Archive for the ‘Truck Accident Law’ Category

Legislation to Allow Heavier Trucks on U.S. Roadways

Tuesday, November 22nd, 2011

Earlier this year, Senator Olympia Snowe, a Republican from Maine, introduced the Commercial Truck Safety Act.  Despite its name, the bill is designed not to increase safety, but to decrease it. Snowe is the ranking member of the Senate Committee on Small Business and Entrepreneurship, as well as a senior member of the Senate Committee on Commerce, Science, and Transportation – the committee which oversees trucking safety issues. Unfortunately, in this bill her pro-trucking, anti-safety leanings are more than evident.

The bill’s stated goal is to eliminate “inequitable government regulation” which currently keeps heavier trucks off of many Interstate highways. In introducing the bill, Snowe  referred to the nation’s unemployment rate and struggling industrial towns, but made no reference to how she believed that placing heavier trucks on more U.S. highways will increase safety.

Under the current state of the law, trucks weighing above 80,000 pounds are not permitted on Interstate Highways. But 27 states have been granted permanent exemptions to the rule, allowing trucks of up to 100,000 pounds.

If the Commercial Truck Safety Act is passed, states will no longer need to seek individual exemptions to the 80,000 pound weight limit from Congress. Instead, states could simply ask the Secretary of the U.S. Department of Transportation to grant a permanent waiver to the restriction. The Secretary of Transportation (currently Ray LaHood) could then create a three-year pilot program eliminating the weight limit.

A “safety committee” would report to the Secretary at the end of the three-year period, together with a recommendation of whether to reinstate the weight limits. But the decision would rest entirely with the Transportation Secretary.

Whatever the pretensions of the bill’s supporters, it is clear what the outcome will be once this process has begun. After three years of unlimited access to Interstate highways for heavier trucks, the trucking industry will argue that it would be far too costly to return to previous restrictions. Our trucking accident attorneys know that once removed, the current weight limits will be gone for good.

But we also know that heavier trucks are more dangerous trucks. The heavier a commercial truck is, the harder it is to control, the more likely it is to be involved in an accident, and the more devastating the accident.

If you have any questions about a serious truck accident, please give us a call us at 312-527-4500 or email us at info@passenlaw.com for a complimentary consultation. You can also learn more by following us on Twitter, reviewing our LinkedIn or Avvo.com pages, and by reviewing our website.

share save 171 16 Legislation to Allow Heavier Trucks on U.S. Roadways

Driving the Most Dangerous Part of America’s Jobs

Wednesday, October 12th, 2011

When most people think of on-the-job-injuries, they think of falls, working with heavy machinery, factory or construction site injuries, and even chemical spills and exposures. However, the single leading cause of work-related deaths is far more commonplace: motor vehicle accidents.

Over one-third of all work-related fatalities stem from motor vehicles. According to data kept by the U.S. Bureau of Labor Statistics, over 1,300 American workers are killed each year in highway crashes. Over 300 more American workers die each year in crashes that occur on company property, or non-highway roads. And nearly 350 American workers die each year when, as pedestrians, they are struck by cars and other vehicles.

This cost in human life is astounding – and these do not even include the thousands of U.S. workers injured or disabled by work-related motor-vehicle crashes each year.

Yet there is another level of cost, as well. Motor vehicle accidents cost American employers almost $60 billion each year. Each fatality, in addition to the very real personal costs, costs employers over a half a million dollars, while non-fatal motor vehicle injuries cost employers almost $75,000 each.

As our car accident attorneys know only too well, unlike other types of on-the-job injuries, motor vehicle accidents span nearly every job type and industry.

Lack of Regulation

Perhaps most obviously, professional drivers (such as bus or truck drivers) may be involved in on-the job crashes.  But nearly every other type of worker may, frequently or from time to time, driver a work-owned or personal vehicle for purposes of their employment. For example, workers may be sent to call on current or prospective customers or clients, may be asked to drive to purchase or obtain goods or supplies, or may be sent on other errands.

While bus and truck drivers are heavily regulated to prevent crashes, workers who drive smaller vehicles in the course of their employment need only have a valid personal driver’s license.

In this regulatory gap, employers can enact policies that will help reduce the risks for their employee drivers and the public. For example, employers can enact policies that aim to eliminate or reduce distracted driving, a principal roadway risk. Employers can prohibit workers from eating or drinking while driving, talking on cell phones, or texting.

Our car accident attorneys encourage all employers to enact such policies, and provide regular safe-driving training for all employees who drive on the job. In fact, the failure to adopt such policies, particularly when driving is a common part of some employees’ job duties, may well be negligent. If you have questions about how to draft or implement such policies, talk to a qualified attorney.

If you have any questions about a serious injury or wrongful death, please give us a call us at 312-527-4500 or email us at info@passenlaw.com for a complimentary consultation. You can also learn more by following us on Twitter, reviewing our LinkedIn or Avvo.com pages, and by reviewing our website.

share save 171 16 Driving the Most Dangerous Part of Americas Jobs

‘Understanding Distracted Driving’ Aims to Reduce Crashes

Tuesday, October 11th, 2011

distracted driving chart 300x224 Understanding Distracted Driving Aims to Reduce CrashesThe experienced car accident attorneys of Passen Law Group have frequently written about the dangers of distracted driving. Now, a new video series from the National Safety Council, based here in Illinois, aims to fight this problem with honest, straight-talk discussion of the risks.

See chart from The University of North Carolina Highway Safety Research Center addressing the types of distractions facing drivers.

Understanding Distracted Driving

The new series, titled “Understanding Distracted Driving,” is made up of a series of individual videos featuring NSC Senior Director of Transportation Initiatives, David Teater. But Teater is far more than just a talking head.

To the contrary, Teater knows only too well the true personal costs of distracted driving. Teater’s 12-year-old son was killed by a distracted driver in a tragic car crash.

In others, he answers typical questions about distracted driving, provides analysis on how cell phones can cause cognitive distractions, even when used hands-free, and provides advice on how companies can reduce the dangers of distracted driving for their employees.

There are a number of laws in place in Chicago and statewide which prohibit or limit distracted driving. Drivers are banned from using cell phones while driving in the city, for example. Likewise, throughout the state, cell phone use is banned in school zones and construction zones. Texting while driving is also banned, under any circumstances, statewide. And school bus drivers, as well as drivers under 19 years of age, may not use cell phones while driving.

But the reality is far more complex. Those who live or work in Chicago know that the law prohibiting cell phone use is honored more in the breach than in the observance. This is often the case as to the cell phone restrictions statewide, as well.

The true reality is that, while many now know of accidents caused by distracted driving, they do not believe it can happen to them. We urge all drivers to view the Understanding Distracted Driving video series, and to take its messages to heart.

We likewise urge those injured by distracted drivers to take action against the negligent drivers responsible for their injuries. While public awareness campaigns have failed, perhaps the risk of civil liability will succeed to deter drivers from these dangerous behaviors.

If you have any questions about a motor vehicle accident, please give us a call us at 312-527-4500 or email us at info@passenlaw.com for a complimentary consultation. You can also learn more by following us on Twitter, reviewing our LinkedIn or Avvo.com pages, and by reviewing our website.

share save 171 16 Understanding Distracted Driving Aims to Reduce Crashes