Trucking Litigation Group

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.

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.

Ken appointed Treasurer of the prestigious AAJ Trucking Litigation Group

August 14, 2017 by Levinson and Stefani Leave a Comment

In more news, founding partner Ken Levinson has been elected to serve as Treasurer of the American Association for Justice Trucking Litigation Group, a prestigious leadership role that will continue through 2018. Ken’s appointment was made official during the AAJ’s annual convention in Boston. He previously served as part of the Group’s Advisory Board.

The AAJ Trucking Litigation Group is comprised of nearly 500 lawyers from around the country and is considered one of the top two most successful litigation groups of the organization. The Truck Litigation Group often addresses lax federal, state, and local enforcement of trucking laws that in turn have an adverse impact on victims of trucking crashes. The Group effectively serves as an oversight committee for the trucking industry and the laws that govern its safety standards.

With advancements in technology, the trucking industry continues to evolve at a startling rate. One of the big issues related to commerce and legislation is the advent of self-driving trucks, which experts agree is an inevitability. As an elected leader of the litigation group, Ken will work with the executive committee members to draft official stances on things like self-driving trucks and government oversight, among many other tasks. Ken and executive committee members will also prioritize the enforcement of current laws as they pertain to the protection of plaintiffs.

The AAJ provides trial attorneys with information, professional support and a nationwide network that enables them to most effectively and expertly represent clients. The mission of the American Association for Justice is to promote a fair and effective justice system—and to support the work of attorneys in their efforts to ensure that any person who is injured by the misconduct or negligence of others can obtain justice in America’s courtrooms, even when taking on the most powerful interests.