In this Blog category you will find articles about big commercial trucks accidents with a motor vehicle and how to avoid them. Personal Injury suits and insurance claims may require the help of an attorney. A good lawyer can protect your rights under the law.
"The common response is 'Well, I didn't have it up to my ear.' Well, it doesn't matter, if you're holding the phone, if you're touching your phone other than the one swipe, it's a violation."
Truck and bus accidents caused 4,440 fatalities and 119,000 injuries on U.S. roads in 2016, according to the National Highway Traffic Safety Administration’s annual report. Large commercial trucks pose a danger to smaller passenger vehicles on the roadway. Due to the possibility of serious accidents, the Federal Motor Carrier Safety Administration requires every motor carrier to systematically inspect, repair, and maintain their vehicles. Unfortunately, many motor carriers fail to take this responsibility seriously and allow improperly maintained trucks to take to the road.
Types of Truck Maintenance Errors That Lead to Accidents
The National Highway Traffic Safety Administration reports that […]
When you think of commercial vehicles, you likely think of the long-haul truckers you see on the highways, transporting goods across the country to all of our favorite stores. However, there are many commercial trucks that you likely see right in your own neighborhood on a regular basis. These vehicles are such a familiar sight that you probably do not consider the risks of injuries they pose, as any type of large truck can cause serious accidents.
Garbage trucks – Garbage and recycling collection is necessary to keep Portland neighborhoods clean and sanitary. Such services require large vehicles that […]
The Federal Motor Carrier Administration’s two-year timeline for adoption of the use of Electronic Logging Devices (ELDs) by the trucking industry received a 90-day extension by the current administration to allow truckers and carriers to ease into the ruling. From December 2017 to April 2018, any truck driver caught without an ELD will be cited but allowed to continue driving, as long as the driver is in compliance with hours-of-service rules.
In December of 2015, the U.S. Department of Transportation’s Federal Motor Carrier Safety Administration (FMCSA) announced a Final Rule requiring truckers […]
In August 2017 the administration put the brakes on a year-old effort to find ways to diagnose truckers who may have sleep apnea, a serious health condition linked to crashes.
In its zeal to block and limit regulations, the administration determined not to issue a notice of proposed rulemaking on sleep apnea as a cause of truck crashes, and the Federal Motor Carrier Safety Administration (FMCSA) said that “the current safety programs” and other rules “addressing fatigue risk management are the appropriate avenues to address the issue.”
FMCSA Delays Effort to […]
According to the U.S. Department of Transportation, approximately 4,000 people were killed in collisions involving underride between 1994 and 2014. Of that number, about 1,530 were related to side underride crashes. Recent tests by the Insurance Institute for Highway Safety show that protective side panels at the bottom of trucks would prevent deaths from passenger vehicles sliding underneath.
Platooning trucks digitally-connected, driving in formation boosts fuel economy, limits traffic congestion and improves highway safety, yet lack of uniformity of state traffic laws is holding back its widespread use.
What is Truck Platooning?
Platooning is a driving strategy that features trucks traveling in a line, connected using vehicle-to-vehicle (V2V) technology. The truck in front controls the braking, acceleration, and distance of following trucks, with the distance between trucks decreased to reduce wind resistance between them. This reduces drag on the truck in front and those in back, causing more fuel efficiency […]
The current administration’s goal to remove two existing regulations for each new one and cap the cost of new regulations, when applied to the trucking industry, may backfire. Many in the trucking industry believe that the government’s goal to eliminate “unnecessary rules” that supposedly are bad for business threatens the safety of truck drivers and other motorists who share the road.
Truck driver is one of the deadliest occupations in the U.S. From 2010 to 2015, truck driver fatalities rose 11.2 percent, with 745 drivers killed on the job in 2015. What makes this occupation so dangerous?
Long hours, low pay, and tough working conditions has a created an annual turnover rate of truck drivers to near 100 percent. Trucking industry experts say that the demand for rapid delivery due to the rise of online shopping has put more trucks on the road, contributing to higher incident rates for accidents and deaths. They say that the push to deliver the load, in too many cases, forces drivers to choose between productivity and safety. Due to de-regulation and de-unionization of the trucking industry, drivers have been incentivized by the pay-by-the-mile system to push themselves to maximize revenue from each shift, with more time driving and less time sleeping.
Administration Rolls Back Hours of Service Rules
The Hours of Service Rules for truck drivers set down by the Federal Motor Carriers Safety Administration (FMCSA) in 2013 limited a driver to work no more than 70 hours a week, with an eleven hour driving limit per day followed by 10 consecutive off-duty hours, and two consecutive 1am to 5am rest periods during a 34 hour restart. In December 2016, congress caused the FMCSA to suspend the requirement of rest periods.
The FMCSA pointed to research that showed that fewer rest periods coincide with less attentive drivers who were more likely to drift between lanes. Teamsters General President James P. Hoffa also came out strongly against the administration’s ruling, saying “It fails to recognize the benefit of well-rested truckers to overall highway safety. The rollback of these rules is short-sighted and one that could jeopardize the lives of Americans traveling on the nation’s thoroughfares. Truckers, like most of us, do their job better when they get proper rest.”
Trucker Sleep Apnea Study Halted
The U.S. National Transportation Safety Board (NTSB) has been calling for better screening of truck drivers for sleep apnea since 2009. Sleep Apnea is a serious disorder that occurs when a person’s breathing is interrupted during sleep. People with untreated sleep apnea stop breathing repeatedly during their sleep, sometimes hundreds of times. Even brief episodes can disrupt normal sleep patterns and trigger fatigue and the need to sleep during the day.
In 2017, the Trump administration halted a year-old effort to seek better ways to screen truckers for sleep apnea, which has been linked to deadly accidents. According to a study released by the Federal Motor Carrier Safety Administration (FMCSA), fatigue and sleep deprivation is the most common cause of truck accidents due to driver error. […]
Media reports of trucking companies in California forcing their drivers into debt and pressuring them to work up to 20 hours a day while paying them pennies per hour has caught the attention of a group of high-profile Democratic Senators and Representatives.
Senators Elizabeth Warren, Dianne Feinstein, and Kamala Harris joined Senator Sherrod Brown in sending letters to 16 top US retailers, requiring them to state what actions they have taken to identify and rid worker abuses from their supply chain by cutting ties with port trucking companies committing labor violations.
As federal legislators, the senators have drawn a line in the sand, stating their intent to aggressively pursue all federal avenues to ensure that all port trucking companies comply with state and federal laws that protect the economic security and health and safety of workers.
While Home Depot has changed trucking companies, no longer using those named, and some retailers say they have taken steps to identify abusive companies in their supply chain, other retailers have either said they were unaware of violations or are not responsible for monitoring contractors and subcontractors in their shipping operation.
Big companies doing business in California by law must disclose what efforts they make to monitor their overseas supply chain, but are not required to apply those standards to their U.S. shipping operations. In California, state Rep. Ricardo Lara said he is drafting a bill to change California law to require companies to disclose how they audit their operations at American ports.
Port Trucking Companies Accused of Modern-Day Indentured Servitude
To finance their fleet, port trucking companies use so-called independent drivers who must sign truck lease purchase contracts requiring them to pay all expenses for the use and maintenance of their trucks from the low wages they receive.
If they fall behind with payments or refuse to work up to 20 hours a day, beyond federally mandated limits on hours of service, the company can fire them, seize the truck and all money the driver has paid toward buying it.
Retailers Enable Port Trucking Company Labor Abuse
For over a decade, major US retailers have been able to ignore signs of port trucking labor abuses because there are no laws requiring them to police their U.S. shipping vendors or the subcontractors those vendors hire.
In fact, as port drivers continue to be treated as modern-day indentured servants, retailers have paid lobbyists tens of millions of dollars to fight bills that would protect the rights of truckers.
A lobbying group of retailers, shippers and trucking companies led by retailer Target called the Coalition for Responsible Transportation has even fought port trucking-specific bills that would have enabled agencies to punish trucking companies for violations of existing labor laws.
Drivers Seek Recourse with Labor Commissioner and Courts
In July, Rep. Alan Lowenthal, D-Calif and Rep. Peter DeFazio, D-Oregon called on regulators to begin working with state officials to coordinate efforts to enforce labor laws, and said they may seek to compel federal and state coordination if the agencies do not quickly take steps on their own.
Meanwhile, drivers have had some success with filing complaints against port-trucking companies with the California Department of Labor Standards Enforcement. In nearly half of those cases, the Labor Commissioner’s office determined that the drivers, working set hours for one employer, were in fact employees, not independent contractors, and therefore owed stolen wages and penalties.
Drivers have also taken their case to court as employees in dozens of individual and class action law suits to address violations of the California Labor Code; and in over 97% of the cases, judges have sided with drivers. […]
Major US retailers for over a decade have chosen to ignore signs of labor abuses within their supply chain, as port trucking companies force their drivers into debt, making them work up to 20 hours a day, sometimes paying them pennies per hour.
To get from manufacturer to retailer, goods are transported by port trucking companies that use independent drivers, often coercing them to sign truck lease purchase contracts they don’t understand. A driver must then pay all expenses for the use and maintenance of his truck from the […]