truck crashes

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.