Truck Attorney

New Marijuana Legislation Brings Challenges to the Trucking Industry

July 3, 2019 by Levinson and Stefani Leave a Comment

On May 31^st, 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:

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.
Peak subjective marijuana impairment does not coincide with peak THC blood concentrations.
THC deteriorates rapidly in the user’s blood.
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

June 3, 2019 by Levinson and Stefani Leave a Comment

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.

Truck Drivers Must Stay Alert

April 29, 2019 by Levinson and Stefani Leave a Comment

Data compiled by the National Highway Traffic Safety Administration (NHTSA), showed that nearly a third of fatal crashesin work zones involve a large vehicle or semi-truck. With such large vehicle sharing the roadway with passenger cars, truck drivers should be extremely vigilant in taking every possible precaution to avoid collisions.

Keeping an eye out:

Looks can sometimes be deceiving. The weather can make it hard to see what’s happening on the road in front of you. A driver might forget to turn their lights on. A trucker might look at the radio for a split second when traffic starts to slow down. It’s important for every long-haul driver to look ahead to try to anticipate what’s coming. Scan the road in front of you and check the mirrors regularly to be aware of what’s happening in your blind spots.

Don’t rush:

The online fidget spinner store may have promised delivery within 48 hours, but despite our growing demand for things from the internet, we should still be demanding safe travel on our nation’s highways. Soon there may not be any corner stores left to get basics like groceries as giant companies buy everything and turn the world into robot-run warehouses. The stuff we order on our smartphone apps has to get to us somehow. Before artificial intelligence replaces the need for us to ever travel outside of our houses, it may be a good idea to keep travel times for the big truck deliveries on a realistic schedule. When a driver has to carry a shipment across the country, safety should always supersede faster delivery times. I’d rather have my special order, customized hanging flower pot late than risk a driver sliding off the road in a storm because he’s trying to get there quickly.

There is no valid reason for a semi-truck to drive too fast for road conditions. Trucking and shipping companies should be regulated with this in mind. Rather than focusing on getting bigger trucks to go faster, these outfits should be making sure that everyone arrives at their destination safely. If slightly longer shipping schedules can result in fewer crashes, it’s an idea worth studying.

Also, from a labor supply point of view, truck drivers might want to look into working for another firm if they feel pressured to cut corners to make faster deliveries. In an ideal world, everyone would just follow the rules. But let’s be realistic. There is a truck driver shortage in America. The pay isn’t bad, but it’s not an easy job. Long hours, sometimes monotonous, repetitive tasks, and physically demanding job requirements means this line of work is clearly not for everybody. If a driver works for a company that doesn’t put safety first, he or she should not be shy in demanding that companies follow safety laws that are put in place for a reason. We all need to earn a living, but in this labor market you probably have options.

Put your phone away:

Distracted driving is a huge problem. As tempting as our social media feeds are, when it comes to driving, you can’t do two things at once. Anyone who drives a car these days has seen a person behind the wheel looking down at their phone. No matter how talented you think you might be at texting and driving, don’t do it. Traffic conditions can change in an instant. That’s all it takes for a distracted driver to cause a wreck. If a message is so important that it can’t wait, find a safe place to pull over. It’s a no-brainer.

The Trucking Industry Wants Congress to Consider Allowing Longer and Heavier Semi-Trucks on the Road, But Is It Safe?

April 16, 2019 by Levinson and Stefani Leave a Comment

As Congress considers new spending on infrastructure projects in 2019, trucking and transportation companies are looking to convince legislators to approve more relaxed rules that would allow shippers to haul heavier loads and longer trailers on their trucks.

A number of American shipping companies, including UPS, FedEx, and Amazon formed an advocacy group with a wholesome sounding name called Americans for Modern Transportation that is actively seeking to influence Congress to allow trucks to start pulling two, connected 33-foot trailers, adding 10 feet to what the current law allows. The shipping companies argue that longer trucks would reduce the number of trucks on the road and would allow companies to better meet online shopping demand.

With people buying more things online, online shopping is rapidly overtaking brick and mortar retail sales. This begs the question that even if current shipping demands could be met by by fewer trucks with longer trailers, as demand in e-commerce inevitably increases, won’t the number of huge trucks on the road also go up? Shippers certainly aren’t looking to ship less.

Even if we imagine that these new rules would result in fewer big-rigs on the highway, longer trailers would mean heavier trucks. The increase would be measured in tons. This would also lengthen the stopping time for drivers carrying such massive cargo. Since it takes more time and distance to stop a heavier vehicle, commercial drivers would need more space on the road to operate safely.

Current rules limit truck weights to 80,000 pounds. Trucking companies want this number raised by over 5 tons to allow hauling up to 91,000 pounds. As for the trailers carried by trucks, industry advocates want to increase their length by five feet. With two, connected trailers this ads 10 feet to vehicles that are already on the road making already massive big-rigs even bigger.

Congress already rejected a similar industry proposal back in 2015. One main concern is the damage that an increase of over 5 tons per truck might cause to our already deteriorating roads and bridges.

Illinois, like the rest of the country is dealing with an aging infrastructure problem that needs to be addressed. Just recently a cracked bridge shut down Lake Shore Drive in Chicago. Federal authorities said the bridge did not meet minimum national standards for new bridges, and the Federal Highway Administration called it “obsolete.”

The Briggs Street bridge that runs over I-80 in Joliet is causing concerned residents to plead to local authorities to replace it before a proposed truck stop is built right next to it.

An inspection of the bridge showed that it is in even worse condition than the partially collapsed Lake Shore Drive bridge. A truck stop there would only add more pressure, wear, and tear to an already failing bridge. Adding longer and heavier trucks to the mix could be a recipe for disaster.

Congress should consider the real impact these shipping industry proposed rules would have on people’s lives not only in the inevitable increased travel times for passenger vehicles trying to navigate around these new super trucks, but even more importantly the concern for public safety that arises. A paramount concern should be that these vehicles have safe roads and bridges to travel over. Let’s fix the roads first and then talk about bigger rigs to fill our Amazon orders.

Video: Truck drivers are victims too

July 5, 2017 by Levinson and Stefani Leave a Comment

Ken explains why it’s a terrible misconception to believe trial attorneys dislike truck drivers

Please note: Transcript edited for clarity, brevity, and readability.

Do trial attorneys dislike truck drivers?

People ask if we dislike truck drivers. We don’t dislike truck drivers. In fact, the truck driver involved in a crash—even a crash with serious injuries or a fatality—is just as much of a victim as the families we represent. Often, dangerous trucking companies don’t care about safety. They put their truck drivers in horribly dangerous situations by requiring them to drive too many hours, using improper equipment, not training them properly. For a lot of reasons, it’s not the truck driver that we’re litigating. Really it comes down to a dangerous trucking company; our job is to hold the company accountable for the consequences of a truck crash, not necessarily the truck driver.

What are some misperceptions that people have about lawyers and truck cases?

I think there’s a couple misperceptions. One, people think, “Well, you’re just suing the truck driver,” when in fact we’re suing the trucking company for a variety of reasons, including the fact that they’re putting drivers in dangerous situations that can cause serious harm. And two, the trucking companies are required to carry insurance, so if someone on the highway is injured or killed, the insurance would cover any damages. So really, we’re suing the trucking company and the money we recover generally comes from the insurance company. We’re not taking any money out of the truck driver’s pocket.

Do you think there’s a stereotype when it comes to truck litigation?

Certain trucking companies want to talk about lawsuits not being meritorious, that there’s too many lawsuits, and that it’s causing them to lose business or lose profits, when the fact remains that a responsible, safe trucking company should have no problem being held accountable if there’s a mistake, especially if someone gets killed or paralyzed by a crash. You would think they would want to step up, do the right thing and make sure people are protected when a crash occurs where their company is responsible.

Is there a big difference between working with truck drivers vs. average drivers?

Often, we represent truck drivers because there’s more than one trailer involved, or sometimes an automobile can be the cause of the collision. But we’ve represented a lot truck drivers throughout the years and they’re a pleasure to represent. They know the federal and safety regulations that apply, so it’s great to get insights from them. They offer almost expert opinion on safe driving and truck company procedures that can really add insight. We love representing truck drivers and we’ve done it many times.

How do you determine fair compensation in a trucking case?

By definition, if a regular passenger vehicle is involved with a crash with a tractor trailer that weighs 70-80,000 pounds, the force of the collision can cause very serious injuries or, unfortunately, death. We’ve seen cases where people have traumatic brain injury where they have problems the rest of their lives, orthopedic injuries—broken bones, neck problems, back problems with permanent disability. We sue to make sure that our clients get compensated and can get back to square one. It’s often just getting reimbursed for medical bills. And that doesn’t put extra money in our client’s pocket to recoup medical bills. Then recouping things like lost income—if someone can’t work ever again, or can’t work to the same extent. We want to make sure people are made whole after a crash. If they’re going to have permanent disability or pain the rest of their life, it takes a significant amount of money to make our clients and their families whole, and balance the scale of justice.

Ken Opens National Conference on Helping Truck Crash Victims

June 11, 2015 by Levinson and Stefani Leave a Comment

Ken Levinson AAJ Trucking Litigaiton Group Presentation — Ken Levinson presenting at the AAJ Trucking Litigation Group Members Only Seminar in Minneapolis (June, 2015)

Last week in Minnesota, Ken was thrilled to kick off the two day “Members Only” seminar hosted by the Trucking Litigation Group of the American Association for Justice.

The event, which draws top personal injury lawyers from across the country, focused on how truck drivers contribute to catastrophic accidents and taught attorneys what they need to do to provide the best possible representation to their clients in accidents involving truck drivers.

Ken was honored to be on the faculty of such an important program. He taught the lawyers there how to handle the nuanced issues that are part of a truck accident lawsuit. Some topics of discussion were:

tractor-trailer driver qualifications;
truckers driving in dangerous conditions;
trucks carrying hazardous materials;
“backing,” “under-ride,” and turning cases;
how to best represent an injured truck driver as a client;
conspicuity cases (safety issues when driving at night),
the rules, regulations, and safety issues related to truck drivers’ driving time and sleep time (hours of service); and
dealing with trucking companies’ typical excuses for causing a crash.

Ken and the other presenters spoke specifically about truckers and issues unique to people injured by a truck driver. Truck accident cases can involve more complex issues and technical rules compared to a car-verse-car crash case. This is largely because of the many federal requirements in place to monitor trucks and truck drivers so as to ensure the safety of the public. Still, the rules are often broken, and lawyers with knowledge of these different laws and issues particular to the trucking industry are more well-equipped to fight for victims of truck drivers’ negligence.