• Skip to main content

Levinson and Stefani Injury Lawyers

Client-first legal representation for injury victims. Injured? Free Consultation:

(312) 376-3812

  • Home
  • About Us
    • Attorneys
      • Ken Levinson
      • Jay Stefani
      • Vanessa A. Gebka
    • Practice Areas
      • Truck Crashes
      • Bus Collisions
      • Auto Accidents
      • Child Injuries
  • Firm News
  • Library
    • Articles
    • Cases
    • Law
    • Video
  • Blog
  • For Lawyers
    • Focus Groups
  • Free Case Review

truck crashes

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

February 18, 2020 by Levinson and Stefani Leave a Comment

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. 

Lawsuit Against Amazon Points to New Challenges for Trucking Industry

February 11, 2020 by Levinson and Stefani Leave a Comment

A recent lawsuit filed against Amazon and AAA Freight is shedding light on what many throughout the industry have had growing concerns about; prioritizing shipping speed and cost savings for driver safety. In January of 2020, Timothy Weakley, a truck driver based out of Tennessee, claimed in a lawsuit against Amazon and AAA Freight, a trucking company who contracted with Amazon, that both companies were forcing the driver to work shifts that far exceeded the time allotted to drivers by federal law. Ultimately, these extended shifts resulted in Weakley falling asleep at the wheel. Additionally, Weakley claimed that both companies were working to falsify his driver logs in an effort to hide the drive time violations.

While the lawsuit is still in its infancy, and there appears to be many unanswered questions at this point, there is already one key takeaway from Weakley’s lawsuit that will likely have many asking questions about Amazon’s oversight and adherence to federal law. For instance, Weakley’s suit stated that Amazon was well aware of his drive time violations because of its “sophisticated freight tracking application” which was said to have tracked Weakley’s movement in the truck to the “millisecond 24/7.” If proven true, this could certainly result in a greater chance for Amazon being held liable for allowing Weakley to drive what he alleges was “20-30 hours or more with only an hour or two of rest.”

Without having an inside look into what the contract between both Amazon and AAA Freight looked like, we will have to wait and see how this lawsuit is handled in the future; however, one point remains clear; there is no doubt that as shipping speeds continue to enhance and volume rises, the trucking industry is being forced to adhere to increasingly high standards. Amazon is a billion-dollar company with a founder who just so happens to be the richest person in the world. The idea that a company with such power and influence could be asking its contractors to violate the federal law to meet its shipping standards, is not so far-fetched. On the other hand, even if some in the industry believe that Amazon has done nothing wrong and this lawsuit falls squarely on the shoulders of the contractor who actually employed Mr. Weakley, it’s not hard to imagine that a contractor wouldn’t be willing to push their employees to the limit to adhere to what we can only imagine is a lucrative shipping contract with Amazon. At a time when the trucking industry has once again been deemed to be struggling, would a trucking company really be willing to do something that could result in a deterioration of its relationship with one of the most powerful companies in the world?

Aside from focusing on whether Amazon could actually be held liable in this lawsuit, we must also remember that if the allegations that Mr. Weakley brought forth are proven true, this presents a major setback to any argument that federal drive time regulations are too strict and should become more flexible. Based on the proposed hours of service changes, truck drivers would be given more flexibility in dividing the required time they must spend in the sleeper berth of their trucks. We have written countless times about the effects of such a change, and this lawsuit only goes to show that such a change would likely result in further incidents where trucking companies are pushing their drivers to the limit.

More importantly, lawsuits such as this one must become a warning sign for drivers on the road. The reality is that while Amazon may be great for offering the best shipping speeds and price that money can buy, they have a well-documented history of failing to provide adequate safety standards for their employees, including truck drivers. If the allegations that Mr. Weakley brought forth are true, this means that the truck driver next to you could possibly have been driving for more than 20 hours on the road. Imagine working for more than 20 hours in one day. Now imagine your work involving being responsible for a truck that weighs over 40,000 pounds and having to drive it safely. That is serious cause for concern. So, while many may see this lawsuit and may immediately jump to the conclusion that the independent contractor, AAA Freight, is clearly responsible for the employee’s truck crash, just try and think a bit more about what it means to have one of the most powerful companies in the world writing a check for your business.

Number of Traffic Fatalities Down in 2019

January 28, 2020 by Levinson and Stefani Leave a Comment

With 2019 now in the rearview mirror, new data suggest the last year of the decade proved to be a positive one for drivers across the United States, as traffic fatalities saw a year-over-year decrease of 2.2% throughout the first 9 months of the year. According to Transport Topics, the National Highway Traffic Safety Administration estimated there were 26,730 fatalities that occurred in 2019. While the statistics alone appear to be alarming, many should see this as a positive sign as it makes “the third quarter of 2019 the eighth consecutive quarter for year-over-year declines in traffic deaths since Q4 of 2017.”

Not only does this data establish that the United States has consistently been decreasing the number of traffic fatalities each year, but it proves that more drivers on the road and more miles being driven on average across the entire United States does not necessarily mean more fatalities will occur.

For instance, the Federal Highway Administration has also released data showing there has been a 1% increase in overall miles travelled by Americans in the first nine months of 2019, with an increase of 24 billion miles.

While this news is certainly positive and provides the nation with an idea of the direction in which certain initiatives are going, it’s important that we do not view such statistics in a vacuum.

To be sure, there has been a 2.2% decrease in traffic fatalities, but as is often the case, there is no silver bullet approach when it comes to trying to curb what can often feel like inevitable results.

According to the National Safety Council, a non-profit organization specializing in decreasing preventable deaths, the Road to Zero Coalition has been actively promoted. The Safety Council’s plan to eliminate all road deaths entirely serves as a guide for both state federal governments to adopt specific strategies to ultimately put an end to all traffic fatalities by 2050.

As highlighted in the report generated by the council, the strategies proposed are based on three “approaches” the coalition has found to be integral to succeeding in their initiative:

1.     Doubling Down on What Works

Supporting policies that are based on research in roadway design and construction, vehicle engineering, law enforcement, consumer education, and trauma care. 

2.     Accelerating Advanced Technology

Establish new partnerships with manufacturers, technology companies, and EMS and trauma systems, as well as with public safety and health groups.

3.     Prioritizing Safety

Adopting a “Safe System Approach” that prioritizes using proven safety methods which allow for individuals to make mistakes, yet such mistakes will not result in actual death.

In addition to establishing an overall guide for states to adopt, the council also holds “Road to Zero” webinars which serve as an introduction for new members joining the coalition to learn what other cities and states have already encountered in attempting to implement such strategies.

Although the task that the National Safety Council is trying to accomplish appears to be far larger in scope than what is realistically possible, such ambition has not gone unnoticed. Since its inception, the Road to Zero initiative has garnered roughly 900 members of the coalition. Among those members include the Federal Highway Administration, Federal Motor Carrier Safety Administration, and the National Highway Traffic Safety Administration. This is precisely what needs to occur across the United States for such lofty goals to be achieved.

It may seem unrealistic for us to be able to completely curb traffic fatalities when a 1% increase in the miles travelled across the country resulted in 24-billion-mile increase; however, when such a large number of companies and organizations are united behind these goals, there will be results.

Some may view the 2019 traffic fatality statistics as nothing more than a necessary update to the public to establish that the funding and donations being received are actually paying dividends. While that may be true to some extent, it is absolutely essential to remember that a silver bullet does not exist, and the efforts being put forth by such organizations as the National Safety Council are truly worth monitoring.

It could very well be the case that over the first few months of 2020 a spike in traffic fatalities occurs, but that should not mean we stop implementing these strategies in the future. Even without a silver bullet approach to decreasing traffic fatalities, our states, cities, and communities owe it to citizens to provide smart and convenient traffic routes and policies. Without implementing such policies, their failure to do so could render them accountable for future fatalities that were otherwise preventable.

Convoy Trucking Proving the Industry Must Adapt

December 18, 2019 by Levinson and Stefani Leave a Comment

2019 has been a tough one for the trucking industry. Through continuous storylines covering the driver shortage to serious concerns regarding the overall business prospects for trucking companies, the industry has truly been struggling. Despite all the noise, there have been several companies who have been able to cut through the tension and make a name for themselves. Recently, it was announced that Convoy, an on-demand digital trucking platform, has raised $400 million in funding, which will help it escalate its business model and bring it to market. What exactly is a digital trucking platform? For starters, Convoy’s intention is to cut shipping costs by creating a streamlined alternative to the large amount of wasted space that occurs in most long-haul trucks. The goal is to digitally connect shippers with trucking companies. Think Uber for truck drivers; something we have already seen in the market with Uber Freight.

While the news of Convoy’s new round of funding may not appear monumental, it really is a sign that the industry could seriously pivot within the next decade. For instance, back in August of 2019, The New York Times wrote a piece about Convoy’s emergence within the industry and had the opportunity to speak with Silpa Paul, a commercial vehicle analyst for Frost and Sullivan, a prominent research company specializing in consulting for companies. In that piece, The New York Times stated that “Ms. Paul estimated that services like Convoy’s were expected to grow rapidly, from posting $210 million in broker fees in North America in 2017 to $6.7 billion in 2025.” Further, Paul had determined that the streamlined efficiency would likely not bear on a loss of trucking jobs, because there was already such a severe shortage, as announced by the American Trucking Association. For an industry struggling as much as the trucking industry is, companies finding the potential to garner billions of dollars certainly provides a few bright spots.

Moving forward, Convoy understands that although it has produced the necessary funding to evolve its business model and become a national brand for many shippers, it also faces competition from the likes of Uber Freight. That’s why it is fascinating to see where this brand goes next. According to Tech Crunch, “the company launched in 2019 an automated reloads feature that allows truckers to book multiple loads at a time. It also added Convoy Go, which allows drivers to bring their truck cab and hook up to a trailer pre-filled with cargo.” These advancements are really where we will see how profitable and transformative these digital freight shipping apps will be. While long-haul freight is likely to be where the money is for Convoy, the reality is that there are drivers throughout the industry looking to independently move freight. Allowing for drivers to bring their truck cabs to pre-filled cargo shipments truly changes how the industry functions.

Changing Industry May Bring More Challenges than Previously Believed

There is much to be said about Convoy’s business model and how it; coupled with Uber Freight, will have a tremendous impact on the industry as a whole. Unfortunately, it seems to go unnoticed that some of Convoy’s investors happen to singlehandedly turn the industry on its head already. Currently, Jeff Bezos serves as a primary investor for the company, being that both Amazon and Convoy are located in the same city and largely have the ability to overlap their business models; it’s a genius move by the billionaire. Unfortunately, we have already written about how Amazon is threatening the industry by bringing its shipping and delivery in-house to save on costs. With Class 8 tractors now on the roads for the company, a start-up with the ability to handle the “spot market” with the click of a button seriously threatens small companies. Sure, there is already a driver shortage and Convoy argues that it won’t be taking jobs, but rather rendering shipping more efficient by ensuring that freight is carrying up to its capacity. The issue is that there are many small trucking companies throughout the United States and a majority of their business relies on the “spot market” to turn a profit. In 2019, the spot market has been down. Some may argue that these new apps will help alleviate this issue; however, the long-term ramifications due to who actually has a “say” within companies such as Convoy may present far more issues for the industry and its ability to support small and medium size trucking companies in the next decade.

New Federal Rules Will Help Trucking Companies Hire Safe Drivers

November 6, 2019 by Levinson and Stefani Leave a Comment

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. 

The Safest (and Least Safe) Pickups for 2019 and 2020

October 7, 2019 by Levinson and Stefani Leave a Comment

Thinking of a new pickup truck?

Although larger passenger vehicles, such as pickups and SUVs, have bigger structures making them better able to absorb crash energy, SUVs and pickups are proportionally more likely to be involved in fatal single-vehicle crashes–especially in the event of a rollover.

Because of this, it is of the utmost importance for any potential pickup owner to be aware of the ins and outs of safety regarding these particular vehicles, and how the newest models on the market hold up to standards.

The Insurance Institute for Highway Safety (IIHS) has released the results of 2019 and 2020 full-size pickup trucks. These tests included: frontal crash small and moderate overlap, side crash, roof strength press, head restraint and seat safety, headlight evaluation, front crash prevention tech, and child seat anchor ability.

Without further ado, here are the most and least safe, full-size, half-ton pickup trucks for 2019 and 2020.

Safety ratings scale ranges from Poor to Marginal to Acceptable to Good.

Not-So-Safe:

Toyota Tundra

Small overlap front: driver side = marginal. Structure = marginal. Lower leg = poor.

Small overlap front: passenger side = poor. Structure = poor. Hip = marginal. Lower leg = poor.

Moderate overlap front: driver side = good.

Side = good.

Roof strength = acceptable. (Curb weight: 5,432 lbs, 3.94 times → 21,384 lbs).

Head restraints & seats = good.

Headlights = marginal. Visibility on left = fair. Visibility on right = inadequate. Visibility on curves = inadequate. High-beam assist is present.

Front Crash Prevention = superior. Forward collision warning meets standards. 12 mph – 25 mph collision avoidance is present.

Child seat anchors = acceptable. Two positions have LATCH hardware. Third position is tether only.

Safer:

Nissan Titan

Small overlap front: driver side = good. Lower leg = acceptable.

Small overlap front: passenger side = good. Structure = acceptable.

Moderate overlap front: driver side = good.

Side = good. Driver torso rating = acceptable.

Roof strength = good. (Curb weight: 5,460 lbs, 4.55 times → 24,857 lbs).

Head restraints & seats = good.

Headlights = marginal. Visibility on straightaways = fair. Visibility on curves = inadequate. 

Front Crash Prevention = no crash prevention. 360-degree camera, blind spot monitors, and rear cross-traffic alerts are present.

Child seat anchors = acceptable. Two seats have LATCH hardware. Third position is tether only.

Chevy Silverado/GMC Sierra 1500

Small overlap front: driver side = good. Structure/safety cage = acceptable. Lower leg = acceptable.

Small overlap front: passenger side = marginal. Structure/safety cage = poor.

Moderate overlap front: driver side = good.

Side = good.

Roof strength = good. (Curb weight: 4,818 lbs, 4.62 times → 22,236 lbs).

Head restraints & seats = good.

Headlights = poor. Visibility on straightaways = good. Visibility on left curves = fair. Visibility on right curves = inadequate.

Front Crash Prevention = superior. Forward collision warning meets standards. 12 mph – 25 mph collision avoidance is present.

Child seat anchors = marginal. Two positions have lower seat anchors. Third position is tether only.

Ford F-150

Small overlap front: driver side = good.

Small overlap front: passenger side = good.

Moderate overlap front: driver side = good.

Side = good.

Roof strength = good. (Curb weight: 4,651 lbs, 5,85 times → 27,215 lbs).

Head restraints & seats = good.

Headlights = poor. Visibility on straightaways = inadequate. Visibility on curves = inadequate. Raptor lights: poor; but work better on straightaways.

Front Crash Prevention = superior. Forward collision warning meets standards. 12 mph – 25 mph collision avoidance is present.

Child seat anchors = marginal. Two positions have lower seat anchors. Third position is tether only.

Safest: 

Ram 1500

Currently the only full-size pickup truck with a “Top Safety Pick+” rating.

Small overlap front: driver side = good. Lower leg = acceptable.

Small overlap front: passenger side = good. Structure = acceptable.

Moderate overlap front: driver side = good.

Side = good.

Roof strength = good. (Curb weight: 5,254 lbs, 4.24 times → 22,302 lbs).

Head restraints & seats = good.

Headlights = good (on Longhorn and Limited trims). Curve adapting and high-beam assist are present. Gradual left turn light = inadequate.

Front Crash Prevention = superior. Forward collision warning meets standard. 12 mph – 25 mph collision avoidance is present.

Child seat anchors = marginal. All three rear positions have LATCH seat anchors.

According to IIHS, two tests of the RAM 1500 Crew Cab were conducted and the specifications for each test were identical. As a “Top Safety Pick+” for 2019 and 2020, this truck needed ‘good’ ratings in its driver-side small overlap front, passenger-side overlap front, moderate overlap front, side, roof strength and head restraint tests, as well as a ‘superior’ rating in front crash prevention and a ‘good’ headlight rating.

IIHS’ 2019 “Top Safety Pick” was the Honda Ridgeline, awarded for its optional front crash prevention and specific headlights.

  • « Go to Previous Page
  • Page 1
  • Page 2
  • Page 3
  • Go to Next Page »

Levinson and Stefani Injury Lawyers in Chicago / Attorney Advertising