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Trucking Industry

‘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.”

Aurora, FedEx, Paccar Begin Autonomous Trucking Initiative

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A new autonomous commercial trucking pilot is in the works at the hands of FedEx Corp., Paccar Inc., and Aurora Innovation Inc.

A self driving tech-equipped Paccar tractor hauling FedEx loads between Dallas and Houston has been the initial journey of the pilot–making for a 500-mile round trip interstate drive. Now, the testing program will continue with self-driving efforts, although a safety driver will remain in the cab for the time being in case a takeover is needed. 

Still, Aurora Innovation claims that its primary autonomous driving system, Aurora Driver, will not need backup drivers in the cab for much longer.

“At the end of 2021, we will launch our trucking business and haul loads autonomously between terminals without a safety driver,” said the company. “Developing our trucking service and driver-as-a-service business model alongside a trusted network that understands how to safely optimize logistics through efficiency and speed primes us to build a more deeply integrated service with the Aurora Driver for fleets safely and quickly.”

Earlier this year, Paccar and Aurora decided to collaborate on the development of two autonomous Class 8 trucks–new models of the already-popular Kenworth T680 and Peterbilt 579.

“The speed and quality of progress we’re making with Aurora to develop self-driving trucks is impressive,” said chief technology officer for Paccar, John Rich. “This industry collaboration is an important step toward delivering these trucks at scale.”

Autonomous trucking is the next step in addressing “the exponential growth of e-commerce,” added FedEx Corp., which believes this pilot initiative will be a monumental step forward for the companies in their efforts to look toward the future of technology in the industry.

“This is an exciting, industry-first collaboration that will work toward enhancing the logistics industry through safer, more efficient transportation of goods and we are pleased to collaborate with other industry leaders–Aurora and Paccar–on this endeavor,” said FedEx Corp.’s vice president of advanced technology and innovation, Rebecca Yeung.

Autonomous driving is clearly progressing steadily, added automotive and smart mobility analyst at Gartner Inc., Mike Ramsey. This program will help demonstrate that progression to the public.

“It’s exciting to see the new pilots being announced, but I expect we are still a few years away from taking people out of the seat,” he said. “The stakes are high, with 80,000-pound vehicles going 60 mph. The regulations between different states are uneven, and clarity about legality and safety will need to be codified in some way.”

Logistics companies will continue operating and owning the vehicles, but Ramsey predicts that companies will provide their own automated driver tech and software as the business model for autonomous trucking solidifies.

“You can imagine buying a truck fitted with a Via or Aurora driver, and the logistics firms or big consumer goods fleets will pay Aurora or Via to make sure the software and hardware are working on the truck,” he explained.

The collaborative effort of these companies allows for autonomous driving to be tested with groups operating at scale, added co-founder and chief product officer at Aurora, Sterling Anderson.  Deployment capabilities will also be boosted with FedEx bringing its logistics knowledge, as well.

Now, industry powerhouses like American Trucking Associations are calling for federal autonomous trucking guidelines–specifically, for Secretary Pete Buttigieg to set forth a development and deployment framework for automated vehicle operation throughout the United States.

“ATA believes there is great promise in automated vehicle technology to improve highway safety, the efficiency of our supply chain, and our environment,” said ATA President, Chris Spear. “But, we need a national framework that fosters innovation, not a patchwork of potentially conflicting state and federal regulations, to deliver on that promise.”

ATA, along with other stakeholder groups, requested said framework in a letter written to Buttigieg last month.

“Implementing a federal AV framework that fosters the safe deployment of AVs,” the groups wrote, “can help the Biden administration to shepherd in a safer, more environmentally friendly and accessible transportation future.”

Truckers Receive Well-Deserved Praise During Truck Driver Appreciation Week

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“Truck drivers are the lifeblood of our economy,” said U.S. Department of Transportation undersecretary of transportation for policy, Carlos Monje. “More than 3.5 million professional truck drivers haul 70% of the country’s freight.”

Monje’s praise comes as the Department of Transportation celebrates National Truck Driver Appreciation Week, which took place last between September 12th and 18th. The department also held an appreciation event at its headquarters, and many DOT officials noted truck drivers’ key role in keeping the United States’ economy healthy–especially during the pandemic era.

These truckers have also been vital in keeping highways as safe as possible during the movement of freight that has been in particularly high demand over the last year and a half.

“The essential nature of the work that truck drivers do every day, often behind the scenes, is crucial to the nation’s economy, public health, and roadway safety,” Monje added.

Deputy administrator of the Federal Motor Carrier Safety Administration, Meera Joshi, also expressed her gratitude for truck drivers’ efforts in recent months.

“As we become more and more reliant on e-commerce, and through pandemic and climate crises, [truckers’] critical role is even more evident,” Joshi said. “Truck drivers, with their broad highway presence, set the tone for highway driving.”

When truckers are as safe as possible, so are our roadways, she added.

“Careful, professional truck drivers [who are] attentive to driving are saving lives every day,” she said.

American Trucking Associations also made sure to urge folks to thank a trucker during the dedicated week for truck appreciation, as well.

“Happy [National Truck Driver Appreciation Week 2021]!” ATA exclaimed in a Tweet. “A special thank you from Dana Incorporated and ACT1 Trucking, National Driver Appreciation Week 2021’s premier sponsor. There is no better time to thank the highway heroes that help keep our highways safe while moving America’s essential goods!”

ATA’s President, Chris Spear, also spoke out in regards to the appreciation efforts aiming to call attention to truckers’ prominent roles within our country’s economy and communities.

“This nation owes a tremendous amount to the men and women who drive our trucks,” Spear said. “In times of crisis, they are among the first to respond. And when others stay home, we hit the road delivering the things this country needs to keep moving.”

Spear also noted that although Appreciation Week isn’t necessarily all the thanks that truckers who have been on our frontlines during the pandemic deserve, the industry is happy to show its gratitude as much as it can.

“National Truck Driver Appreciation Week is just a small gesture acknowledging the efforts of drivers like Henry and April, and we’re glad that DOT has taken time to recognize them and all of the 3.7 million professional drivers,” said Spear.

One of the drivers Spear mentioned is April Coolidge, an America’s Road Team captain and Walmart Transportation driver. The other, another America’s Road Team captain and a TForce Freight driver, is Henry Bruster, who attended the appreciation event at DOT headquarters and explained his lifelong dream to work in the industry.

“My love for trucks and the trucking industry began at a very early age,” said Bruster. “As a little boy, I always wanted to climb in the truck, talk to the driver, and grow up to be one of those drivers I idolized as a young child.”

Other trucking organizations, state agencies, freight companies, and lawmakers also spoke out about their gratitude for truck drivers throughout the country.

“This week is Truck Driver Appreciation Week!” said U.S. House Transportation and Infrastructure Committee member, Representative Mike Bost of Illinois, last month. “As a former truck driver myself, I want to thank all of the hardworking men and women who spend long hours driving over the road to ensure that store shelves are stocked.”

Sherri Garner Brumbaugh, Garner Trucking CEO and ATA Chairman, also made sure to point out that 2021 is a particularly important year to acknowledge and thank truckers thoroughly.

“I call on every American to join ATA and me in honoring our drivers,” she said. “This year has a special meaning in recognizing these frontline heroes who have continued to deliver life’s essentials during the pandemic.”

Automated Braking Tech Changes are Promising, But Industry Experts Can’t Agree on Tractor-Trailer Connection Improvements

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“We need an enhancement,” said ZF Group‘s director of engineering, Dirk Wohltmann. “We also need to have good communication between the truck and the trailer. With that one, I think there is no question, no debate–there needs to be an upgrade.”

Wohltmann’s comments come in regards to the topic of trailer connectivity, a main subject of discussion at the recent American Trucking Associations’ Technology and Maintenance Council Fall Meeting & Transportation Technology Exhibition. Wohltmann was one of many industry experts debating how best to move forward in connection with the new trucking technology entering the industry, and noted that a physical connection that would take into account these kinds of technologies is the best way to update current connectivity capabilities.

Additionally, while other experts argued that wireless tech-based and diverse solutions are the key, Wohltmann explained that data security and reliability are connectivity aspects that must be prioritized, as adding further tractor-trailer connectors means a truck driver would have more connections to remember during trailer hookup.

“I described what we all don’t want to do and where we don’t want to go,” he added. “We nailed down that we have to have a change. We nailed down that we don’t want to have another connector. We nailed down that it has to be safe. For that…I think we agree. So where do we want to go?”

Backward compatibility is also vital in all tractor and trailer connection solutions, he noted. And although some experts on the other side of the debate agreed that backward compatibility is key, they believe wireless connectivity is especially important and that tractor-trailer connectivity cannot be universally improved with just one unified method.

“The transportation industry is not just a one-of-a-kind equipment company,” said 21st Century Driver president, Duke Drinkard. “One kind is not what we do.”

Almost everything we use in the modern era is wirelessly connected, Drinkard added, noting that wireless technology isn’t going anywhere, especially with 5G now in the mix.

“What technology is being used now that we may be able to use in the future?” he asked. “You’ve got WiFi, you’ve got Bluetooth, and you’ve got near-field communications, [and] mobile communications.”

Overall, Wohltmann explained that connectivity needs to implement easily-adaptable maintenance changes, be user-friendly, and be fast and secure, while also looking to the ever-changing technology throughout the transportation industry. 

Also during ATA’s TMC Meeting, industry members discussed the future of automatic braking–a prominent topic as automated braking and electronic controlled brake systems make waves throughout the transportation world.

“I wish I was 18 years old, because there is more change coming in the next five years than we’ve seen in the last 50 to 100 years,” said Bendix Commercial Vehicle Systems vice president of engineering and R&D, Richard Beyer. “It is for the better. It’s not going to be less complex, it’s going to get more complex, and the change is going to come at us more fast and more furious [sic].”

Vehicle infrastructure, in particular, is likely to see the most changes in this regard, especially with Level 4 “high” automation for automated capabilities. Using these kinds of systems means trucks will be able to more easily function in all kinds of weather conditions, Beyer noted.

“When you hear news about automated driving Level 4 players, you’ll see corridor images of the Southwest U.S.,” he said. “That is good as a science experiment, but the reality is that we live in Cleveland, and we don’t have Southwest weather here most of the time.”

Automated brake system improvements will rely on the conversion from disc brakes, and will allow for reduced fading, boosted stopping power, better straight-line stability, easier inspection and replacement accessibility, and overall lower costs, explained John Bennett, Chief Technology Officer of Meritor. Still, he noted that the larger improvements brought about by modern brake tech will not necessarily be apparent right away.

“It’s taking so long for our industry to simply adopt disc brakes when it comes to technology adoption,” Bennett explained. “Even though there are performance advantages, this is such a cost-sensitive industry that unless there is a strong payback, technology adoption takes a long time.”

Recalled CPAP Machines Bring New Obstacles for Drivers With Sleep Apnea

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Continuous positive air pressure machines are under review by the Federal Motor Carrier Safety Administration’s medical review board in regards to a voluntary recall of the technology and the new uncertainties brought with it. 

Truckers utilizing these machines may be at risk for significant health complications. The voluntary recall, which was announced at the end of June by the U.S. Food and Drug Administration on its website, claimed that certain CPAP machines may increase high chances of risk to those with sleep apnea due to potential chemical and debris exposure during usage. CPAP machines are meant to help in the treatment of obstructive sleep apnea–an affliction many truck drivers suffer from that causes difficulties in breathing properly during sleep.

Specifically, the FDA noted that its safety announcement was meant for those using Philips Respironics ventilators, CPAP, and BiPAP machines, alerting them that this particular brand had recalled some of its products. Those who use these machines would need to reach out to their health care providers for advice and other possible treatment solutions, the FDA added.

“The polyester-based polyurethane sound abatement foam, which is used to reduce sound and vibration in these affected devices, may break down and potentially enter the device’s air pathway,” said the FDA in its announcement. “If this occurs, black debris from the foam or certain chemicals released into the device’s air pathway may be inhaled or swallowed by the person using the device.”

In fact, many users had complained about particles and black debris appearing in the products’ airways–debris which was seen throughout the devices’ tubing, masks, humidifiers, and the device outlets, said Philips Respironics at the time of the recall.

“Philips also has received reports of headache, upper airway irritation, cough, chest pressure, and sinus infection,” the company noted. “The potential risks of particulate exposure include: Irritation (skin, eye, and respiratory tract), inflammatory response, headache, asthma, adverse effects to other organs (e.g kidneys and liver), and toxic carcinogenic effects.”

The possible risks of off-gassing chemical exposure also include dizziness, hypersensitivity, nausea, and vomiting, added the company. In July, the issues with Philips’ devices earned the classification of the most serious recall specification–a Class I recall.

“These issues can result in serious injury, which can be life-threatening, cause permanent impairment, and/or require medical intervention to preclude permanent impairment,” said the company in its initial voluntary recall announcement.

Fortunately, there have been no death reports resulting from these potential issues.

“We are treating this matter with the highest possible seriousness, and are working to address this issue as efficiently and thoroughly as possible,” said Philips Respironics. “The company has developed a comprehensive plan to replace the current sound abatement foam with a new material that is not affected by this issue, and has already begun this process.”

FMCSA will now urge the medical board to determine the best methods of helping its National Registry of Certified Medical Examiners, as well as CPAP-using truck drivers, to find new options for drivers in need of these kinds of devices, said an agency spokeswoman.  However, FMCSA is not yet aware of the number of truck drivers using Philips CPAP machines, specifically.

“While FMCSA regulations do not specifically address sleep apnea, they do prescribe that a person with a medical history or clinical diagnosis of any condition likely to interfere with their ability to drive safely cannot be medically qualified to operate a CMV in interstate commerce,”  added OccuMedix president and chief Natalie Hartenbaum, who wrote an article on these recalls. “However, most cases of sleep apnea can be successfully treated. The most common treatment is the CPAP machine. But, what if drivers can’t use their CPAP [machines]?”

Nearly 28% of commercial drivers have sleep apnea, Hartenbaum noted.

“It’s scary because sleep apnea is a health risk to drivers in terms of drowsiness,” said OccMed corporate director of medical surveillance and medical review board member, Brian Morris. “There have been high-profile accidents for people involved with drivers with sleep apnea that were not treated properly. We may have to step away and not enforce CPAP use if the equipment has serious health risks.”

Battery Issues Change Along With Surge of Trucking Technology

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Truck batteries are changing just as rapidly as other innovative technology swiftly makes its way throughout the trucking industry, and certain vehicle types are seeing battery-related needs shifting particularly quickly.

According to industry experts who spoke at the American Trucking Association’s 2021 Technology and Maintenance Council Fall Meeting and Transportation Technology Exhibition this month, Class 6 and Class 8 vehicles have been seeing major adjustments in regards to the methods of prolonging their truck battery lifespans.

“There are more loads and accessories today than ever before,” said East Penn Manufacturing’s original equipment sales director, Jeff Muir. “All these loads and accessories require additional power requirements. Those power requirements are being drawn off the batteries.”

In fact, many truck drivers will utilize a large amount of battery power during the rest breaks–especially when they sleep in their cabs. This act, called ‘hoteling,’ allows for the use of television power, laptop power, microwave or crock pot usage, and even the powering of a gaming system.

“Essentially, the drivers and the operators really want all the creature comforts of home, packed into a sleeper cab and [to] be able to use those with a definitive amount of power,” Muir continued. “They don’t want to go in a dark room or have their truck fail to start because they ran out of battery power.”

Because of this, the industry’s mindset regarding truck battery capabilities is changing rapidly, and further research is underway to determine the best methods of boosting these batteries to offer dual functionality for today’s truckers, Muir noted.

“That operator is essentially using all the power that’s in the battery pack and then during their next drive cycle, [so] they have to be able to recoup that power, that energy, and repeat that cycle over and over again,” he said. “That energy recuperation is the biggest opportunity because we don’t want to see the battery packs operate in a partial state of charge.” 

Trucks are seeing more and more modern technology and digitalization become implemented within their trucks’ interconnectivity and telematics systems, Muir said–trends that will continue to expand. Still, though, drivers can help to boost their batteries’ functionality and longevity through a variety of tried-and-true technical solutions, according to industry experts.

“How deeply do you discharge the battery over and over again? How [promptly] do you recharge it back?” added East Penn’s senior application engineer, Mike Krajewski. “The main goal is you try to get the longest calendar life by using the best cycle life.”

Cycle and calendar lives are the two main timespans one should consider in regards to their trucking battery, as a cycle life is determined by regular improvements, care, and the ways in which a battery is used.

In addition to these two life cycles, there are four aspects of overall truck battery care that affect its longevity, Krajewski explained.

“[The factors] are care and maintenance, partial state of charge, and temperature,” he said. “These four big components, if you manage them correctly, can greatly increase the life of the battery you see in the truck, or if they’re managed improperly, it can drastically decrease [the battery life].”

Additionally, a battery’s lifespan can be majorly affected by hot temperatures, as well as by failure to maintain a partial charge in a battery or otherwise care for it properly.

“The most common thing that we see out there in the industry today, from a warranty perspective, is batteries that are discharged,’ said East Penn’s field sales support manager for original equipment, John Cathey. “I think, many times, as we think about batteries, we think this battery is empty and it’s going to take too much time to fill, and so [we] will simply just put another battery that’s new in its place.”

Instead of this, drivers and fleet managers should look to the root of the problem, because oftentimes, the battery can be easily restored or it may just need to be recharged. Fleets should always ensure that their trucks’ batteries are free of corrosion, that battery testers are regularly replaced, and that charging equipment is always working at full capacity.

“Now, [the battery] still may fail; you may still have concerns with the battery,” Cathey continued. “But the encouragement here is to try to get the battery fully charged, or at least [at a] 75% stated charge before we’re looking at any type of answers.”