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‘Nuclear Verdicts’–Is This Terminology Offensive to Truck Crash Victims Winning Verdicts? Ken Levinson Weighs In

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A recent story in the ABA Journal looked into a personal injury case that “sent a message to the trucking industry” and drew widespread attention. In the case, a semitrailer truck driver avoided a slowed-down passenger vehicle during a rainstorm and caused a pileup, and the article pointed to the latest increase in truck-involved roadway crashes and the verdicts that usually follow. 

This article comes as many other similar pieces regarding “nuclear verdicts” make their way through the internet news cycles.

“There’s a huge increase in truck crashes that cause injury and death, and the trucking industry has not done nearly enough to hire safe drivers and train their drivers on avoiding crashes and not harming the public,” explained Levinson and Stefani’s Ken Levinson, when asked for his take on the article. “The trucking companies and their insurance companies have taken verdicts out of context and used them as pure propaganda. They came up with a term–‘nuclear verdicts’–and it’s similar to what the industry has done for decades: using loaded language to impact a jury.”

Levinson explained that this term really holds no meaning, as those injured in these major crashes deserve all the funds awarded to them when they win their cases to pay for items such as medical bills and other expenses.

“It’s really based on a falsehood–these people believe in jury verdicts when the jury sides with them, and frankly, any time a jury awards what it feels is appropriate compensation, they use that as a weapon against victims and survivors of crashes,” he said. “My take of this article and of this case is that they’re using this terminology as a weapon–they always use terms like ‘small mom and pop trucking companies that aren’t able to survive,’ when on the other hand, when there’s any type of legislation to protect victims and increase insurance limits, they oppose those.”

If trucking insurance premium minimums were to increase, more people would be protected against unsafe trucking companies.

“We have minimum insurance when we drive our cars, and right now, the trucking minimums have not increased in decades,” he noted. “They haven’t kept up with costs of inflation, or medical costs, or other expenses that survivors and their families incur. So, they can’t have it both ways. They can’t say trucking companies aren’t going to make it while not requiring more insurance coverage to help victims.”

Even though these trucking companies often complain about any potential rise in premiums, they often aren’t as costly as expected, Levinson explained.

“Don’t they want to help people who were in a catastrophic crash or get killed in a crash caused by one of their drivers?” he asked. “It’s really borderline-obscene to not want to take care of people who are harmed so seriously. I know that for me, if I’m in a car and–god forbid–something happens, I want to be able to take care of the other person. I want to take care of their medical bills, their loss of income, and I want to do the right thing. I’m not sure the trucking industry is so hellbent on doing that. Not all trucking companies feel that way, but as an industry, they’re not willing to help those who are harmed.”

In articles like the ABA’s, attorneys who are quoted regarding these kinds of verdicts often point to juries being desensitized to the large amount of funds awarded in these cases. 

“They put one attorney in this article saying that juries aren’t understanding the true value of money, and that’s insulting to hard-working, honest jurors who pay attention and have a different view of a trucking company that harms people,” said Levinson. “It’s belittling, it’s insulting, and it’s shameful.”

When these cases go to a jury, the attorneys representing trucking companies also tend to complain about the little faith they have in the opinions of jurors.

“It’s almost like saying they don’t trust people to vote in a democracy,” said Levinson. “Are elections always won by the best candidate? No, but it’s the best system we have and, similar to a jury system, both sides are represented by very well-experienced, competent attorneys, and they can hire any expert they want to help present their case. Sometimes, the jury might not agree with your side, but but if you believe in the constitution and our system of laws, you must believe in the jury system. It’s not perfect, but it’s the best system in the world.”

Overall, the kinds of terminology trucking companies often use regarding the large verdicts granted in these cases shows that they may not care whether the injured victims get the financial coverage they need and deserve–and worse, that they don’t care whether the safety culture within the trucking industry is finally made to change for the better, Levinson said.

“It’s always interesting how they always use highly-charged terms, like ‘jackpot venture’ or ‘nuclear verdict,’” he explained. “Clearly they don’t want to step up and be held accountable for how their wrongful conduct harms people, instead of taking responsibility and saying, ‘We want to do the right thing and protect people that we’ve harmed,’ they shirk responsibility and come up with these highly-charged terms to taint the system, and that’s offensive.”

NTSB Chairman Calls for Road Safety Mindset Changes; $76 Million Granted to CMV Safety Projects

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“The current approach, which favors automobiles and punishes only drivers for crashes, is clearly not working,” said Jennifer Homendy, the new chairman of the U.S. National Transportation Safety Board, in regards to the current methods of analyzing roadway safety. “If we are going to get to zero [crash deaths], we will have to do something different.”

Homendy, who was nominated for her position by President Biden, has prioritized efforts to update the ways governments and organizations take highway safety into account, believing that individual driver actions and behaviors are not what need the most attention. With 38,680 roadway deaths in 2020 and 8,700 commercial motor vehicle-involved fatalities in the first quarter of this year (an increase of 10.5% although vehicle miles traveled dropped during the pandemic), major updates are clearly necessary, Homendy explains.

For example, the current “Safe System Approach” to road safety focuses on drivers’ speeding, but Homendy points out that this system as a whole may be what needs the most focus. In fact, during the Governors Highway Safety Association conference in Denver this month, she raised the question of whether or not “ill-conceived” federal regulations and guidance have caused state speed limits to rise, as well as whether or not particular road designs allow for or provoke speeding. In addition, she questioned if states should be able to revoke local authorities’ power to lower speed limits, as well as the power of “manufacturers who design vehicles that can exceed 100 miles per hour or that have no speed limiters.”

In addition to speed limitations, Homendy stated that impaired driving laws need stricter enforcement, although this enforcement won’t be the sole reason highways may become more safe. 

“The carnage on our roads has to stop,” she added. “You know it, and I know it.” In her presentation at the conference, she urged governors, vehicle manufacturers, public health officials, road designers, and transportation providers to work toward new, innovative methods of bringing higher levels of safety to the nation’s roads.

In regards to commercial vehicle safety, the Federal Motor Carrier Safety Administration has granted more than $76 million to states and educational organizations for CMV safety improvement efforts–all 50 states, along with the District of Columbia, Guam, American Samoa, Puerto Rico, the Northern Mariana Islands, and the U.S. Virgin Islands will all receive federal funding.

“Together, these grants represent the administration’s commitment to supporting strong state and local partnerships to reach our national goal of reducing commercial vehicle-involved crashes and saving lives,” said Meera Joshi, Deputy Administrator for FMCSA.

These grants come in the form of High Priority grants ($45.2 million), Commercial Driver’s License Program Implementation grants ($29 million), and Commercial Motor Vehicle Operator Safety Training grants ($2 million). High Priority grants will be utilized to boost commercial motor vehicle safety improvement programs and state technological advancement projects. Commercial Driver’s License Program Implementation grants will work to support state efforts to bring improvements to the current national commercial driver license program–a program that offers financial aid to states complying with driver’s license standards set forth by FMCSA regulations.

In spring of this year, FMCSA granted more than $305 million (as part of Motor Carrier Safety Assistance Program grants) in support of local and state law enforcement agencies working to deploy around 12,000 enforcement personnel. These workers collaborated in efforts to lower the severity and number of roadway crashes, as well as to lower the number of commercial motor vehicle-involved hazardous materials incidents.

Additionally, the largest grants this year awarded to state programs–so far–include $2 million allocated to the New York State DOT, the Michigan State DOT, the South Dakota DOT, and the Washington State DOT; $1.7 million to the Connecticut DMV and to the Oklahoma DOT; $1.5 million to the Wyoming Highway Patrol, $1.5 million to the Nevada Highway Patrol Division, and $1.5 million to the California Highway Patrol; $1.3 million to Indiana State Police; $1.2 million to the Indiana DOT and to the Arizona Department of Public Safety; $1.1 million to the Maryland Commercial Vehicle Safety Alliance; and $1 million to the Delaware DOT.

Trucker Fatigue Still Major Issue, But Cell Phone Distraction Has Decreased, New VTTI Study Says

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“Hands-free cell phone use was found to be protective as it likely helps drivers alleviate boredom, while hand-held cell phone use was found to be risky as it takes the driver’s attention away from driving tasks,” a new study by the Virginia Tech Transportation Institute stated.

This study found that truck drivers were at a much higher risk of crashing when engaging in distracting actions like adjusting their mirrors, reaching for a snack or beverage, or even adjusting their seat belts, although activities like singing or talking while driving were not found to be a distraction.

Additionally, as compared to past studies, the overall usage of cell phones in a trucker cab was found to have significantly decreased in recent “naturalistic” research focusing upon driver fatigue and distraction.

In fact, “the eighth driving hour showed the highest rate of safety-critical event occurrence,” noted VTTI’s study, which aimed to determine the overall effects of drowsiness and distracting actions on big-rig truck driver safety. The study collected data from 182 trucks, 172 truck drivers, 73 motor coach drivers, and 43 motor coaches across seven different fleets, 10 different locations, and 3.8 million driving miles.

A “significant critical event” in the study pertains to four distinct outcomes–unintentional lane deviation, crash-relevant conflict, a near-crash, or an actual collision

In previous studies, researchers found that around 25% to 30% of crashes came as primarily a result of driver distraction. In Virginia Tech Transportation Institute’s new study, though, researchers determined that, due to their latest research methods, “it is commonly believed that the actual percentage of distracted-related crashes may be substantially higher.”

These updated ways of collecting more accurate data in more efficient ways has made all the difference in finding real safety issues in the trucking industry today, VTTI added.

“Naturalistic data collection and reduction has become the gold-standard method for investigating driver distraction as it allows researchers to see what a driver is doing just prior to a safety-critical event in real-world settings,” the institution said in its study.

Some of the study’s most vital findings include that truck drivers had a direct correlation between the time their eyes were taken off the road for at least two seconds and the amount of risk they had in being involved in a crash or near-crash; that the time of day and the length of a driver’s rest break may impact his or her overall driving behavior; that the time at which the driver begins a particular trip can have a particular effect on his or her fatigue; and that by diving deeper into the collected data regarding driver drowsiness, it was clear that fatigue levels are highest within systematic baselines between 1:00 A.M. and 6:00 A.M. for crashes or near-crashes in truck drivers who start their shifts in the early-morning hours and who have long trips starting at those times.

“Researchers, transportation officials, and the Federal Motor Carrier Safety Administration have all identified driver fatigue as a serious concern for vehicle safety and deemed it to be significantly associated with fatal commercial motor vehicle crashes,” said VTTI in the study. “Drivers have reported that they become fatigued from insufficient time spent recovering during off-duty times, work overload, not working according to their circadian [rhythms], disturbed sleep patterns, and the time sensitivity associated with the nature of their jobs.”

Other determinations made from the results of the study include that the first 10 driving hours for a trucker can be separated into: low significant critical event rate within the first hour, moderate significant critical event rate within the second hour, and high significant critical event rate within the third hour through the 10th hour; that most of the significant critical events took place in daylight when the driver was on a non-junction roadway, on a divided roadway, or in areas without many traffic jams (like an interstate), and while no adverse conditions were present; and that lower amounts of driver texting may show that individual carrier policies, public information campaigns, and local and national legislation changes regarding handheld cell phone use while driving have positively affected safe driver behavior changes throughout the industry.

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. 

No Need to ‘Hoard’ Groceries Amid COVID-19 Concerns Say Experts – Supply Chain Intact

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Efforts to stop the spread of COVID-19 have put a strain on the transpiration industry charged with getting food and supplies from point A to point B. Many stores quickly ran out of toilet paper when news of confirmed infections began breaking in the United States.

Seeing empty store shelves in a country where we often encounter abundance can seem ominous. People are facing a lot of uncertainty surrounding this pandemic. Many people are out of work and have had to apply for unemployment. Businesses are shut down and there are certainly some that may not recover. This whole situation has the potential of changing our realities, possibly even permanently. 

Fear of the unknown is likely what sent people rushing to their local convenience and grocery stores to buy more toilet paper and paper towels than they will likely use in a year. There was a run on food as well. Grocery aisles emptied out quickly even before the Governor here in Illinois told everyone to stay home. Items with a long shelf life, like rice and pasta went first, along with the inventory of most of your local meat departments. However, it wasn’t long after that stock started to replenish at most stores. The main reason for this is the hard work of our nations professional truck drivers. Thankfully, food production hasn’t stopped, and stores are continuing to receive their shipments of supplies.

After the Governor of Illinois announced the shelter-in-place order, he deemed certain facilities and the people employed by them as “essential,” stating that such would remain open and continue to work. Not only did this category include hospitals and pharmacies, but also restaurants and grocery stores. As a result, professional truck drivers continue to work to deliver supplies to grocery stores and restaurants so that people can get what they need. Additionally, in order to stop others from “hoarding” specific items such as hand sanitizer, soap, toilet paper, paper towels and the like, grocery stores have implemented policies which limit the amount customers may purchase.  

Although there are less vehicles on the road due to the “stay-home” orders local governments have been issuing throughout the country during this pandemic, it is still important for truck drivers to be able to practice safe and careful driving when transporting essential goods. If anything, there are a much higher percentage of semi-trucks driving around trying to get supplies delivered to stores than ever before and the last thing that anyone would want to happen is for these trucks and the drivers to get into a crash and possibly be injured. We need truck drivers to be able to do their jobs. However, they need to be able to do so while still following safety rules, including limits on the hours they remain on duty and still meet the needs and demands of each community. Accordingly, government, as well as private trucking companies, must provide truck drivers the ability to get enough rest and not be overworked in order to avoid driving while fatigued. This would ensure the safety of drivers, both truck drivers and other drivers on the road, as well as the arrival of the cargo professional truck drivers are carrying.

In uncertain times like these when some things may be out of our control, we still need to take all the measures we can to prevent crashes and injuries, not only to protect the supply chains that keep us fed, but to allow our hospitals and medical professionals the ability to focus on treating people suffering from this terrible virus.