Truck Accident Law by Michael Leizerman

Anti-Indemnification Laws Aim to Hold At-Fault Parties Responsible

January 18, 2013

Put in the simplest terms, trying truck accident cases – or any personal injury legal matter, for that matter – is about holding an at-fault person or entity responsible for their negligence.

With that in mind, we were proud to have played even a small role in helping Michigan shape its recently passed anti-indemnification law, which protects trucking companies from being held responsible for accidents that result from the negligence of a shipper. When Michigan Gov. Rick Snyder signed the legislation earlier this month, Michigan became the 36th state in the country to pass an anti-indemnification law. With my years of courtroom experience in handling truck accident litigation, I was pleased that trucking lawyers in Michigan – the state in which I was born and raised – asked me to review the legislation prior to it being introduced.

Anti-indemnification law is a complex matter, to be sure, which is in part why states like Michigan only recently passed such legislation, and why more than a dozen other states have yet to. But it’s important to point out that Michigan legislators passed this law with the full support of the Michigan Trucking Association.

Until now, large shippers often held power over the smaller trucking companies, and included in their contracts indemnification clauses that protected shippers from being held liable for accidents that were in fact a result of their wrong-doing. Under the new legislation, these clauses are now illegal.

In the end, it comes down to common sense and holding negligent parties responsible for their actions.

Just the way our parents taught us.

Were you or a family member involved in an accident with a commercial truck? Would you like to see that the negligent parties are held responsible for their role in the accident? Contact truck accident attorney Michael Leizerman at 800-628-4500. 

LinkedInShare

Blog Home


Tagged , , , | Leave a comment

High-Tech Gadgets Help Truckers Comply with HOS Regulations

January 16, 2013

Similar to how companies like Apple long ago put our music collections on our cell phones, other tech-based businesses have made huge strides in simplifying life for truck drivers and the carriers that monitor their driving patterns.

GPS technology has become a standard tool of the road for drivers everywhere, guiding people to points all around the world. More recently, electronic on-board recorders have made waves in the trucking industry for their ability to accurately log hours-of-service driven by truck drivers.

Now Arizona-based GPS Insight, maker of numerous GPS tracking devices, has merged those two technologies and will feature its newest product during a Jan. 17 webinar. The EOBR-1000 is being billed as a remedy to the log book headache suffered by truck drivers required to track their every move in order to comply with hours-of-service limits and regulations.

For smaller carriers seeking a more cost-effective solution, BigRoad and the National Association of Small Trucking Companies have partnered to create a smartphone app designed to track driver activity. Both tools are excellent examples of how technology is being used to make life for truck drivers easier and our highways safer.

The GPS Insight device, compliant with Federal Motor Carrier Safety Administration standards, eliminates the need for drivers to manually log their daily driving performance, and automatically generates driver violation and driver availability reports.

Like many of the on-board recording devices that have been sold in recent years, the EOBR-1000 is likely to have supporters and, citing money matters, critics. But from a clerical standpoint, there is little doubt that electronic on-board recorders provide convenience and accuracy that make them preferable to traditional tracking methods.

Have you or a family member been involved in an accident with a commercial vehicle? Contact truck accident attorney Michael Leizerman at 419-243-1010. 

LinkedInShare

Blog Home


Tagged , , , | Leave a comment

Truck Driver Break Laws at Issue in Federal Appeals Court

December 27, 2012

Anybody with a connection to the commercial trucking industry should pay careful attention to a pending federal appeals court ruling concerning California’s law on truck driver breaks.

Whichever ruling the court hands down has the potential to send ripples across the trucking industry nationwide.

At issue is California’s meal- and rest-break law, which mandates that employees who work 10 hours or more be given two half-hour meal breaks and two 10-minute rest breaks. The law is counter to the Federal Aviation Administration Authorization Act of 1994, which doesn’t allow states to impose laws that interfere with motor carriers’ rates, routes or services. As a result, a lower federal court previously exempted carriers from complying with the California law, but three Penske drivers have appealed.

The appeals court decision, which isn’t expected for months, has the potential to alter the ways in which the trucking industry operates. Potentially, truck drivers could be forced to comply with varying hours-of-service limits from one state to the next. Some states require employers to provide a 30-minute meal break every six hours. Others require a 30-minute break between the second and fifth hour. Considering the inter-state travels of many commercial trucks, an assortment of differing rules by state would create a confusing and potentially impossible-to-navigate world of commercial transportation.

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

LinkedInShare

Blog Home


Tagged , , , | Leave a comment

FMCSA Continues Grappling with Entry-Level Truck Driver Training Rules

December 10, 2012

When you consider all that has happened in this country in the past two decades, it’s somewhat remarkable to then think about one thing that hasn’t happened.

We’re still trying to establish entry-level truck driver training requirements.

The Federal Motor Carrier Safety Administration continued down the long road to creating those standards when it recently approached its advisory committee for help. There have been a number of hurdles that the FMCSA has long had trouble clearing. A federal court gave word back in 2003 that requirements must include on-the-road training in addition to classroom instruction, a mandate that has raised a number of practical questions.

How will FMCSA accredit such training programs? What will be the cost of such a program? And how will new regulations affect the number of people who decide to launch a career as a truck driver?

Those are big questions with important answers. But it’s a bit startling that the FMCSA has grappled with the issue for about 20 years and is still working on creating a clearly defined set of minimum training requirements for entry-level commercial drivers with which all parties involved are content.

If you or a family member are suffering as a result of a crash with a tractor-trailer, charter bus or other commercial vehicle, contact truck accident attorney Michael Leizerman at 419-243-1010. 

LinkedInShare

Blog Home


Tagged , , , | Leave a comment

Trucking Industry Shouldn’t Compromise Traction for Fuel Savings

December 5, 2012

As a proponent of measures that lessen the trucking industry’s impact on the environment, I am in full support of programs such as SmartWay that continue to seek out ways to increase fuel efficiency and reduce greenhouse gas emissions.

But those advances must be adopted wisely. We shouldn’t compromise something as important as public safety in an effort to improve our environmentally friendly business practices.

SmartWay is an Environmental Protection Agency program that takes aim at reducing transportation-related emissions by creating incentives to improve supply chain fuel efficiency. It’s a noble endeavor, one that has pressed the trucking industry to operate more efficiently on a number of levels. The program’s push to get tire manufacturers to design tires that deliver more tread life and better fuel efficiency are worthy.

But the concerns of some trucking industry officials shouldn’t go unheard. Some have voiced concerns that new tire designs – while longer-lasting and more fuel-efficient – sacrifice traction, an obviously crucial tire quality that all parties should be cautious to forego in favor of any environmental benefit.

Tire manufacturers have many factors to consider when designing their products, and certainly durability and cost are among those factors.

Surely performance should rank at the top of that list.

Were you or a family member injured in a crash with a commercial truck? Contact Michael Leizerman at 419-243-1010. 

LinkedInShare

Blog Home


Tagged , , | Leave a comment

FMCSA Shuts Down Trucking Company for Repeat Violations

November 30, 2012

There are numerous ways to promote improved highway safety, from pushing for safer commercial vehicle equipment to demanding that truck drivers be rested and healthy. Getting high-risk drivers and vehicles off the road is at the top of that list.

The Federal Motor Carrier Safety Administration strives to do just that, and reminded the trucking industry of its power last week when it tagged C & D Transportation, Inc. of Illinois with orders to close its operation immediately. The FMCSA called C & D Transportation “an imminent threat to public safety” following numerous infractions involving negligence on the part of the both the company and its drivers.

According to a release issued by the FMCSA, C & D failed to ensure that its drivers met Commercial Driver’s License or English-proficiency requirements; was cited for being in violation of vehicle weight limits; and has committed records-of-duty status violations. For those and other safety violations, C & D had previously been issued an “out-of-service” order, but continued to operate by renting its vehicles. One of those vehicles was involved in a crash, according to the FMCSA release.

I have devoted my professional career to protecting truck accident victims, but I am equally passionate about society taking measures to protect people before they become victims. Those measures includes regulations such as vehicle weight limits, CDL requirements, and hours-of-service records.

The latest news about C & D Transportation is a refreshing reminder that those measures have the strength and backing of the FMCSA.

If you’ve been involved in an accident with a commercial truck or bus, make sure your rights are protected. Contact truck accident attorney Michael Leizerman at 419-243-1010.

LinkedInShare

Blog Home


Tagged , , , | Leave a comment

Trucking Industry Pushes for Uniform Toll Collection System

November 28, 2012

This time of year more than any, we sympathize with a person’s frustration at waiting in line. But more serious than throngs of angst-ridden Wal-Mart shoppers are truck drivers and the hassles they endure as they navigate our nation’s toll-road systems.

We support truck drivers and trucking industry officials who are almost unanimously in support of adopting a nationwide toll-collection system that will help drivers do their jobs more efficiently, cost-effectively, and safely. Yes, safely.

By asking truck drivers to spend valuable time and cost inching through toll plazas, we put a further strain on the number of miles they’re able to cover in a given 11-hour period. As a result, drivers are tempted to exceed truck driver hours-of-service limits and log additional miles without getting appropriate amounts of rest.

The problem worsens when trucking company demands press drivers to make up for the time they lose waiting in toll plazas. Even worse, in an attempt to avoid inefficient toll stops, trucking companies often send drivers on toll-free routes that aren’t optimal for commercial vehicle traffic.

To remedy the problem, many in the trucking industry have suggested that we adopt an inter-operable electronic tolling system that will allow drivers to use one toll pass nationwide. Such a system would likely be a costly endeavor, to be sure, but the long-term benefits would include saving time, money and lives.

Were you the victim of a crash with a tractor-trailer, bus or other commercial vehicle? Contact truck accident attorney Michael Leizerman at 419-243-1010. 

LinkedInShare

Blog Home


Tagged , , | Leave a comment

FMCSA Launches New Pre-Employment Screening Program

November 28, 2012

At a time when reports indicate there will be a growing need for more truck drivers over the next decade, the Federal Motor Carrier Safety Administration announced some welcome news.

Carriers and trucking companies, charged with having to hire more drivers with proven track records behind the wheel, now have at their disposal the FMCSA’s newly expanded Pre-Employment Screening Program. The PSP makes available a driver’s record that includes a three-year crash history as well as a five-year roadside inspection history.

The program has long been available to carriers and companies involved in the hiring of commercial drivers, but the newly expanded version makes it an even more valuable tool to help hiring managers make more confident hiring decisions. Safety data in the PSP system is more accessible than ever before, and is available in traditional online formats as well as through recently launched iPhone and iPad apps.

Having worked as an attorney in truck accident cases across the country, I’ve seen first-hand the ramifications of letting irresponsible or unqualified truck drivers operate large commercial vehicles. It’s a challenging profession that requires skilled operators, and I am in full support of any program that provides assistance to carriers and trucking companies in identifying which drivers have those skills and qualifications.

Were you or a family member involved in a crash with what you believe is an at-fault commercial driver? Truck accident attorney Michael Leizerman and the legal professionals at TruckAccidents.com can help. Call 800-628-4500. 

LinkedInShare

Blog Home


Tagged , , , | Leave a comment

Truck Driver Obesity Linked to Higher Rate of Preventable Truck Crashes

November 23, 2012

Health and fitness have become high-priority in all segments of society. Even here at TruckAccidents.com we put an emphasis on employee health. So it should come as little surprise that the commercial trucking industry is feeling the impact too.

Plenty has been written about the importance of truck drivers maintaining good health. Truck stop gyms have begun to appear at stops across the country. Now more evidence draws a connection between truck driver health and crash risks with the release of a recent study by the University of Minnesota. The study indicates that severely obese truck drivers – who are more likely to suffer from sleep apnea – are more likely than their colleagues to be involved in a preventable crash during their first two years on the job.

The study looked at the body mass index ratings of more than 700 truck drivers. Those with a BMI of 35 or higher were deemed “severely obese,” and were found to be 54% more likely to be involved in a crash.

Officials at Minnesota who guided the research project went on to conclude that obstructive sleep apnea, a condition that causes sufferers to stop breathing periodically throughout the night, was likely to blame for the heightened crash risk. Studies analyzing the connection between crash risks and sleep apnea continue, but government regulators have already recognized that a link does exist.

The Federal Motor Carrier Safety Administration is considering action, and plans to call for screenings that will detect whether obese truck drivers suffer from obstructive sleep apnea. The FMCSA plan would also prevent sleep apnea sufferers from driving commercial rigs until they receive treatment for the condition.

This is welcome news, for the well-being of truck drivers and the safety of everybody on the roads.

Were you involved in an accident with a commercial vehicle? Contact truck accident attorney Michael Leizerman at 800-628-4500. 

LinkedInShare

Blog Home


Tagged , , , | Leave a comment

Truck Driver Reaction may have Saved Lives in Arizona Bus Crash

November 22, 2012

The heroics of commercial truck drivers often go unreported, but it appears likely that the quick response of a big-rig operator prevented a bad accident near Phoenix from turning drastically worse.

A charter bus carrying 15 passengers collided head-on with a pickup truck on Interstate 10 in Casa Grande on Tuesday, Nov. 20, about 50 miles south of Phoenix. The driver of the pickup was killed and nine passengers aboard the bus suffered non-life-threatening injuries.

In the wake of the accident, an 18-wheeler plowed into the side of the bus, according to Arizona Department of Public Safety officials, but the truck driver apparently was able to ensure that damage from the secondary collision was minimal.

While the investigation into the cause of the crash continues, the incident underscores the importance of truck drivers being fully alert and in control of their rigs. It is why I am such a staunch supporter of trucking industry regulations that ensure truck drivers are qualified operators, and why I fight diligently to remove safety violators from the road.

The Federal Motor Carrier Safety Administration leads this battle by identifying, creating and promoting safety regulations that make our highways safer for all drivers. As I learned when I earned my Commercial Driver’s License, driving a big rig is challenging work. We all rely on skilled operators to prevent major catastrophes from occurring, or – as was the case in Arizona – to prevent major catastrophes from turning even worse.

Truck accident attorney Michael Leizerman is the author of the three-volume series “Litigating Truck Accident Cases.” If you or a family member has been involved in a crash with a tractor-trailer, call 800-628-4500.

(Photo credit: Oscar Perez / Casa Grande Dispatch)

LinkedInShare

Blog Home


Tagged , , , | Leave a comment