Posts Tagged ‘Chicago Truck Accident Lawyer’

Distracted Trucking: Major Highway Danger

Thursday, July 15th, 2010

texting while trucking 300x210 Distracted Trucking: Major Highway DangerOur Chicago truck accident attorneys have often explored the dangers of distracted driving.  But distracted driving is not confined to the drivers of cars.  It turns out that truckdrivers, who carry the awesome responsibility of driving machines capable of killing large numbers of people when mishandled, have been engaging in distracted driving, as well.

This Fall, the Federal Motor Carrier Safety Administration finally began to take action on distracted truckdriving.  The FMCSA is close to issuing a rule banning texting while driving a truck.  The rule should be finalized this fall.  While we applaud the FMCSA for taking this action, our trucking accident attorneys are concerned that such a rule is necessary.  How anyone driving a large commercial tractor-trailer truck could think it is acceptable to text while doing so is unfathomable.  The fact is: distracted truckdrivers cause catastrophic motor vehicle accidents.

The FMCSA is also getting ready to propose a rule regarding cellphone use by truckdrivers, or at least certain commercial motor vehicle operators working in interstate commerce.  Again, while our truck accident attorneys are pleased to see the agency stepping up and exercising its rulemaking authority on this issue, the fact that it is required is highly troubling.  Moreover, the dangers of using cellphones while driving have been well known for years.  It is well past the time when governmental action on this issue was due.

Moreover, the proposed penalties for violating these rules are laughably low.  Texting while driving is perhaps the single most dangerous thing a driver can do – arguably even more dangerous than driving while under the influence of alcohol.  Yet the FMCSA’s proposed penalty for truck and bus drivers who violate the texting ban is a mere $2,750.  This “slap-on-the-wrist” penalty sends the clear message that the FMCSA still is not taking seriously the risks and possible consequences of distracted trucking.  Our Chicago truck accident lawyers doubt that such a low fine will have any meaningful effect on the behavior of drivers.

Next, the FMCSA will turn its attention to other distractions within the cab of large trucks.  The agency will consider such distractions as CB radios and dispatch systems, and attempt to come up with a rule that preserves truck drivers’ ability to communicate and receive necessary information, while still ensuring the safety of other motorists on the roads.  The problem is currently under study and consideration by the agency’s Motor Carrier Safety Advisory Committee, which will report on the results of its study in August.

With the federal regulators so slow to act, and so lenient when they do, motorists must rely on the general laws of each state to keep them safe.  However, only twenty-eight states currently ban texting while driving, and these are general laws, not anything specifically applicable to truck or bus drivers.  Moreover, the penalties for violating these state laws are all far lower than even the already inadequate $2,750 proposed for violating the new federal rule.

It is likely that the only effective check on distracted truckdriving will be lawsuits brought by those who are injured by the practice.  Sadly, this means that  innocent people must be injured or killed by distracted truckdrivers – and take action against those negligent drivers – before other truck drivers will be frightened into putting down their own smartphones.

That is why it is so important that those injured in trucking accidents fully investigate the causes of the accident, and take legal action if negligence was to blame.  The more victims stand up for themselves, the sooner the industry and its drivers will be scared into adopting safe practices on distracted truckdriving and other problem issues.  If you were injured in a trucking accident, an experienced truck accident lawyer can help you get to the bottom of what happened in your case, and help you decide whether you should take action, and against whom.

For a free consultation with an experienced Chicago truck accident attorney at Passen Law Group, call us at (312) 527-4500.

Chicago’s I-94 One of the Top Ten Deadliest Highways in America

Wednesday, July 7th, 2010

With the onset of the summer driving season, and the corresponding increase in crashes, data analysis website DailyBeast.com has now ranked the top 100 most dangerous interstates in the United States.  The analysis was based on data from the National Highway Safety Administration, covering the more than 50,000 fatal accidents occurring in the summers of 2004-2008.

Coming as little surprise to our top-rated Chicago truck accident attorneys, Illinois’s I-94 came in seventh on the list.  This position was based upon the road’s 89 fatalities stemming from 85 fatal crashes, across just under 62 in-state miles.  The highway thus had 1.38 fatal accidents per mile during the study period.

While our Chicago personal injury lawyers find this ranking distressing, there is good news as well.  While many other states had multiple highways on the list, no other Illinois roadway ranked in the top 100 most dangerous highways.  The only other Chicago-area road to make the list was Indiana’s I-65, a portion of which extends North to near the Chicago metropolitan area.  Indiana’s I-65 came in at #76, with 141 fatal accidents resulting in 157 fatalities, spread over about 261 miles of in-state road, or .54 fatal accidents per mile.

For a free consultation with an experienced Chicago car accident lawyer at Passen Law Group, call us at (312) 527-4500.

Trucking Companies Placing Short-Term Savings Before Public Safety?

Saturday, April 10th, 2010

trucking safety 300x209 Trucking Companies Placing Short Term Savings Before Public Safety?In light of the recent catastrophic tractor-trailer accident in Kentucky, our attorneys wanted to shed light on trucking safety generally.  The Chicago Tribune recently published an article on how America’s major trucking companies are dealing with the pressures of the recession, and the corresponding decline in shipping.  According to the report, the industry’s response to the recession is to refit older trucks that would otherwise be retired and replaced.  This is being done throughout the industry to avoid the cost of purchasing new trucks on the customary replacement schedule.

While the Tribune piece provided the relevant information about this trend from a purely business standpoint, what was lacking was any analysis of the effect on public safety.  The Chicago trucking accident attorneys of Passen Law Group, however, are extremely concerned that this short-sighted thinking will lead to a slew of avoidable accidents and injuries.

To counter the effects of the economic recession, trucking companies are “refitting” trucks that previously would have been replaced.  Instead of retiring a vehicle at around 400,000 miles, the trucking industry is now hoping to make these trucks last up to 1 million miles.  The implications for safety are obvious.

Although these older trucks are undergoing repairs and so-called “refitting,” at a cost of about $19,000, before returning to duty on America’s highways, much of the work is cosmetic or done to enhance the comforts of the driver, with no actual improvement to the safety of the truck.  For example, Navistar’s truck refitting includes new curtains for the sleeping cab behind the driver’s seat.

The Illinois truck accident lawyers of Passen Law Group commend the effort to improve the quality of life for America’s hardworking truckdrivers.  This is particularly true when the alterations to the trucks improve the chances that a driver will be well-rested during his driving hours.  According to the Federal Highway Administration, fatigue is the number one safety issue facing the trucking industry.  A recent study also revealed that driving while fatigued or drowsy increases crash risk by four to six times.  For these reasons, the Federal Motor Carrier Safety Administration will now require recorders in the trucks of those companies found deficient during on-site reviews, to ensure that drivers are not spending too much time behind the wheel.

The fact remains that these alterations, while commendable for other reasons, do nothing to enhance or restore the safety of these older trucks.  Our experienced truck accident lawyers know all too well the unspeakable damage that can be done when an unsafe vehicle is kept on the roads.  Far too many trucking accidents already occur due to the failure to perform repairs on aging truck components, or the negligent performance of those repairs when they are done.  For example, the recent fatal trucking accident in Kentucky involved a company with a safety rating that should have removed it from America’s highways entirely, and a truck that had been cited for safety problems six times since 2008 and indeed broke down and needed repairs immediately prior to the crash.  In light of this and other recent crashes, the decision to rely even more heavily on repair for vehicles that would ordinarily be withdrawn from service is troubling, to say the least.

This strategy is also shortsighted.  While extending the life of these vehicles may save money in the short-term, the damage that will be done could far outstrip those savings.  When drivers and others a re injured, disabled, or even killed by these older vehicles, the trucking companies must be called to account for this decision.  Should that occur, the top Chicago personal injury lawyers of Passen Law Group have the necessary experience to obtain justice for the victims of the trucking industry’s cost-cutting.  However, we at Passen Law Group sincerely hope that the trucking industry will return to a regular replacement routine before the damage is done – both to the companies’ long term financial interests and to the drivers and innocent motorists whose lives may be destroyed or lost.

For a free consultation with a top-rated Chicago truck accident lawyer at Passen Law Group, call us at (312) 527-4500.