less predictable than that of alcohol and impairment.
  2. Peak subjective marijuana impairment does not coincide with peak THC blood concentrations.
  3. THC deteriorates rapidly in the user’s blood.
  4. Low levels of THC in a user’s blood are not necessarily indicative of recent use.

As established by the Federal Motor Carrier Safety Administration (FMCSA) under CFR § 382, commercial truck drivers must be tested for controlled substances and alcohol use. However, it is only mandatory that a urine test be taken, not a hair analysis which has proven to be far more accurate when testing for specific drugs other than alcohol.

Moving Forward with Legalization

Unfortunately, as the federally mandated drug testing appears to be behind the curve when it comes to accurately finding whether a driver is under the influence of the drug, it appears that one of the best measures that can be taken to ensuring such drivers stay off the road for good is not only requesting that a hair analysis become a part of the federally mandated testing, but that transportation and law enforcement officials begin collecting data immediately on such drivers involved in unfortunate crashes. For example, Transport Topics cited another study conducted by ATRI, which quoted that “whether or not the federal government recognizes the legality of marijuana, it should take the lead on related federal data collection programs; . . . key to this role is identifying and conveying standards for state – and local – level data collection by law enforcement and the criminal justice system.” While this clearly appears to be a quick fix approach to driver impairment, it may be the best way to curb the increase in truck driver’s driving under the influence as more states continue legalizing marijuana. As a state, we must make certain that the public remains safe, and advocating for increased measures to keep drivers who will abuse drugs and alcohol off the roads should be something we are all for.

Technology Could Stop the Rise in Fatal Truck Crashes

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Despite numerous safety regulations put in place to protect commuters, the number of traffic deaths involving semis and large trucks is on the rise. This puts travelers in passenger vehicles at greater risk on our nation’s highways. Rear end accidents are the most common types of crashes with big rigs going too fast and failing to stop in time to prevent crashes.

A lot of new cars are equipped with automatic breaking technology that assists drivers when they get too close to vehicles in front of them on the road. There has been no action in Washington and resistance by the trucking industry to require installation of automatic emergency breaking systems or warning signals in large trucks to try and decrease, if not eliminate, rear-end truck wrecks. Instead the death toll keeps climbing.

Driving a truck is hard work. Federal regulations allow truck drivers to work 11 hour shifts and they do. A trucker has to stay alert and focused on the road, traffic, and other potential hazards for extended periods of time. Add to that the time constraints that shippers place on getting their goods delivered on time and you have the potential for fatigued operators who might be driving too fast.

With trucks being the largest and heaviest vehicles on the road, it makes sense to require trucking companies to equip their rigs with sensor technology that will alert drivers when they are following too close to other vehicles. A big rig can destroy another semi in a high speed collision, and a truck driver may be more protected from injury in a big vehicle, but riders in passenger cars are at a much greater risk of injury or death from a rear-end collision from a truck. This is clearly a case where technology could help save lives.