• 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

trucking litigation

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.

Partner Jay Stefani appointed to AAJ’s Sole Practitioner & Small Firm Section

September 1, 2016 by Levinson and Stefani Leave a Comment

Jay_End-Distracted-Driving

Levinson and Stefani is pleased to announce that Jay has been elected Parliamentarian for the American Association for Justice’s Sole Practitioner & Small Firm Section, serving a one-year term for 2016-2017.

The Solo Practitioner & Small Firm Section is comprised of attorneys that focus on improving the stability of solo and small firms around the country, including how to market their practice and gain visibility by taking advantage of resources like blogging and social media.

Members pay particular attention to the use of technology as a way to increase productivity and navigate the financial obstacles of running a business. The group also addresses staffing issues, employee benefits, and law firm management.

This is one of four AAJ committees Jay serves on. He also sits on the Trucking Litigation Group, the Motor Vehicle Collision, Highway and Premises Liability Section and the Nursing Home Litigation Group. He also serves as a member of the Trucking’s Litigation Group’s Side Underride Guard Task Force, advocating for improved trucking safety across the country, most notably here in Chicago.

  • « Go to Previous Page
  • Page 1
  • Page 2

Levinson and Stefani Injury Lawyers in Chicago / Attorney Advertising