truck crashes

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.

Five things you should know about truck crashes

June 14, 2017 by Levinson and Stefani Leave a Comment

Our firm’s founding partner addresses a few burning questions

Some things are obvious. Other things are not. Like the fact that commercial truck drivers are bound by stricter laws and regulations. And in the case of impending litigation, it’s best left to an attorney to sort those things out. Because no matter what you may believe, a truck and car crash are two very different things. Ken answers some common questions and concerns we hear on a regular basis.

From a legal perspective, what’s the biggest difference between a truck and car crash?

For starters, federal regulations apply to professional truck drivers and not the average driver. That means truck drivers are required to be extra careful because the consequences of a crash can be severe. That also means the guidelines to obtain a commercial license are much stricter. For instance, there are safety rules that prohibit truck drivers from driving too many hours, which means they’re required to take breaks to ensure safety. Drivers are also required to keep detailed records and logs related to their driving history. Ultimately, a truck crash involves much more paperwork and documentation than a typical crash between two motorists, which can be advantageous but also detrimental if the records aren’t handled or requested properly and timely.

What are some misconceptions about trucks more generally?

It probably goes without saying that the injuries involving a commercial truck are often much more severe than a car, but I’m amazed by how many people overestimate trucks and their ability to make quick, spontaneous adjustments. Fact is, they can’t. Trucks can’t stop on a dime, they can’t make sudden turns, and they certainly can’t maintain high speeds with any semblance of control. On the flip side, a lot of people underestimate the weight and size of a commercial vehicle, which by definition weighs over 10,000 pounds, failing to keep a proper distance to allow for unexpected maneuvers. The running theme is that many people take for granted that trucks can be very dangerous, and they need to be treated and respected much differently than average cars and drivers. The reverse is also true, meaning inexperienced and improperly trained commercial drivers also don’t appreciate that trucks are not as easy to operate as a normal car.

If you’re involved in a truck crash what should you do?

The first thing you should do is make sure you get away from oncoming traffic or other hazards. Find a safe area, that’s number one. If a someone is trapped, put your hazards on, light road flares, lay out cones—any kind of warning sign for other drivers. After you’ve made sure that everyone is safe, you should call the police and medical personnel immediately. Next, take down the information of the driver and their company: name, license plate number, phone number, insurance provider. You’ll want to report the crash to your insurance company and take pictures of the scene, damage to the vehicles, and anything that might seem relevant to record. If there were any witnesses, make sure you get their name, phone number, and as much identifying information as possible. Another thing I would say: You’ll likely be upset and distraught; keep your cool. You don’t want to make a bad situation worse.

Are trucking cases more difficult to litigate than car crashes, and if so, why?

Emphatically, the answer is yes. Insurance policies for auto crashes are relatively straight-forward for attorneys like us, but for trucking accidents, it can get very complicated. The truck could be leased by an independent contractor, for example, or other companies may be involved with hauling the freight. We investigate those details and make sure that everything is accounted for, including available insurance limits to cover damages, such as lost income, medical bills, and other expenses. The bottom line is that truck crashes are much more complex to litigate because there are lot more moving parts. Our job is to make sure that no detail goes unnoticed.

What are some things a lawyer can do for you?

As I mentioned earlier, a lawyer will look at who is responsible for the crash given there might be several entities and a truck driver involved. The other thing we do is look at what caused the crash more specifically, as in whether the driver may have had a medical condition or something that initiated the crash. Sleep apnea is a big issue that we deal with constantly. We work with experts—accident reconstructionists, mechanical experts, human factors experts, conspicuity experts—to find out what happened. We also look at the driver’s record, whether they have points docked on their commercial driver’s license, whether they’ve show previous instances of negligence and safety violations, and whether their employer ignored warning signs that may have prevented the crash from happening at all.

Ken Levinson is the Founding Partner of Levinson and Stefani. He has successfully handled dozens of cases involving commercial truck crashes and is a leader of the American Association for Justice’s Interstate Trucking Litigation Group.

Why Aren’t More Trucking Laws Being Passed?

February 2, 2015 by Levinson and Stefani Leave a Comment

Last week we wrote about the pressure facing the Federal Motor Carrier Safety Administration to keep our highways safe with stricter regulations for truckers. Here’s more about necessary improvements to our laws so that everyone is safer on the road.

Large-truck accidents accounted for nearly 4,000 fatalities in 2013—the fourth straight year that the number of truck-related deaths has risen, according to the National Transportation Safety Board. That’s a 17 percent increase based on numbers collected by the National Highway Traffic Safety Administration.

In a statement, the NTSB recommended that trucking companies explore more ways to manage driver fatigue and sleep disorders, afflictions that have been the source of several deadly accidents on the road. Sleep deprivation and mandated driving hours remain constant topics of discussion among safety experts and legislators, some of whom find themselves arguing opposite ends of the spectrum. The NTSB also unveiled its “Most Wanted List” of transportation improvements for 2015, including strengthening the safety of commercial trucking through increased industry oversight.

The statistics come at a time when Congress voted to tamp down trucking regulations last year, part of an ongoing trend of legislation that effectively weakens driving limitations and mandated driving hours. An example of one such amendment, passing on a 21-9 vote by the Senate Appropriations Committee in early June, rescinded a provision that required drivers to take breaks between the hours of 1-5am. The vote passed despite widespread opposition by safety advocates, transportation experts and the White House, all of which expressed concern for those driving at high speeds in the wee hours of the morning.

Also from NTSB: Highway regulators have failed to act on more than 100 recommendations over the last year to improve truck safety, as trucking lobbyists aggressively seek to protect the working rights of operators and those who maintain clean driving records. It’s a proverbial game of cat and mouse in the eyes of many.

The Board says that safety should be the industry’s highest priority, though recent amendments and deregulations seemingly prove otherwise. When it comes down to it, trucking accidents are increasingly preventable, thanks to new technology such as vehicle sensors. At this stage, sensors are more of a suggestion than a requirement.

So why aren’t more laws being passed to prevent accidents from happening?

The cynical person might chalk it up to the nature of the system — high price of doing business in a fast-paced world. But others, like Steve Pociask, President of the American Consumer Institute, in an opinion piece for the Daily Caller, points out that revisiting transportation reform should be a higher priority for the 114^th Congress, whether it be new laws and regulations or revisiting long-standing laws to determine what’s working and what isn’t. But assuming the issue gets swept under the rug, it’s safe to conclude that accidents will continue to happen.