• 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
      • Danylo Terleckyj
    • Team
      • Benjamin Lee
    • 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

trucks

2020 International Roadchecks Have Been Set for May Fifth Through the Seventh

February 18, 2020 by Danylo Terleckyj Leave a Comment

The Commercial Vehicle Safety Alliance (CVSA) an organization that includes both local and national government officials in North America, as well as industry representatives, will be conducting its International Roadcheck this year on May 5-7. The Roadcheck is an initiative meant to focus attention on the importance of commercial vehicle safety through a 72 hour marathon of roadside vehicle inspections throughout North America. 

Inspectors will be checking both vehicles and drivers. They will conduct driver interviews, review documents, and check their records and inspection reports. Inspectors will also be looking for signs that a driver may be ill or fatigued, and whether the driver displays any signs of drug or alcohol abuse.

The inspectors will also conduct vehicle inspections to make sure drivers are operating a properly maintained rig. CVSA inspectors will be placing decals on vehicles on which no critical violations are found during their Level I or Level V inspections. However, inspections that do reveal critical violations may be rendered out of service until any violations are corrected. 

Some drivers or motor carriers may decide they want to sit out the inspections all together. If you stay off the road in early May there is less of a chance of having to go through an inspection. However, not driving to avoid getting checked is not only unsafe it is also a bad business move. 

If you’re not driving, you’re not earning. The purpose of running any efficient transportation business is to make a profit. With plenty of time and a warning of upcoming inspection dates, drivers and motor carriers can prepare to make sure all their logs, records, licenses, certifications, and vehicles are in proper order. A vehicle that doesn’t pass and is put out of commission cannot produce an income. A vehicle that has violations but is hidden from inspectors creates a great safety risk to professional drivers and to the public who use the roads. When a crash happens, you can be certain that there will be law enforcement, government officials, and lawyers scrutinizing over records and conducting inspections to find violations. In these situations, the risk of being put completely out of business is a real consequence that motor carriers can face. Even if the majority of a given company’s fleet is violation free, the part that is not can result in a shutdown. 

Chances are that everything we see around us from goods, food, to furniture got to where it is at least in part by a truck. Commercial motor carriers are operating in a business that holds definite risks to public safety and property damage when people do not follow safety rules. If motor carriers or drivers do not follow safety rules and a crash occurs, government inspectors can cause the whole operation to be shut down. Crashes can also lead to insurance rates skyrocketing, making it too expensive to keep the business running. 

Public safety is not the only concern when it comes to operating a commercial trucking company. IF a driver gets hurt as the result of an unsafe truck the company that driver works for can incur costs for worker’s compensation and will be short a driver. Additionally, vehicles are expensive. It costs money to fix or replace a damaged truck. Taken as a whole, it will certainly be less expensive to properly maintain a fleet of vehicles and follow all the proper safety rules rather than to cut corners. It’s much less expensive to stay safe than to recoup after a crash. Of course, your life and health are priceless. 

New Federal Rules Will Help Trucking Companies Hire Safe Drivers

November 6, 2019 by Danylo Terleckyj 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 Danylo Terleckyj 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 Danylo Terleckyj 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 Danylo Terleckyj 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.

Heavier trucks not the answer

September 24, 2015 by Jay Stefani Leave a Comment

It’s turning into an elephant-sized problem

Take the heaviest eighteen-wheeler on the road and imagine putting an elephant on top of an already-packed trailer. Lawmakers will soon have to make a decision about whether trucks deserve to get a little heavier than normal… by about 10,000 additional pounds. That’s more than two sedans-worth of weight. The Safe, Flexible and Efficient Trucking Act is set for debate in Washington, now with the markup of the next federal highway bill.

The bill, which was introduced by representative Reid Ribble of Wisconsin, would increase the maximum weight restrictions for commercial trucks from 80,000 pounds to 91,000 pounds, so long as the truck is equipped with an additional sixth axle. Ribble’s axle solution claims that, by increasing weight restrictions, truck companies will be less likely to pack their carriers to the brim, a problem that makes them more dangerous and less efficient on the road. By contrast, lobbies like the rail industry argue that heavier trucks mean more road deterioration, which ultimately puts the impending repairs squarely on the shoulders of the taxpayers. It’s a tale of opposing lobbies that are determined to argue in favor of their own interests while neglecting the real issue: safety.

The logic behind Ribble’s proposal is almost backwards in its thinking. Would truckers and trucking companies really opt for a less-is-more strategy if given the opportunity? It’s like giving a kid a larger candy bag at Halloween, assuming the kid won’t take more candy because he/she has room to spare. But kids will be kids and big business will be big business. Even with some sort of middle ground, the Safe, Flexible and Efficient Trucking Act would seem like nothing more than veiled attempt to get people to believe that heavier trucks with a sixth axle are, in fact, safer on already-congested highways.

The truck lobby is wanting to bolster their shipping capabilities, and has once again added to a notorious reputation, one that pushes for so-called “upgrades” while pawning them off as an opportunity to improve safety out on the road. That couldn’t be further from the truth. When it comes down to it, heavier trucks are simply more problematic than they are beneficial, and it doesn’t take a physics professor to tell you why. Adding an additional axle to a truck, by the way, would cost roughly $7,500 per truck, mere pittance in the scope of a balance sheet. But ask truckers and they’ll tell you that a $7,500 fee for new equipment is just the tip of the iceberg; there’s more where that came from, like trailer reinforcements and tire upgrades. Nothing is as simple as people would lead you to believe.

Safety groups have already come out opposing the new law, including the Owner-Operator Independent Drivers Association, which noted that trucks over 80,000 pounds have almost 20% more brake violations than others, a fact that would be daunting for legislators and truck lobbyists to prove otherwise. It’s basic logic: a larger, heavier vehicle is simply harder to control. The Truckload Carriers Association agrees, writing to Ribble, according to a report on American Trucker, that the passing of this new law would benefit only a minority of the industry. And add The Truck Safety Coalition to the list of groups opposing the law. The group conducted its own public opinion survey that showed strong disapproval regarding bigger trucks.

It’s hard not to see the logic behind safety advocacy groups, despite knowing full well that even safety groups have their own interests at stake. The underlying factor in this debate, and others, is that the trucking industry has yet to make safety a priority. Instances like this remind us that trucking is still a big business, and business, for the most part, is looking to get even bigger—literally and figuratively. It’s not worth putting lives in danger.

Levinson and Stefani Injury Lawyers in Chicago / Attorney Advertising