Truck Accident Law by Michael Leizerman

Trucking Industry Readies for Unified Registration System

May 7, 2013

Any effort to get “chameleon” commercial carriers off the road has my support. And because of that, I stand fully behind the Federal Motor Carrier Safety Administration’s pending Unified Registration System.

The URS aims, in part, to keep better tabs of commercial carriers who are cited as “out-of-service” for repeat violations, only to resurface under a different company name. These “chameleon” carriers are a primary target of the FMCSA program that will alter the way all motor carriers and brokers are tracked by the federal government.

The push to eliminate scofflaw carriers is somewhat personal to me. It was only a year ago that I handled a case that shined a light on the damage that “chameleon” carriers can inflict. In that case, an Oregon jury awarded my clients a $5.2 million verdict, but the accident that led to the case could have been avoided had the driver with the checkered driving past been identified and kept from the roads.

The URS takes a large stride toward doing just that. The proposal is currently in front of the White House Office of Management and Budget, and final wording of the new registration system is expected sometime this summer. I’m anxious to read the proposal in its entirety, but I am encouraged by the few details that have emerged. According to Transport Topics, the FMCSA proposes that the systems used for tracking identification, registration and financial responsibility be combined into one online system. Registrants would be required to update their information every two years.

In addition to taking aim at “chameleon” carriers, the URS also proposes that private carriers who haul hazardous materials interstate be required to show that they meet financial standards to do so.

Look for final verbiage of the Unified Registration System sometime in the next few months, and look for big changes in the commercial trucking industry soon thereafter.

Attorney Michael Leizerman has represented truck accident victims in legal cases across the country. If you or a family member has been injured in a crash with a commercial vehicle, contact an attorney who is experienced in making sure that all responsible parties are held accountable. Contact Michael at 800-628-4500. 

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Trucking Industry Gears Up for Roadcheck 2013

April 30, 2013
truck inspection

Roadcheck 2013 will take place June 4-6 across North America.

Every industry has at least one red-circle date on the yearly calendar. In the commercial trucking world, the weekend that plays host to Roadcheck safety inspections has achieved that status.

Since 1988, the Commercial Vehicle Safety Alliance, in partnership with other high-profile trucking industry organizations, uses one weekend in early June to set up random highway inspection checkpoints across North America. Inspectors for the CVSA flag vehicles that are ill-equipped, drivers who lack adequate credentials, and carriers that haven’t demonstrated safe trucking practices.

Roadcheck 2013 is set for June 4-6, and while it’s a weekend that leaves pedestrian vehicle drivers largely unaffected, its results have an intangible impact on anybody who uses highways from Canada to Mexico. During the Roadcheck 2012 weekend:

  • Inspectors conducted more than 74,000 commercial vehicle inspections.
  • More than 20 percent of all vehicles inspected were flagged with out-of-service orders.
  • 4.6 percent of all drivers were flagged as out-of-service.
  • The most common vehicle violation was “operating a vehicle without the required operable lamps.”

The Roadcheck program has blossomed into one of the most important commercial vehicle safety inspection events of the year. It’s a hand-on approach to making our highways safer by removing vehicles that are at the highest risk of causing catastrophic crashes and fatalities.

To pull off the event every year, the CVSA teams with the Federal Motor Carrier Safety Administration, the Pipeline and Hazardous Materials Safety Administration, the Canadian Council of Motor Transport Administrators, Transport Canada, and the Mexican Secretariat of Communications and Transportation. While the event is highlighted by the thousands of weekend inspections that will occur in early June, it’s actually part of a year-round series of initiatives wherein CVSA inspectors strive for compliance, enforcement and education of safe-trucking practices.

The program, now in its 25th year, is responsible for more than a million vehicle inspections. Estimates indicate that Roadcheck has saved more than 220 lives and avoided more than 4,000 injuries.

Numbers like those are certainly worthy of red-circle status on the annual calendar.

Attorney Michael Leizerman is a staunch supporter of initiatives that make our highways safer. If you or a family member has been injured in a crash involving a commercial vehicle, contact Michael at 800-628-4500.

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More News on the Trucking Industry’s Adoption of ELDs

April 5, 2013
Truck Accident attorney - electronic logging device

Studies show that as many as 35 percent of all large trucking companies are using electronic logging devices. (Photo credit / npr.org)

I often hear trucking companies and truck drivers complain that electronic logging devices don’t leave room to accommodate real-life driving situations. When I hear comments like that, I interpret it to mean, “ELDs keep me from being able to fudge my log books.”

Like it or not, ELDs are taking a foothold. Trucking industry studies indicate that, more and more, trucking companies are increasing their use of ELDs, perhaps in anticipation of a Federal Motor Carrier Safety Administration mandate that appears inevitable. The latest indicator is a study from Transport Capital Partners, which shows that 35 percent of carriers are already using electronic logging devices. That number is up from 25 percent in early 2012.

Even more encouraging, about 66 percent of the surveyed trucking companies reported that they were currently testing ELD devices in their trucks and another 10 percent are considering using ELDs but have not yet begun to do so.

Naturally, larger trucking companies are using ELDs more than smaller companies. According to the TCP report, 43 percent of carriers with $25 million or more in annual revenue are utilizing ELDs, while only 29% of smaller carriers – which sometimes lack the financial resources necessary to install new equipment – are using them.

In our view, this is all good news. I firmly believe that most truck drivers are honest, but during my years as a truck accident attorney I’ve seen drivers keep double, and even triple, log books. I once tried a case in which a driver kept an original log and a forged log, and remarkably both showed him over his hours-of-service limit.

Statistics like those from TCP offer proof that the trucking industry is on the right road. The FMCSA mandate is surely coming, and when it does it will provide greater accountability and verifiability to the trucking industry. Maybe by then, most trucking companies and truck drivers won’t even feel its impact.

Attorney Michael Leizerman represents victims of catastrophic truck crashes. If you or a family member has been injured in a crash involving a commercial vehicle, contact Michael at 800-628-4500.

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Trucking Industry Takes a Step Back with Skills Test Rule Reversal

March 28, 2013

We were in full support of the Federal Motor Carrier Safety Administration’s rule that required truck driving schools to send trainees to third-party instructors for skills testing. Objectivity, we believe, is critical in maintaining the integrity of truck driver training.

So we were somewhat disappointed when word came down earlier this week that the FMCSA – responding to objections by the American Trucking Association – reversed the rule. Beginning April 24, states can begin allowing truck driving schools to conduct skills-testing of the drivers they trained.

The new rule does stipulate that the skills-testing must be conducted by a different instructor at the school, but we were much more in favor of the previous rule that required an outside source to evaluate a driver’s skill set.

The ATA objected two years ago to the rule, contending that requiring drivers to be skills-tested by third-party evaluators was burdensome.

Maybe they were right.

But in striving to maintain safer highways, a “burdensome” requirement seems a small price to pay.   There are conflicts of interest to consider when we allow training schools to make pass-fail decisions while simultaneously concerning themselves with the business implications of those decisions.

Attorney Michael Leizerman is a nationally renowned advocate of trucking safety. He has represented victims of truck accidents nationwide, winning landmark cases for victims of accidents with tractor-trailers, 18-wheelers and other commercial vehicles. Email Michael today to discuss your case.

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Market Making Its Own Push for Standardizing EOBRs

March 19, 2013

Truck Accident attorney_EOBRs_ELDsWhile lawmakers and trucking industry officials continue to squabble over legislation that would mandate truck drivers’ use of electronic on-board recording devices, truck manufacturers are implementing advances in technology and taking matters into their own hands.

Most recently, Volvo unveiled its plans to collaborate with two telematics providers to offer factory-installed fleet management systems on heavy-duty trucks. The initiative furthers the company’s efforts to utilize advanced capabilities in remote diagnostics to increase efficiencies across the trucking industry.

Volvo will partner with fleet management services providers Telogis and Trimble, which offer a slate of fleet-tracking applications that help log hours-of-service records, driver safety practices and other data that is crucial in the ongoing fight to improve the safety of our highways.

I’ve made no secret of my support for trucking safety legislation that mandates the use of EOBR devices, which the Federal Motor Carrier Safety Administration now calls ELDs, or Electronic Logging Devices. While recognizing that there would be costs associated, I’ve stood firm in my belief that any such costs would be justified in lives saved and catastrophic injuries prevented. As a truck accident attorney who’s represented truck accident victims nationwide, I’ve heard numerous highway horror stories that tell of preventable truck accidents. In many cases, the use of ELDs to monitor the driving patterns of over-worked drivers could have saved lives.

Because of that, it’s my view that the widespread use of such devices is inevitable. I am encouraged to see companies such as Volvo further the cause by offering fleet management systems ahead of any government mandate.

Truck accident attorney Michael Leizerman represents victims of truck accidents who were injured or killed due to the reckless behavior a truck driver or trucking company. If you believe you or a family member has been involved in an accident with a commercial vehicle, contact Michael at 800-628-4500.

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IIHS Calls for Better Tractor-Trailer Underride Guards

March 16, 2013

Truck Accident attorney, underride guardsTractor-trailer underride guards have saved countless lives by preventing passenger cars from sliding beneath an 18-wheeler during an accident. But as personal injury attorneys who have represented victims of catastrophic truck accidents, we’re glad to see that the industry strives for even more reforms concerning underride guards.

The Insurance Institute for Highway Safety believes underride guards can do even more good, and results from some of their recent crash tests shed some light on improvements that can be made.

While recognizing that the trucking industry has greatly improved underride guard standards in recent years, the IIHS recently conducted tests that highlight where deficiencies continue to exist. In particular, the IIHS study found that drivers of cars that slam into either rear corner of a tractor-trailer are still at great risk of sliding under the vehicle.

The insurance group’s findings showed that underride guards were extremely effective in preventing underride in accidents involving cars that crash squarely into the rear of a tractor-trailer. But in test crashes where only a portion of a car’s front end made contact with the rear of a large truck, the underride guards were at risk of buckling or splintering from the trailer. In those cases, the driver of the passenger vehicle was at risk of sliding beneath the truck and suffering more extensive, life-threatening injuries.

We salute the IIHS for continuing to bring this matter to the public’s attention. And we pass along its study’s findings as a reminder that we should never stop striving for improved highway safety, even as it concerns a matter that has made great strides already.

Personal injury lawyer Michael Leizerman is a truck accident attorney who represents drivers and their family members suffering from catastrophic accidents with commercial vehicles. If you believe you have a case against a truck driver or trucking company, contact Michael at 800-628-4500.

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New FMCSA Data includes Lack of Seat Belt Use

February 14, 2013

Last month, the Federal Motor Carrier Safety Administration (FMCSA) released safety data from 2011, including the following:

  • One-third of truck occupant fatalities occurred when occupant was not wearing a seatbelt;
  • 64% of large truck fatal crashes occurred on rural roads;
  • of the 530 fatal crashes in work zones in the country, 27% — or 144 — of them involved large trucks;
  • nearly half of all truck and bus fatal crashes occurred in these 10 states: California, Florida, Georgia, Illinois, Indiana, New York, North Carolina, Ohio, Pennsylvania and Texas.

iStock_000016720495XSmallAnne Ferro, FMCSA administrator, says that officials are “scratching their heads” over the increased truck occupant fatality rate, according to industry magazine Transport Topics. The FMCSA is looking into why so many large truck drivers are not wearing seatbelts and what can be done differently to encourage or enforce seatbelt use.

 

If you are a truck driver who is reading this blog, I encourage you to please wear your seatbelt. Another many excuses not to — it doesn’t fit, uncomfortable, how will I get out if I run off a bridge and I’m submerged in water and others. It doesn’t fit, purchase a seatbelt extension. The statistical chance of you running off a bridge submerging and water are so remote compared to an on-the-road collision that it simply is not a good argument. And sorry if its uncomfortable; it’s the responsible thing to do for you and your family.

Michael Leizerman is a truck accident attorney who sues truck drivers and truck companies when they kill or injure people in collisions. He handles many truck/car collisions, truck/bus collision, truck/train collisions and also truck/truck collisions in which one tractor trailer crashes into another.

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Thirty-Five People, Mostly Students, Injured after “Dream” Tour of Harvard University

February 5, 2013

 Destined for our Dream foundation inspires students through life coaching over a 27 week “Dream Academy” that culminates in a tour of one of four college campuses, according to founder Eric Waller-Hill, a former Olympic shot put hopeful. This Saturday, the kickoff tour to Harvard University ended in horror as the charter tour bus slammed into an overpass. 35 people were injured, according to Massachusetts State police, at least one in critical condition.

Bus driver Samuel J. Jackson failed to heed warning signs of height restrictions when he Harvard bustraveled on Soldiers Field Road, a street with a 10 foot height restriction where oversize vehicles are not permitted. Jackson was using his GPS at the time, which brings back memories of the Syracuse, New York bus crash in 2010 when the double-decker mega bus driver was using a GPS and crashed into a low overpasses, killing four.

The motor carrier of the bus is Ray Talmadge, who does business under the name Calvary Coach. Talmage has been targeted by the Federal Motor Carrier Safety Administration (FMCSA) for prioritized intervention due to a high efficiency level in hours of service compliance. It’s two buses had four federal violations in 2011, although none of them are serious enough to be considered out of service violations. The violations all involved the failure to keep a current logbook documenting the bus drivers hours of service. Log books and hours of service regulations are important help identify and deter driver fatigue.

I wonder if Garmin or other GPS providers will market GPS devices for commercial motor vehicles that warned of low overpasses. That certainly would have been helpful the Harvard and Syracuse bus crashes.

Do you have questions about your rights following a truck or bus crash? Ask Attorney Michael Leizerman at michael@leizerman.com or call 1-800-628-4500.

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Who will be Secretary LaHood’s replacement?

January 31, 2013

Transportation Secretary Ray LaHood announced his resignation from President Obama’s Cabinet earlier this week. LaHood will be remembered largely for advances in airline safety and consumer rights, such as introducing new pilot fatigue guidelines and imposing fines for passengers stuck on airplanes during tarmac delays.

At the same time, LaHood refused to roll-back the hours of service requirements of truck LaHooddrivers from a maximum 11 hours to the old requirement of a maximum 10 hours. The positions and leadership of the new Secretary–whoever that may be–in the area of truck safety can make a huge difference in the number of deaths and injuries on our highways in the coming years and decades. In addition to hours of service regulations, major issues in the short term include requiring electronic log devices in the cabs of trucks, increasing the minimum insurance limits for commercial motor vehicles (which have not been increased since 1980), and continued attention to so-called “chameleon carriers” or “reincarnated carriers” — trucking companies who flagrantly violate federal regulations and, when caught, simply form a new company.

I have heard the following names floated around as potential choices for the new Secretary of Transportation: former Congressman Jim Oberstar, L.A. mayor Anthony Villaraigosa, current National Transportation Safety Board Chair Debbie Hersman, and former Michigan Governor Jennifer Granholm. And the coming weeks may reveal new potential candidates. My hope is that we find a candidate who understands both the concerns of industry and safety advocates. I believe that investments in transportation in our country, particularly in infrastructure, can greatly help the economy and improve our quality of life while we continue to increase safety.

For example, construction work to improve the quality of our interstate highways creates numerous jobs. Developing high-speed rail across the country—which has continually run into standstills in this country while Europe and Japan outperform us—could greatly increase the quality of life, help businesses and reduce roadway congestion. Federal regulations can be adopted, similar to what was adopted in California just months ago, to safely develop self-driving cars. And we can otherwise encourage or mandate the use of safety features that reduce the number of fatalities on our nation’s roads.

I look forward to seeing a Transportation Secretary appointed who is up to these challenges and more to help our country keep up and move forward.

Truck accident attorney Michael Leizerman is the author of the three-volume treatise “Litigating Truck Accident Cases.” Contact him at 419-243-1010.

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Seeking Uniform Regulations for Oversize/Overweight Trucks

January 28, 2013

The American Association of State Highway and Transportation Officials (AASHTO) is in oversize load croppedthe process of reviewing and attempting to standardize state regulations for oversize/overweight trucking loads. In November 2012, AASHTO passed a resolution to review regulations concerning escorts for oversize loads, as well as requirements for warning flags lights, signs, and days and hours of operation. I welcome efforts in this area and look forward to seeing proposed uniform standards.

I have handled several cases involving oversize and overweight loads. When I first got into these cases, I was surprised that there were not uniform standards. For instance, some states make it illegal for a rear pilot car operator following behind oversize load to use a remote control unit to steer the rear of an extra-long trailer (sometimes well over 200 feet), while in adjacent state may permit it. I believe this practice is highly dangerous and violates the standard of care in the industry; nonetheless, the be helpful to have this put into place is a clear law.

In addition to industry concerns, I urge AASHTO to take into consideration, first and foremost, highway safety and to include clear regulations on remote control operations as part of its new standards.

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